27
© Copyright Pellini S.p.A. ® Register
ed trademark by Pellini S.p.A.
SL
20M
plissé
PLEATED BLIND
SL
22M
plissé
10. FORCE MAJEURE
Should the Company be faced with the impossibility to carry out the delivery within the agreed terms, due to circumstances beyond
its control such as, by way of illustration and not exhaustive: war, governmental restrictions, strikes or lockouts, work force demonstrations or other general
or local events; fire, floods, explosions, natural catastrophes, or any other acts of God owing to which the Products have been damaged and/or destroyed or
any event which, be that as it may, may cause problems to the Company in terms of manufacturing, delivery or supply of the Products, the Company, with-
out obligation to provide explanations to the Purchaser, will be entitled to cancel all and/or part of the Order, while doing everything in its capacity to inform
the Purchaser as soon as possible. It remains that, in these cases, the Purchaser will not be entitled to require any reimbursement from the Company as com-
pensation for the damage, if any, suffered by the Purchaser and/or by third parties owing to the cancellation of the Order by the Company.
11. ORDER VARIATIONS, CHANGES AND CANCELLATIONS
The Order of the Products is irrevocably confirmed by the Purchaser.
Barring what provided for by the art. 4 aforementioned, any changes or cancellations of the Order from the Purchaser and expressly authorized by the Company,
will have to be communicated in writing to the latter by registered letter within, and at the latest, 10 (ten) days after the date of issuing of the Order.
12. NON COLLECTION OF THE PRODUCTS FROM THE PURCHASER
Should the Purchaser not collect the purchased Products delivered to des-
tination, the Company will be entitled, at its own discretion, to: (I) demand the settlement of the payment and leave the Products at the Purchaser’s dis-
posal; (II) proceed to the sale of the Products to third parties, without amendments or any other sort of measures having to be taken by the Legal Authorities.
It remains that any stoppage dues arising from the non collection of the goods at the forwarding company, handling and freight charges applying to the
Products are charged to the Purchaser. Should the Purchaser have difficulty in accepting the delivery for a period of time longer than 14 (fourteen) days, the
Company will be entitled to back out of the contract. In any case, it is agreed that the Company is fully entitled to compensation for the damage suffered.
13. PRODUCTS WARRANTY AND COMPLAINTS
All the Products supplied by the Company are guaranteed against production faults provided they
are handled in compliance with correct procedures. The Purchaser is obliged to inspect the goods delivered upon receipt of the same. Complaints, if any,
about Product faults are to be communicated to the Company by means of registered letter - or anyway in writing - : (I) in case of manifest faults, within
and not later than 5 (five) days after receipt of the Products; (II) in case of hidden faults, within and not later than 8 (eight) days after ascertaining the fault
and, however, not later than 30 (thirty) days after delivery of the Products. The above being stated, no complaint can be made unless judicially exerted by
way of action or plea, within 3 (three) months after receipt of the single batches of Products. However complaints are to be provided with all the evidence
necessary to their documentation. Inadequate information in this regard might cause delays to the Company to settle the complaint. It is agreed that, should
this be the case, the Company will not be liable for such delays. Complaints regarding Products having been cut, used and/or processed after the delivery,
will be rejected, except when faults other than production faults could not be detected before the processing of the goods. Complaints regarding the pro-
cessing expenses of the delivered goods will be rejected. Differences of the Products from what specified in the Order or, if different, in the Order
Confirmation with reference to quality, quantity, width, colours, finishes, size and the like, which stand for variations commonly accepted in the commercial
practice or technically inevitable, will not be considered valid reasons for lodging complaints. The Purchaser is not entitled to give back the Products or refuse
the delivery unless through written authorization of the Company. Being agreed that, in no way, will the complaints authorize the Purchaser to suspend or
delay the payment of the invoices relative to the Products. Should the grounds of the complaint be conventionally or legally acknowledged and should it not
be settled with the Company granting a discount on the purchase price of the Products, the Purchaser will be entitled to ask the Company to be reimbursed
exclusively the price of all the defective Products as per the relative invoice. The Company will be entitled to choose, at its own discretion and upon return
of the defective Products, whether (I) to replace the Products with other flawless Products or (II) to reimburse to the Purchaser the price paid by the latter
for the defective Products. Being agreed, in any case, that the Purchaser will waive any claim of reimbursement for any direct or consequential damage that
might arise. The Purchaser will further have to protect the Company against any possible complaint from third parties regarding goods or services supplied
by the Company.
14. RETURNED GOODS
In no way will the Purchaser be entitled to return the Products purchased and duly delivered by the Company, without written
authorization of the Company.
Should such authorization be granted, the Purchaser, however, will have to specify the goods return authorization number provided by the Company in the
forwarding note, upon express request of the Purchaser. The Products returned will have to be intact and in perfect conditions. Should the Products turn out
damaged, the Company reserves the right, in its sole discretion, to: (I) reject the return of the Products; or (II) to charge the Purchaser with the cost of the
Products and/or of all the steps required to their fixing. Forwarding of the returned goods will have to be free port at the Factory.
15. GOVERNING LAW AND PLACE OF JURISDICTION
All the contracts executed by the Company will be governed by the laws in force in Italy
except for the Vienna Convention on International Trade. For all disputes that should arise with regard to the contracts executed by the Company, in the first
instance the Court of Lodi, Italy, will be the sole place of jurisdiction, being agreed that the Company is entitled to take legal measures against the Purchaser
before the competent Court of the place of residence of the Purchaser or before any other competent Court.
•
ScreenLine
®
is a Pellini S.p.A. product.
•
The ScreenLine
®
Technical Catalogue / Price List is the exclusive property of Pellini S.p.A.
•
Pellini S.p.A. reserves the right to modify or alter the contents of the Technical Catalogue / Price List without notice, and therefore the content must be
considered as indicative and not binding.
SL20 22M plissé_GB 15-05-2007 9:45 Pagina 27
