General terms and conditions
1. GENERAL TERMS – The sale is regulated by following general terms to be integrated to the terms written on the commercial invoice and, for what not expressly indicated, by the Italian Civil Code. Present conditions are applied to all products/services supplied by Arti Grafiche Julia Spa.
2. QUOTATIONS – The quotations of Arti Grafiche Julia Spa are not binding and, if not different mentioned, they have a validity of 30 days. Any pricelist or quotation sent to customer are owned by Arti Grafiche Julia Spa and cannot be duplicated or forwarded to third parties without the written approval of Arti Grafiche Julia Spa..
3. ORDERS – The customer’s order is valid as purchase proposal; it is irrevocable for the Customer and is it not binding for Arti Grafiche Julia Spa who has the right to accept it. The sale contract will be closed after the order confirmation sent by Arti Grafiche Julia Spa. Further modifications or additions to the purchase order won’t be binding for Arti Grafiche Julia Spa who has the faculty of accepting or refusing them without prejudice for the original order. The order confirmation of Arti Grafiche Julia Spa cancels possible agreements or deals that are not reported in the confirmation itself. The purchase order issued by the customer, where not different mentioned, implies the acceptation of the conditions showed inside that document.
4. CONTENT OF THE SUPPLY – The supply includes exclusively what indicated in the order confirmation. Arti Grafiche Julia Spa ha the right to generate appropriate technical modification to the product without the commitment of giving preventive communication to the customer. Further features and data resulting on catalogs and any documentation concerning the products are to be interpreted as indicative and not binding for Arti Grafiche Julia Spa.
5. PRICES – The prices expressed in the quotations are valid and effective at the moment of the order confirmation issued by Arti Grafiche Julia Spa and are EXW Arti Grafiche Julia Spa and they do not include other costs such as IVA, taxes, fees and others which will be charged to customer. If not different mentioned in the quotation, prices are in Euro currency.
6. PRODUCT SPECIFICATIONS – As far as the content of the order confirmation is concerned, each consignment is to be considered as completed when the delivered quantity of each item is the same as the quantity established by the contract with a tolerance (in the quantity of delivered items) of : ±4% for consignment lower than 100.000 pcs ±2% for consignment higher than 100.000 pcs The customer will pay for the quantity effectively delivered if it is included within the tolerance limits. Arti Grafiche Julia Spa is never responsible of the product conformity validation in connection to the use done by the customer.
7. DELIVERY TERMS – The delivery terms are intended as essential, nevertheless Arti Grafiche Julia Spa has a tolerance threshold of 90 days concerning the consignment delay starting from the terms indicated on the order confirmation. Arti Grafiche Julia Spa won’t be responsible if the non-compliance of above delivery terms or tolerance is consequent to strikes, unavailability of raw materials, omissions aside the customer within the transfer of technical specifications and/or drawings and/or necessary information related to the order fulfilment; natural disasters, fire or other event not ascribable to Arti Grafiche Julia Spa.
8. SHIPMENT – The good is always sold EXW Arti Grafiche Julia Spa at the factory of San Dorligo della Valle (TS), where not differently mentioned in the order confirmation. The possible interest of Arti Grafiche Julia Spa in searching the transport mean and/or approaching the consignment to customer, is to be intended done on behalf and to the interest of customer, without any responsibility for Arti Grafiche Julia Spa. The possible inclusion of transport charges into the sale price or the mention “free delivered” does not entail a waive to this clause. The losses, failures, damages of goods or packages and all reasons or facts attributable to the transport will be charged to customer even if Arti Grafiche Julia Spa had given warranty declaration on specific request of the transport agented. The goods travels caveat emptor : Arti Grafiche Julia Spa won’t be responsible concerning the transport. If Arti Grafiche Julia Spa won’t receive precise indications from the customer about the carrier appointed for collecting the goods, Arti Grafiche Julia Spa has the right to entrust the shipment to a carrier of its own choice at the moment of goods availability. At any time Arti Grafiche Julia Spa may refuse to deliver goods/services to customer in case of pending payments or reasonable doubts about the customer solvency.
9. PAYMENTS – The payment of each invoice has to be paid as per the terms agreed in the invoice document. The payment place is fixed at the address of Arti Grafiche Julia Spa. The payments arranged with Arti Grafiche Julia ’s agents are to be agreed in advance by written authorization of Arti Grafiche Julia Spa. The non-compliance of the payment terms gives Arti Grafiche Julia Spa the right to:
a) To close al contracts in progress as per Art.1456 of the Italian Civil code.
b) To hang up all current order fulfilments or backorders
c) To require the interests provided in case of payment delays within commercial transactions, adding the charges and without the formal notice to the customer
10. LEGAL EXPENSES – Arti Grafiche Julia Spa is authorized to appoint a lawyer in order to settle pending matters concerning outstanding debts of customer. After that, the customer will be charged to pay Arti Grafiche Julia Spa the complete settlement of the debt along with a penalty corresponding to the 30% of the whole amount with a minimum sum of Euro 160.= as a forfeit refund of legal expenses without expense sheet, except for the refund for further damages.
