Atlas Concorde
Catalog 2025
General conditions of sale
1. FINALISATION OF THE CONTRACT
1.1. Every sales contract is governed by the main Conditions of Sale set out
below. Under no circumstances shall the Seller be bound by any General
Contract Terms of the Purchaser, even if they are referred to or incorporated
in orders or any other document sent to the Seller, unless the latter has
specifically agreed to them in writing .
1.2. The sales contract shall be considered finalised when: (i) the Purchaser
receives the Seller’s written confirmation of the order; (ii) if the confirmation
sent by the Seller contains conditions that differ from the Order received from
the Purchaser, when the latter accepts it in writing; (iii) if the Seller does not
provide a written confirmation, when the Products are delivered and loaded by
the Purchaser and/or the carrier assigned to collect them.
1.3.The Purchaser is in agreement regarding the need to restrict its sales of
the Seller’s Products to the country within which it, the Purchaser, is based.
The Seller considers this rule essential in order to coordinate its sales policy
and rationalise its distribution network, with offers better tailored to each
country’s needs. The Purchaser acknowledges that this rule is also in its own
best interests. The Purchaser therefore undertakes to market the Products
supplied by Ceramiche Atlas Concorde SpA only in its country of residence,
refraining from promoting active sales, including online, with customers
located in the territory of a country other than its own. For triangular deals,
this undertaking shall apply to the country for which the goods are actually
destined. The Purchaser shall only resell the product outside its territory with
written authorisation from the Seller, except for sales concerning non-first
grade or discontinued Products.
1.4. In cases of force majeure, the Party affected by the event shall be
relieved of its contractual obligations and of the consequences of its default
(penalties, compensation for damages). Force majeure shall be construed
as the occurrence of an event or circumstance (“Force Majeure Event”) that
prevents one Party from fulfilling one or more contractual obligations, if,
and to the extent to which, the Party under the impediment (“the Affected
Party”) demonstrates: a) that the impediment is beyond its reasonable
control; b) that it could not reasonably have been foreseen at the time of
signing of the contract; and c) that the effects of the impediment could not
reasonably have been avoided or overcome by the Affected Party. The Party
affected by the Force Majeure Event shall notify the other Party in a timely
manner in writing.
2. SHIPPING AND DELIVERY TERMS
2.1. Unless otherwise agreed in the confirmation of order, Products shall be
delivered ex-works.
2.2. Unless specifically requested and agreed prior to the Confirmation of
Order, the Seller does not guarantee that orders for any single article are all
shipped from the same production lot.
2.3. Delivery terms are guideline and any extension of them shall not entitle
the Purchaser to claim compensation, under any circumstances.
2.4 If the Purchaser fails to collect the goods within 14 (fourteen) days
after the date of the notice that they are ready, the Seller will be forced
for reasons of space to return the goods to the storage facilities, thereby
incurring additional costs; the Seller specifically reserves the right to charge
these additional costs to the Purchaser.
For “custom”, i.e. bespoke, products under the “ATLAS CONCORDE
HABITAT” brand only, the Purchaser is granted 40 days from notification that
the goods are ready to arrange collection of the product. If the Purchaser
fails to collect the goods within 40 days, the Seller shall hold the product
at the Purchaser’s disposal for a further 20 days, after which the contract
shall be considered rescinded and the Seller shall be entitled to a penalty
in compensation for the damages incurred, set hereby as equal to the price
of sale of the product; the Purchaser specifically waives all right to request
reduction of this sum.
2.5. The Purchaser shall instruct the carrier to inspect the Products prior
to loading and any objections concerning the state of the packaging and
any discrepancies between the quantities loaded and those entered in the
transport document shall be made at the time of loading and entered in all
copies of the transport document. If no such entries are made, the Products
loaded shall be considered to be undamaged and complete.
2.6. The Purchaser shall also instruct the carrier to check that the vehicle is
suitable for the load in view of the nature of the Products, and to ensure
that the goods are correctly loaded and stable, to prevent any breakages in
transit and to comply with all safety provisions concerning the roadworthiness
of the vehicle.
