Terms of service
1. These general terms and conditions of service and sale govern the purchase/supply relationships between HOLZ BRENZ SRL (Seller) and the Customer (Buyer). The Buyer's acceptance of the offer or the Seller's confirmation of the order entails the conclusion of the contract and the application of these general terms of sale. Any additional and/or modified conditions shall be valid only if resulting from a written agreement between the Parties. The Seller reserves the right to modify, supplement and/or vary the general terms of sale (including price lists), attaching such modifications/supplements/variations to the offers or, in any case, bringing them to the Buyer's attention promptly and in writing.
2. Sales/supply offers are made in writing (in the document called "commission copy" or "commitment") and, unless otherwise agreed/committed in writing, are valid for 10 days from their dispatch to the Customer, after which the sales offers will no longer be valid. Within this period, the Customer, to finalize the contract, must send the Seller written confirmation of acceptance of the offer. The Seller nevertheless reserves the right to cancel or revise quotations and offers at any time before receiving written confirmation of acceptance of the offer. The Customer's order must necessarily be in writing, serves as an irrevocable purchase proposal for 10 days (unless otherwise indicated in the order) and is not binding for the Seller, who reserves the right to accept it at their sole discretion. Orders placed by the Buyer (even if received through agents, collaborators or procurers in general) are not considered accepted until they are confirmed in writing by the Seller; therefore, the sales contract will be considered concluded only after the order confirmation by the Seller. The issuance of the invoice or the execution of the order by the Seller, communicated to the Customer, will be considered as confirmation/acceptance of the order.
3. Unless otherwise stated in the offer or order confirmation and/or other written agreements between the parties, the prices of the goods are those shown in the price list in force at the time of the conclusion of the contract. The prices of the goods indicated are expressed in Euro and do not include VAT. Unless otherwise agreed in writing between the Parties, prices do not include shipping costs, which are always excluded and will be borne by the Buyer. Prices do not include in any case customs duties, taxes, or export fees and similar. Should such amounts other than the price of the goods be required and paid by the Seller, their amount will be invoiced to the Buyer in addition to the price of the goods sold.
4. Payment of the price indicated in the invoice must be made, in its exact amount, according to the conditions stated in the offer or in the order confirmation and in the invoice itself. The place of payments (even in the case of issuing drafts or bank receipts, or issuing bills of exchange, bank transfers, etc.) remains fixed at the Seller's headquarters. Payments made to agents, collaborators, procurers or auxiliaries in general of the Seller will not be liberating for the Customer without prior specific written authorization from the Seller. In case of non-compliance with payment terms, the Seller is entitled to late payment interest at the rate provided for by Legislative Decree 231/2002. Interest accrues automatically from the day following the deadline for payment and, in any case, and for the rest, the application of the aforementioned Legislative Decree 231/2002 is recalled. Failure to pay or delayed payment of supplies/invoices will entitle the Seller, without prejudice to any other initiative, to change the payment methods and/or discount terms also for different and/or subsequent supplies (also requesting advance payment or the issuance of additional guarantees), to suspend any other orders in progress (even if not related to the payment in question) and, in general, to avail itself of all self-protection instruments provided by law.
5. Unless otherwise agreed in writing (also resulting from the offer or order confirmation), the delivery of goods is agreed Ex Works/Franco Factory at the Seller's plant (EXW - Incoterms 2010). In any case, the Seller is released from the obligation of delivery by handing the goods over to the carrier or forwarder, and the goods always travel at the Buyer's risk, even if the Seller assumes the obligation/costs of transport. Unless otherwise agreed in writing, the delivery times indicated are to be considered indicative and not essential.
6. Upon taking delivery of the purchased goods, the Buyer shall immediately verify the conformity/quality, quantity, and packaging of the products with respect to what is indicated in the offer or in the order confirmation. Any complaints/disputes regarding the quality and/or quantity and/or integrity of the products must be addressed directly to the carrier at the time of delivery by placing on the delivery note or transport/delivery document the indication "accepted with reservation". Any defects in the delivered goods must be reported to the Seller in writing within eight days of delivery. No complaints will be accepted regarding any cracks or flaking of the wood due to climatic variations. Regarding the quantities delivered, the Buyer recognizes the customary tolerances to the Seller. Any returns of goods must, in any case, be authorized by the Seller and, unless otherwise agreed in writing, costs will be borne by the Buyer. The Buyer undertakes not to use products deemed defective and to immediately communicate this circumstance to the Seller, so as to allow them to inspect the goods through a person of their trust (meanwhile carefully storing the goods). The Buyer undertakes to immediately communicate any disputes by third parties of which they have become aware. The Seller declines any responsibility for incorrect and/or improper use of the materials sold.