11. RIGHT OF WITHDRAWAL – in case of change of customer’s financial situation occurred after the issue of order confirmation that may affect the release or continuation of the contract, Arti Grafiche Julia Spa, as per its incontestable judgment has the faculty to withdraw the contract. The practice of that faculty doe not allow the customer any right of refund of damages or others.
12. FEATURES – The customer acknowledges that there may be variation of level, performance or any other electrical /physical features of the goods and that an absolute uniformity of such features is not granted by Arti Grafiche Julia Spa. The customer also accepts that the products purchased as per sample may vary within their visual features from samples themselves in the same way and shading that may vary the whole production of Arti Grafiche Julia Spa.
13. CLAIMS – Claims concerning possible shortages or damages must be done exclusively with the Carrier (when unloading the goods with a discrepancy note on the transport document) and giving immediate information by registered mail to Arti Grafiche Julia Spa. Any other claim concerning the nature and/or feature of the material will have to be immediately forwarded to Arti Grafiche Julia Spa by registered mail within 8 days from goods receipt. BEYOND THIS TERM THE GOODS IS SEEN AND ACCEPTED as it is. Further hidden lacks of the goods must be declared, in the same way as above, within 8 days from the fault discover and, anyway, within 1 year from consignment, otherwise the warranty won’t be longer valid. Also, in case that, after the appropriate notification, the customer does not keep the goods at Arti Grafiche Julia Spa disposal for at least 30 days or in case the goods has been used, the customer will lose the warranty. Arti Grafiche Julia Spa does not accept claims for material already used. The faults related to partial deliveries do not allow the customer to withdraw the contract. Not any claim, in no case will justify a delay or failure to pay.
14. LIMITATION – Whatever refund is bound to the following
conditions:
a) The reimbursement are exclusively concerned to direct damages that, at the contract date, could reasonably be expected.
b) In any case the reimbursement cannot exceed the 40% of the products sale price that have caused the damage.
c) In no case Arti Grafiche Julia Spa will be responsible for damages, incidental or indirect, suffered by the customer, like for example, profit losses, productions losses or contract losses.
d) The protested products will have to be whole, not modified and they must not have been exposed to any mechanical/electrical/chemical stress that may compromise, also in part, the original status.
15. ELIMINATION – The article which are not displayed in the catalogue are eliminated. At its discretion, the Company has the right to eliminate from production range other articles of catalogue anytime and without any previous notice. The availability is not even granted for all articles.
16. PACKING – If not previously agreed, the packing are at customer costs.
17. PRODUCT WARRANTY – Arti Grafiche Julia Spa grants the delivered products for a period of 12 (twelve) months starting from the consignment date (where not differently mentioned in the contract ). During the validity period, the warranty includes the interventions of repair/replacement to be carried out at the factory of Arti Grafiche Julia Spa. The replaced products are property of Arti Grafiche Julia Spa. Possible shipping costs are at customer charge. The warranty doesn’t include the material non correctly carried and/or stored (temperature 15/28C, relative humidity not heat sources) used or submitted to modifications. In no case Arti Grafiche Julia Spa grants that the supplied products aresuitable to the specific user requirements. The warranty doe not include faults due to a non appropriate use of the products. The software implemented by Arti Grafiche Julia Spa is given without any warranty nor certification concerning its use 8in terms of reliability, precision and accuracy. Arti Grafiche Julia Spa does not grant that the software performances are steady and error-free.
18. RESPONSIBILITY – The responsibility of Arti Grafiche Julia Spa for faults on sold goods, if promptly reported and accepted, is exclusively limited to the free replacement of faulty products. In any case, the reimbursement of any other damage, direct or indirect suffered by the customer is excluded.
19. CONFIDENTIALITY – The technical and commercial information forwarded by Arti Grafiche Julia Spa to the customer must be considered as confidential and cannot be duplicated and forwarded to third parties nor directly or indirectly used by the customer within its services/projects with third parties.
20. JURISDICTION – Whatever the nationality and residence of the customer, the contracts are subject to the jurisdiction of the Italian civil code.
21. PRIVACY- the complete version is available at the registered address of the company and/or on our web site (http://www.agjulia.it/Privacy.htm). All data communicated by Arti Grafiche Julia Spa will be filed as per the privacy standard D.Lgs.196/03. On demand, Arti Grafiche Julia Spa supplies a suitable form in order to give consent to the data filing aimed to receive the specific services. All data filing property rights remain stored at Arti Grafiche Julia Spa, Via Travnik 7, 34018 San Dorligo della valle (TS) Italy. Arti Grafiche Julia Spa protects the confidential nature of data and won’t share them with third parties.
22. COURT/TRIBUNAL – Any dispute may arise between the parties will be devolved to the exclusive jurisdiction of the Tribunal of Trieste as the unique Court in charge.
