Mosaico + - Mosaics

tech info general conditions of sale.

1. PAYMENTS

Payments shall only be made to the creditor’s

domicile. The payment terms and procedures

stated in the order confirmation and/or invoice are

essential and binding. Therefore, in the event of

failure to pay within the stated term, the Purchase

shall be considered in default to all legal intents

and purposes and interest shall be due on the

overdue amount at the annual rate specified by

Italian Decree Law n. 231/02. At the end of each

calendar year Mosaico+ S.r.l. shall be authorized

to issue a debit note for any interest accrued up to

that date. In the event that payment by instalments

is agreed for each invoice, or several invoices

with due dates in sequence are issued, failure

to pay even just one instalment or invoice shall

automatically lead to forfeiture on the Purchaser’s

part of all right to make delayed payments, and

therefore it shall be obliged to make immediate

payment for all the goods received.

All costs relating to the payment (issue of bank

payment orders, stamp duty on bills of exchange,

presentation of bills, etc.) shall be for the

Purchaser’s account unless otherwise agreed. The

Vendor shall be permitted to cease the supply of

goods in the event that the Purchaser’s financial

situation is such as to cast doubt on its ability to

meet its financial obligations.

Circumstances indicating inability to meet

financial obligations include, by way of example

and without limitation, the opening of bankruptcy

or insolvency procedures, placing of the company

in liquidation, protested bills, attachments, the

registration of mortgages by court order and

voluntary mortgages, the cancellation of bank

credit lines and insolvency.

2. PACKAGING

Material shall be delivered with standard

packaging suitable for the means of transport. Any

other form of packaging shall be charged for at

cost and shall be agreed in writing.

3. DELIVERY AND TRANSPORT

Goods shall be delivered ex-works pursuant to art.

1510 of the Italian Civil code and the Purchaser

shall collect them at the Vendor’s premises. In the

event that, on the Purchaser’s request, the Vendor

sends the goods using its own vehicle or through

a carrier or forwarding agent, the goods shall still

be considered delivered ex-works and shall travel

at the Purchaser’s risk. Mosaico+ S.r.l. shall be

authorised to stipulate a contract with carriers or

forwarding agents on the Purchaser’s behalf, with

costs and expenses for the latter’s account.

Therefore, in all the hypotheses described above,

in the event of theft of and/or damage to the

transported goods, the Vendor shall not be held

responsible. The prices stated in the catalogues

are ex-works Sassuolo (Modena, Italy), not

including V.A.T.

The delivery times stated in the order proposal

and/or confirmation of order are guideline and

not binding. Any different agreement must be

confirmed in writing.

4. WARRANTY-CONTRACTUAL RESPONSIBILITY

The material delivered is guaranteed against

defects or failure to meet quality standards for

24 months from the moment of delivery if properly

stored and correctly installed.

Wood mosaics and mixes which contain wooden

chips must only be grouted with epoxy grout left to

cure for at least 7 (seven) days before contact with

water, and cannot be laid on substrates or surfaces

which are often or always wet (e.g.: shower

trays, bathtubs, etc.). The material, in its intact

original packaging, must be protected from rain or

excessive damp during both transport and storage

on the installation site or in the warehouse.

In the event of complaints concerning defects of

the products made within the terms specified in

art. 4bis below, the Vendor shall be obliged solely

to replace the faulty goods in the shortest possible

time, and shall not be liable, for any reason, for

damage of any kind incurred directly or indirectly

by the Purchaser or by third parties.

Mosaico + S.r.l. shall not be held responsible for

faults and/or defects caused by negligence in the

storage of products, by the installation operations,

by failings in the architectural design or by any

factors unrelated to the products supplied.

4 Bis. COMPLAINTS

Pursuant to art. 1495 of the Italian Civil Code,

any faults shall be formally reported by registered

letter with return receipt or certified email within

8 (eight) days after delivery of the material, or in

the case of hidden defects, after their discovery.

Complaints for damage to goods in transit, whether

by carrier, forwarding agent or the sender, shall be

made at the moment of delivery and reported on

the transport document, with the driver’s signature

in confirmation.

In all cases, materials must be inspected before

installation, and no complaints shall be accepted

with regard to material already installed. Mosaico

+ S.r.l. shall not be responsible for delays in

consignment of the completed works by the

Purchaser, or costs relating to the installation and/

or removal of defective goods.

In the event that the procedures set out above

are not completed by the stated manners and

terms, the complaint shall not be accepted, and

the Purchaser shall be deprived of the right of

warranty.

Pursuant to art. 1462 of the Italian Civil Code,

the Purchaser shall not make complaints for the

purposes of avoiding or delaying the fulfilment of

its obligations.

5. TOLERANCES

Mosaico+ S.r.l. specifically states that the color

of mosaic chips is never uniform and reference

to samples is purely guideline and subject

to variation within the color’s manufacturing

tolerance range. The color percentages stated for

the various shades are also purely guideline and

subject to variation.

The presence of a mixture of different color shades

is a distinctive feature of mosaics. Mosaico+

S.r.l. points out that variations of shade, within

the tolerance limits for production, are possible

between different lots of material, and small

inclusions of different materials and/or splintering

of some chips are also normal features.

Stated chip sizes refer to nominal dimensions net

of production tolerances. The same applies to joint

widths, which vary depending on the actual chip

size. In some collections, the irregularity of the

chips used is crucial to the artistic value of the

mosaic.

Therefore, the Purchaser declares that it is aware

that the products may have slight variations

in shade and/or other characteristics referred

to above, as well as possible microporosity, and

accepts these features.

Mosaico + S.r.l. shall not be liable for variations

in colors/shades in the event of orders placed or

fulfilled at different times.

6. RETURNS

No returns of goods shall be accepted unless

specifically authorised in writing by the

management of Mosaico+ S.r.l. The return

document shall contain the references to the

transport document issued on delivery of the goods.

Returned materials shall be shipped in their

original intact packaging, freight prepaid, at the

Purchaser’s risk, unless otherwise agreed.

On receipt and subsequent inspection of the goods,

the Mosaico + S.r.l. shall issue the relative credit

note for 90% of their value.

6 Bis. CUSTOMIZED PRODUCTS

No reductions in quantities or returns will be

accepted with regard to customized products

and/or products manufactured according to the

Purchaser's specifications stated in the order

confirmation. Their cost will therefore be charged

to the Purchaser's account regardless of whether

or not the latter takes delivery of them.

7. PROPERTY RIGHTS

The Purchaser shall acquire ownership of the

material on delivery of the goods pursuant to art.

3 above. If the goods are delivered by a carrier,

the transfer of ownership shall still occur on

consignment to the carrier or forwarding agent.

8. APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Italian

law.

Any dispute arising out or in connection with the

validity, interpretation, performance of these

conditions and of sales contracts will be submitted

to the exclusive jurisdiction of the court of Milan,

with exclusion of any alternative or concurrent

jurisdiction.

Mosaico+ S.r.l. a socio unico

Registered office Viale Jenner 4

20159 Milan

Offices Via Valle d’Aosta 46

41049 Sassuolo (MO)