7. These general terms of sale, and in general all sales/supply contracts stipulated between the Seller and the Customer, are and are understood to be governed by Italian law. Any dispute between the parties, relating to the sales/supply relationships governed by these general terms of sale, will be referred to the Italian jurisdiction and, in particular, to the exclusive jurisdiction of the Court of Reggio Emilia.
2. Sales/supply offers are made in writing (in the document called "commission copy" or "commitment") and, unless otherwise agreed/committed in writing, are valid for 10 days from their dispatch to the Customer, after which the sales offers will no longer be valid. Within this period, the Customer, to finalize the contract, must send the Seller written confirmation of acceptance of the offer. The Seller nevertheless reserves the right to cancel or revise quotations and offers at any time before receiving written confirmation of acceptance of the offer. The Customer's order must necessarily be in writing, serves as an irrevocable purchase proposal for 10 days (unless otherwise indicated in the order) and is not binding for the Seller, who reserves the right to accept it at their sole discretion. Orders placed by the Buyer (even if received through agents, collaborators or procurers in general) are not considered accepted until they are confirmed in writing by the Seller; therefore, the sales contract will be considered concluded only after the order confirmation by the Seller. The issuance of the invoice or the execution of the order by the Seller, communicated to the Customer, will be considered as confirmation/acceptance of the order.
3. Unless otherwise stated in the offer or order confirmation and/or other written agreements between the parties, the prices of the goods are those shown in the price list in force at the time of the conclusion of the contract. The prices of the goods indicated are expressed in Euro and do not include VAT. Unless otherwise agreed in writing between the Parties, prices do not include shipping costs, which are always excluded and will be borne by the Buyer. Prices do not include in any case customs duties, taxes, or export fees and similar. Should such amounts other than the price of the goods be required and paid by the Seller, their amount will be invoiced to the Buyer in addition to the price of the goods sold.
4. Payment of the price indicated in the invoice must be made, in its exact amount, according to the conditions stated in the offer or in the order confirmation and in the invoice itself. The place of payments (even in the case of issuing drafts or bank receipts, or issuing bills of exchange, bank transfers, etc.) remains fixed at the Seller's headquarters. Payments made to agents, collaborators, procurers or auxiliaries in general of the Seller will not be liberating for the Customer without prior specific written authorization from the Seller. In case of non-compliance with payment terms, the Seller is entitled to late payment interest at the rate provided for by Legislative Decree 231/2002. Interest accrues automatically from the day following the deadline for payment and, in any case, and for the rest, the application of the aforementioned Legislative Decree 231/2002 is recalled. Failure to pay or delayed payment of supplies/invoices will entitle the Seller, without prejudice to any other initiative, to change the payment methods and/or discount terms also for different and/or subsequent supplies (also requesting advance payment or the issuance of additional guarantees), to suspend any other orders in progress (even if not related to the payment in question) and, in general, to avail itself of all self-protection instruments provided by law.
5. Unless otherwise agreed in writing (also resulting from the offer or order confirmation), the delivery of goods is agreed Ex Works/Franco Factory at the Seller's plant (EXW - Incoterms 2010). In any case, the Seller is released from the obligation of delivery by handing the goods over to the carrier or forwarder, and the goods always travel at the Buyer's risk, even if the Seller assumes the obligation/costs of transport. Unless otherwise agreed in writing, the delivery times indicated are to be considered indicative and not essential.
6. Upon taking delivery of the purchased goods, the Buyer shall immediately verify the conformity/quality, quantity, and packaging of the products with respect to what is indicated in the offer or in the order confirmation. Any complaints/disputes regarding the quality and/or quantity and/or integrity of the products must be addressed directly to the carrier at the time of delivery by placing on the delivery note or transport/delivery document the indication "accepted with reservation". Any defects in the delivered goods must be reported to the Seller in writing within eight days of delivery. No complaints will be accepted regarding any cracks or flaking of the wood due to climatic variations. Regarding the quantities delivered, the Buyer recognizes the customary tolerances to the Seller. Any returns of goods must, in any case, be authorized by the Seller and, unless otherwise agreed in writing, costs will be borne by the Buyer. The Buyer undertakes not to use products deemed defective and to immediately communicate this circumstance to the Seller, so as to allow them to inspect the goods through a person of their trust (meanwhile carefully storing the goods). The Buyer undertakes to immediately communicate any disputes by third parties of which they have become aware. The Seller declines any responsibility for incorrect and/or improper use of the materials sold.
7. These general terms of sale, and in general all sales/supply contracts stipulated between the Seller and the Customer, are and are understood to be governed by Italian law. Any dispute between the parties, relating to the sales/supply relationships governed by these general terms of sale, will be referred to the Italian jurisdiction and, in particular, to the exclusive jurisdiction of the Court of Reggio Emilia.