1. General clause

Orders will be accepted and processed exclusively under the conditions below which prevail over any other condition. Changes or conditions other than those listed below will be valid only if recognized by us in writing on a contract signed by the legal representative. Verbal or written declarations of our collaborators, even by e-mail, will have no legal value unless signed by the legal representative.

2. Orders

Orders become operational only following our acceptance by sending order confirmation or after shipment. Orders must contain exactly the references of the materials chosen (or technically equivalent in all the technical characteristics) and must be filled in clearly and legibly in every part; failing to do so, delivery errors cannot be attributed to "BetonWood Srl".

3. Prices - Payment conditions - Penalty

Prices: Our offers indicate gross prices, taxes and duties not included, and are always intended as Ex Works. Possible typing errors cannot be binding for transport costs clearly not calculated and not indicated in offers and invoices. The lack of any validity period of the offers indicates that their natural expiry is thirty calendar days from the date of issue. The offers and invoices are not binding for Betonwood even in the event of payment of the amounts, the company reserves the right to fully refund the amounts paid (also proportionately for partial deliveries) and not to proceed with delivery for any problems both of procurement of raw materials, and of difficulties incurred of any kind, and in case of return of the money received does not recognize expenses or penalties to the customer for failure or partial delivery. In the event of price differences, only our written communications in order confirmations will prevail.

Payment conditions: the goods must be paid in advance or within the terms and in the manner established in the order. Payment delay and penalties. The delay in payment of even a single invoice will result in the forfeiture of the benefit of the payment term for the buyer, making all the invoices issued and the orders accepted payable. In the event of overdue invoices, the legal interests pursuant to Legislative Decree n. 231 of 2002 without the need for formal notice. Furthermore, in the event of late payment, if we were to contact an agent to demand payment of our credits or to exercise the claim and / or restitution action, you will recognize us as a penalty pursuant to art. 1382 C.C. an amount equal to 15% of the total sums due, except for the greater damage. This sum may be offset in whole or in part with any advances paid by the buyer. In any case, "BetonWood Srl" reserves the right to suspend supplies not yet executed until payment has been made, except for the right to request the termination of the contract.

Penalty: No penalties will be recognized unless in contracts regularly recognized by both parties and signed by the respective legal representatives. Penalties for late deliveries will not be recognized except on contracts where they are expressly quantified either as a percentage of the order amounts or in working days on the last date specified in the contract.

4. Delivery and transport

The fixed-term delivery dates, without prejudice to force majeure or fortuitous events, are binding only if specifically approved in writing by "BetonWood Srl". No compensation for any damage due to delay in delivery may be claimed by the buyer if he does not prove that the delay is attributable to an error by "BetonWood Srl". For all goods destined to be delivered to your home the order must contain the exact address reachable with the street number on the paved road with the possibility of circulation for vehicles with a capacity of 24,000 kg and 15 meters long. Deliveries will be carried out in places continuously supervised by the customer, any redelivery costs could be charged to customers with amounts equal to or equal to 50% of the cost of transport documented by the courier or transporter charge, otherwise the days in which delivery will be possible. On such days the buyer undertakes to ensure on-site the presence of a person authorized to sign the Transport Document (D.D.T.). All vehicle unloading operations are the responsibility of the purchaser, who will take care of them at his own expense and responsibility. It will also be the customer's responsibility to inform us if the place of delivery is accessible to vehicles, with a capacity of 25 tons. In the event that the seller makes available to the buyer material, and / or specific equipment, the use of the aforementioned is intended to be done at the sole risk of the purchaser. Under no circumstances can the purchaser be held responsible in any way for the loading and unloading operations.

Unloading of vehicles: the customer will make available suitable mechanical lifting equipment of adequate capacity for unloading the materials mechanically and in total safety, any accidents will be attributable to him including damage to the goods being unloaded.

Maximum machine stop times: Waiting at unloading places (for truckers and trucks) may be up to 30 minutes, excluding lunch breaks. Any charges for machine downtime sent to us by the transport companies will be re-invoiced in full without any exclusion.

Difficulty of access: Limited traffic areas, unreachable areas etc. roads that are not suitable for vehicles or carriageways that are not suitable for the circulation of articulated lorries that have not been communicated beforehand in order to give rise to higher transport costs will be rebilled to you within the limits of 50% of the redelivery cost charged to us by the courier.

The availability of the goods does not authorize you to come at any time to withdraw it, as it must be approved.
The goods must be prepared with 24 hours notice.
Vehicles with platforms occupied by other materials or with material to be moved to load the goods are not accepted.
We do not accept requests for reimbursement of expenses for non-withdrawals by means sent by customers.

Customers are advised that, if they intend to load the material directly from the ModenaTerminal depot in Campogalliano (MO), they could meet expectations of even more than 2 hours, since, being a deposit from 50 to 60 trucks per day , there is the possibility of finding a line.
Furthermore, we want to warn you that the loading times will be extended further, starting from 12:00 to 14:00 for the staff lunch break.

Customers are advised that in order to load the material directly from other deposits and/or BetonWood plants, the technical times for the operation will take about 1 hour.

5. Transport

In the event that "BetonWood Srl" carry out the transport by transporter on behalf of third parties, it is expressly established that the unloading and all related operations will be borne by the buyer. Vehicles must be downloaded within half of their arrival, each additional hour will be invoiced. The statements of the hauler will prevail.

6. Receipt of the goods - Complaints

If the sale is concluded ex-works the goods travel at the risk of the buyer, the latter will deal with any appeals against the carrier for damage or loss caused by the transport itself. The buyer undertakes to receive the goods and to ensure that a person responsible is present at the time of unloading for the necessary checks and the signatures of the transport documents. If the buyer refuses the acceptance of a delivery for reasons not attributable to the seller, "BetonWood Srl" is authorized to demand payment of the goods produced and may charge the customer any storage costs in the warehouse for an amount equal to 2%; monthly calculated on the net amount of the goods. Any reservation regarding the quality and quantity of the goods must be noted on the transport documents or communicated in writing within 8 days of delivery.

7. Conformity of Goods

The company "BetonWood Srl" reserves the right in the event of unavailability of the products marked with their own logo to deliver perfectly equivalent material, even with different logos and brands, especially in the case of delivery of materials with foreign manufacture that can be received without adequate packaging customization.

The material must however correspond 100% to the technical characteristics of the BetonWood product cards sold.

Possible trademark and reservation discrepancies, as well as possible damages deriving from transport must be expressed in writing and affixed to the transport documents.

Without prejudice to the right of recession as per the Civil Code, which can always be exercised in accordance with the law, with the clause of returning the whole material, in its original packaging, and logically not yet installed, the costs of transport and handling will be totally buyer's charge.

8. Legal status

"BetonWood Srl" does not undertake in any way to provide work services. No retention guarantee can be applied to the amount of invoices issued by the Company.

9. Reserved Domain

The seller retains the ownership of the goods sold until full payment of the price, while the buyer assumes all the risks deriving from the loss or deterioration of the goods and the damages that these could cause from delivery. In the event of termination of the contract due to default by the buyer, the installments paid will be acquired by the Company as compensation, subject to greater damage. The costs of returning goods are borne by the buyer and include: management, transport, taxes, legal and insurance costs.

10. Warranty

The warnings, plans, drawings and other information given by the seller regarding the installation of the sold materials have the sole purpose of providing technical information. In no case will the seller be considered responsible for the installation of the sold materials that it is up to the buyer.

11. Jurisdiction

For any dispute arising from this contract, as well as from its interpretation and execution, the Court of Florence will be exclusively competent.