General Sales Condition

1) VALIDITY: These general conditions apply to all Società Italiana Lastre sales and shall prevail over any other agreement or understanding between the parties, whether tacit or express, except for those exceptions which shall be agreed to in writing by the parties.

2) ACCEPTANCE: Orders received by SIL are subject to SIL’s acceptance in writing. Subsequent changes to orders must also be accepted by SIL in writing.

3) DELIVERY AND TERMS OF DELIVERY:
Delivery is made EXW. Any delivery dates that may be indicated in the contractual documents are to be considered as indicative only. The order will be fulfilled according to SIL’s capacity. The Buyer undertakes to collect the goods within thirty (30) days from the “goods ready” notice sent by SIL to the Buyer, including by simple e-mail. Once this period has elapsed without collection, SIL reserves the right to issue an invoice for the full amount of the order with immediate payment. The risks, charges, and storage costs of the goods ordered and not collected within thirty days from the “goods ready” notice shall be borne by the Buyer.

4) TITLE AND RISK: Ownership of the goods sold passes to the buyer upon payment of the purchase price. All risks pass to the buyer upon delivery.

5) FORCE MAJEURE: SIL shall not be liable for delays in delivery or for failure to deliver, for damages or losses or for other breaches which are not attributable to SIL or are caused by force majeure.

6) The method of payment required is payment in advance of the order. Payment must be made by bank transfer. Prices refer to goods delivered ex works and include standard packaging. The first prices in force at the time of delivery apply. SIL may change its price list at any time without prior notice. In the event of non-payment, SIL reserves the right to suspend or cancel orders and deliveries to be made to the Buyer for any reason.

7) WARRANTY: The warranty issued BY sil is solely that provided for by the Italian Civil Code.

8) LIMITS OF LIABILITY: Società Italiana Lastre S.r.l. (SIL) declares that the goods delivered are produced in conformity with the European standard EN 12467. SIL guarantees the mechanical properties of the sheets as specified in the technical data sheets, available for download from our website www.sil-lastre.com, defined according to the criteria provided by the EN 12467 standard, taking into account the natural physiological deterioration of the product. It is specified that the warranty does not cover any aesthetic aspects of the product sold. By way of example, it is specified that the occurrence of saline efflorescence/lime deposits and/or color variations due to aging and/or atmospheric agents, as well as possible natural imperfections of fiber cement (e.g. spots, stains, micro-cracks, and lack of adhesion of the paint on the edges), are not considered defects and therefore do not constitute grounds for damages claims against SIL. Furthermore, Società Italiana Lastre is not responsible for the use of the sheets sold to the purchaser. The SIL warranty shall be valid exclusively on the condition that the products are stored, installed, used, and maintained in conformity with the guidelines and instructions provided by SIL, available at the following address: https://sil-lastre.com/download. In the event of claims under the warranty for manufacturing defects, Società Italiana Lastre will replace the defective materials with delivery EXW and at no additional cost.

9) CLAIMS: Any shortage in the merchandise or obvious damage it has sustained, or any other recognizable defect, shall be noted on the receipt of delivery and the claim shall be made in writing within eight days from delivery. Any other claim shall be made in writing within eight days from the discovery of the defect or from the occurrence of the event, on which the claim is based and in any event, not later than 60 days from delivery of the merchandise. Claims which are not made in writing to the Seller or which are made after the terms indicated above have run, shall not be valid.

10) GOVERNING LAW: This Agreement is governed for all purchases by Italian Law.

11) TAXES VAT: and other duties or taxes similar thereto shall be borne by the Purchaser even if levied after the execution of the Agreement.

12) APPLICABLE LAW AND COMPETENT COURT: All disputes arising from the interpretation, performance, or in any way connected with this Agreement shall be governed exclusively by Italian law, and the court of exclusive jurisdiction shall be the Court of Brescia. In accordance with Articles 1341 and 1342 of the Italian Civil Code, the Buyer declares that they have read the General Terms and Conditions of Sale set out above and on the reverse side and that they approve them. The Buyer specifically approves the following articles: Art. 1 (Validity); Art. 3 (Delivery and delivery conditions); Art. 4 (Title and risks); Art. 7 (Warranty); Art. 8 (Limitations of liability); Art. 9 (Claims); Art. 12 (Court of jurisdiction).