1) ORDERS:
An order shall be valid only if it refers to the price list in force at the time the order is placed and is duly signed by the Buyer in full acceptance of these General Terms and Conditions of Sale. The order shall be binding upon the Buyer and may be cancelled only with the prior written consent of Dott. Gallina S.r.l., subject to reimbursement of all costs incurred by the latter. The order shall become effective upon receipt by Dott. Gallina S.r.l. of the Order Confirmation duly signed by the Buyer. All measurements specified in the order shall be deemed to have been checked and verified by the Buyer, who shall assume full responsibility for their accuracy. Likewise, the Buyer shall be responsible for checking and verifying the quality specifications and the prices agreed with the Seller.
2) DELIVERY:
Any delivery date indicated in the Order Confirmation is approximate only and shall not be binding upon Dott. Gallina S.r.l. Any delay in delivery shall not entitle the Buyer to claim compensation, damages, or cancellation of the order. The Buyer may not refuse delivery of the goods until forty-five (45) days have elapsed from the agreed delivery date. After such period, the Buyer may either cancel the order or require delivery of the goods. In either case, the parties expressly agree to waive any claim for damages against each other, to the fullest extent permitted by applicable law. Dott. Gallina S.r.l. shall not be liable for any delay caused by force majeure events, including, without limitation, accidents, machinery breakdowns, strikes, shortages in the supply of raw materials, or other events beyond its reasonable control. Goods that are ready for collection but are not collected within the time agreed upon in the order may be invoiced, and Dott. Gallina S.r.l. reserves the right to charge any storage, handling and related costs incurred.
3) PACKAGING:
Unless otherwise expressly requested by the Buyer, the goods shall be supplied using Dott. Gallina S.r.l.'s standard packaging. Where practicable, but without any obligation on the part of Dott. Gallina S.r.l., the goods shall be strapped onto wooden pallets. Any special packaging or protective materials must be requested in advance and shall be charged separately to the Buyer.
4) TRANSPORT AND ACCEPTANCE OF GOODS:
Goods shall travel at the Buyer’s risk, even when sold carriage paid to destination, and shall in any case be delivered ex-vehicle (kerbside delivery). Any claims relating to quantity discrepancies, missing packages, or visible damage must be raised immediately with the Carrier at the time of delivery and clearly noted on the delivery document. In any event, any claim must be notified and sent by certified email (PEC) or registered letter within eight (8) days from the date of delivery directly to Dott. Gallina S.r.l., including where the order has been placed through an intermediary.
5) PRODUCTS, USE AND WARRANTY:
The Seller reserves the right to make technical and manufacturing changes to its products without prior notice, provided that the essential characteristics of the products are not altered. The products may present dimensional tolerances and aesthetic variations which shall not be deemed defects, in accordance with applicable regulatory standards. The Buyer shall be responsible for product design, compliance with applicable laws and regulations, product use, and proper installation in accordance with the Seller’s recommendations. Any defects must be reported prior to installation or processing; thereafter, no claims shall be accepted.
The warranty shall cover exclusively recognised manufacturing defects and shall be limited to the replacement of the defective goods. Such warranty shall commence on the date of invoicing and shall apply only to products expressly covered, in accordance with the terms and conditions set out in the certificate issued by the Company. The warranty excludes any costs of dismantling, reinstallation, processing, indirect damages, and economic losses. In any event, the Seller’s liability shall be limited to the value of the supplied goods.
6) CUSTOM PRODUCTS, RETURNS AND TITLE:
Products manufactured or processed according to the Buyer’s specific request may not be cancelled or returned. No returns shall be accepted without the Seller’s prior written authorisation. Any credit notes shall be issued exclusively upon receipt of the goods at the Seller’s premises and following inspection thereof, with verification of non-conformity or unsuitability. The goods shall remain the property of the Seller until full payment has been received.
7) TOLERANCE:
Unless otherwise specified in the order, dimensions may vary by ±2 mm/m, with a minimum tolerance of ±5 mm. Product weight is not binding and is provided for guidance purposes only, in order to better assist the Buyer.
8) PAYMENT:
Dott. Gallina S.r.l. shall accept new orders only provided that previous supplies have been duly paid. Payments shall be made in the agreed manner and may not be suspended or delayed for any reason whatsoever, including claims or disputes of any kind. In the event of late payment, in accordance with Legislative Decree 192/2012, interest shall accrue on arrears at the ECB reference rate plus eight (8) percentage points, from the due date until the date of actual payment, together with a fixed compensation of EUR 40 as recovery costs. Only in exceptional cases may the Buyer request a postponement of the contractually agreed and confirmed delivery date, subject to acceptance. In such cases, the Buyer agrees that the goods may be invoiced, and payment shall become due from the date the goods are made available, as well as bearing any storage, custody and other related costs incurred.
9) DISPUTE:
The Court of Turin shall have exclusive jurisdiction over any dispute.
10) TECHNICAL DISCLAIMER:
Any technical and application information contained in the Company’s documentation is provided in good faith and shall not constitute a binding warranty. The Customer shall be responsible for independently verifying the suitability of the product for its intended application.