3. PRODUCT CHARACTERISTICS
3.1. The Seller declares that the Products comply with the applicable Italian
and EU regulations for their sector.
3.2. The Seller only guarantees the technical characteristics published on
its website in the Technical Sheet document (at the links https://www.
atlasconcorde.com/en/download-area and https://www.atlasplan.com/en/
download/).
3.3. The intended use stated by the Seller is always purely guideline, since
the Purchaser is always responsible for assessing the product’s suitability for
the specific conditions of use, considering the stresses and variables which
may occur in the intended location and affect its characteristics, such as
intensity and type of a traffic (e.g. foot traffic with sand and debris present),
any adverse weather conditions and any other situation to which the material
may actually be exposed. Any intended use different from
and/or not compatible with the Seller’s recommendations stated in its
catalogues available at https://www.atlasconcorde.com/en/download-area,
or the specific conditions of use, shall in no way constitute a defect in the
product’s quality and/or conformity, and therefore no conventional and/or legal
warranty shall apply.
3.4. Any illustrations and/or images of the Products which appear in the
Seller’s websites, brochures, catalogues, price lists or similar documents are
purely guideline and illustrative. Similarly, samples and models only provide
guidance concerning the Products’ characteristics and are not binding on
the Seller unless specifically referred to in the order confirmation as essential
characteristics and/or qualities of the product. Sales are therefore made “by
Sample Type” and not “by Sample”.
4. CLAIMS AND WARRANTY FOR FAULTS
4.1. Upon receipt of the Products, the Purchaser shall check them thoroughly,
including the packaging, by means of a visual inspection carried out in
accordance with point 9 of the UNI EN ISO 10545-2 standards. Approval
inspection of the tiled surface prior to installation consists of a visual
examination (with the naked eye or with glasses if usually worn) of the
surface from a distance of 1.0 metres vertically to it, or a tactile examination
if necessary.
4.2. While the acceptability limits enforced by the EN 14411 (ISO 13006)
international standard shall apply in all cases, the Parties accept as
Identifiable Faults those Product defects immediately visible on receipt of
the goods which make the material unfit for purpose or significantly reduce
its value, including, for example:
surface defects;
defects in decoration (drips, stains, mixing of colours, nonconformity of
colour shade, etc.);
dimensional defects (working size, flatness, thickness, perpendicularity-
straightness of edges);
structural defects (cracks, chips, etc.).
Hidden Faults shall include, for example:
cracks at right angles to edges or crazing after installation (“flaking”) not
due to incorrect cutting and installation after sale;
tendency to stain, i.e. Products which retain dirt at an abnormal rate and
are difficult to clean, not due to incorrect installation and/or maintenance;
defects in shine, i.e. Products which with grazing light reflect the light
differently to those next to them, said effect being unintentional and not
identifiable by visual and/or tactile inspection.
4.3. The Seller’s warranty shall only apply if faults and defects are due to
the product’s manufacturing process and shall be completely void if they
arise from the post-delivery processing of the product, defined as, for
example, any shaping, drilling and cutting of tiles or slabs and/or any activity
necessary for their use and, in the event that defects occur even though
both installation and processing are performed in strict compliance with
the recommendations regarding the procedures to be adopted before
and during installation provided in the document containing guidance on
Installation, Use, Cleaning and Maintenance on the Seller’s website (https://
www.atlasconcorde.com/in/download-area , “Technical Sheets” section) and
with good practice.
Guidance on the Installation, Use and Maintenance of “Atlas Plan” brand
products can be requested directly from the Seller or downloaded using the
QR code on the label affixed to the Product.
4.4. The warranty is limited only to first grade Products and shall only apply
on condition that Identifiable Faults in the goods are reported with 8 (eight)
days after delivery, while Hidden Faults must be reported within 8 (eight) days
after discovery and the relative right expires one year after delivery.
4.5. In the event that the Purchaser detects Identifiable Faults, the whole lot
of material must be kept at the Seller’s disposal.
4.6. If it is confirmed that the Product has Identifiable Faults, as defined in
point 4.2, the Seller shall replace the faulty Product with another one with the
same or superior characteristics; should this not be possible, the Seller shall
apply an appropriate price reduction. As an alternative, the Purchaser may
return the faulty Products and shall then be entitled to a refund of the price
paid plus the transport cost, with no compensation for any other direct and/or
indirect damage.
4.7. The Seller’s warranty shall be void if Products all or some of which
are affected by Identifiable Faults have been installed and/or used and/
or transformed in any way. In this case, the Purchaser’s action (i.e. the
installation and/or use and/or transformation) shall constitute acceptance of
the Product “as is”; the Seller shall therefore not accept claims for Products
that have already been installed and/or transformed and/or used, as this
constitutes implicit acceptance of the Product.
4.8. If it is confirmed that the Product has Hidden Faults, as defined in point
4.2, the Seller’s warranty shall be limited to replacement of the material with
another one with the same or superior characteristics, or if this is not possible
to refund of the price paid plus freight costs. In all cases, the Seller’s warranty
for any direct and/or indirect damage in any way caused by the faulty product
shall be limited to an amount that shall not be greater than twice the selling
price charged by the Seller, in relation only to those goods which are faulty.
4.9 In the event that the Purchaser resells the Product to parties who enjoy
safeguards under consumer protection legislation (in Italy, Decree Law no.
206/2005), the Purchaser shall be responsible for the conditions applied,
if different from those stated herein, and shall ensure that the consumer
is able to exercise their rights in accordance with the remedies and terms
established by the said legislation. If there are the grounds for the Purchaser
to exercise the right of recourse and/or to make a claim against the Seller/
manufacturer, the said action shall be subject to the exemptions and limits
contained in points 4.1 and 4.8 herein.
4.10 Before handling the Products, the Purchaser shall check the packaging
for damage and verify its strength. For specific types of packaging (for
example, “Packaging for one or more slabs”, such as the “AC Pack” or
“EasyPack”) the Purchaser shall comply strictly with the instructions and
precautions for handling and use marked on the said packaging and provided
on the website at https://lc.cx/dzweIC. The Seller does not accept any
liability arising from failure to comply with the instructions and/or warnings,
or for nonconforming use.
4.11. “Packaging for one or more slabs”, such as the “AC Pack” or “EasyPack”,
must only be used for the Seller’s Products.
4.12 Products must be used and handled in accordance with the Seller’s
instructions and all applicable regulations, especially those regarding safety.
Technical Specifications
EDITION 4, ISSUED 02/01/2025
Using and/or processing and/or handling the Products without due care
and/or incorrectly and/or without adopting the necessary precautions may
cause serious personal injury and/or damage to property.
5. PAYMENTS
5.1. The Purchaser shall not suspend or delay payment for the material of
which it has taken delivery for any reason, including claimed faults or defects
in the material, except naturally for the right to request sums it can show that
it has paid unduly.
5.2 For all legal intents and purposes the payment shall only be made to the
Seller’s registered office, except with specific written authorisation.
5.3 Sums due to the Seller shall not be written off against claimed credits
which are not agreed to and/or specifically recognised in writing.
6. CONTRACT LANGUAGE, APPLICABLE LAW, JURISDICTION
AND AUTHORITY
6.1. The Contract and these Conditions are drafted in Italian, and in
case of discrepancies with translations into other languages the Italian
text shall prevail. The Italian text is available at the following link:
https://www.atlasconcorde.com/it/condizioni-generali-di-vendita.
6.2. Any disputes relating in any way to the supply of products shall be
subject to Italian law and the jurisdiction of the Italian State.
6.3. The Law Court of Modena shall have sole territorial authority for the
settlement of any dispute relating in any way to the supply of products, with
all others excluded.
FR-DE-ES-RU
414
415
INDEX
PRODUCT
FINDER
SURFACE
RANGE
COMPANY
COLLECTIONS
LARGE SIZES
SLABS FOR
COUNTERTOPS
& FURNITURE
BATHROOM
FURNITURE
& TABLES
FACADES
TECHNICAL
SPECIFICATIONS
