These Terms and Conditions, which are available at www.isolmant.it, define the relationship between the Customer and Tecnasfalti Srl for the supply of the products pursuant to the Scope of Supply. The same terms and conditions rule the Contract between the parties together with the Letter of Intent (LOI).
The Customer requires the supply by submitting the Proposal which shall be dated, completed and signed by Tecnasfalti Srl's sales representative or the aforementioned Proposal shall be sent by registered mail, if necessary anticipated by simple e-mail.
1.2 The Proposal shall be considered as a Letter of Intent by the Customer for whom the LOI is binding.
1.3 Tecnasfalti Srl reserves the right to accept the aforementioned Proposal. Tecnasfalti Srl and the Customer shall enter into Contract only upon written confirmation of the aforementioned Proposal or after fulfilling the scope of supply by Tecnasfalti Srl.
1.4 Any additions or amendments subsequently made to the Proposal even through Tecnasfalti Srl,'s sales representative will not be binding for Tecnasfalti Srl, which can accept or reject them without prejudice to the original Proposal.
1.5 As provided in the Letter of Intent submitted by Tecnasfalti Srl cancels any agreements or negotiations that are not contained in the LOI itself.
2. SCOPE OF SUPPLY
2.1 The supply includes only what is indicated in the Proposal or in the LOI.
2.2 Tecnasfalti Srl reserves the right to make changes to those products that may be necessary, without prior notice to the Customer.
2.3 Any characteristics and/or the technical features and data sheets that are in the catalogue, as well as any other document which refers to the products are intended for information only and not binding on Tecnasfalti Srl.
3. THE PRODUCTS CHARACTERISTICS
3.1 For the intrinsic characteristic, some of which are made of fibres, the thickness of such products could be different from the one declared in the technical data sheets and that of the product supplied. The same could occur to the overlapping flaps. This minimum deviation can be the result of many variables some of which are due to the stage of packing, transport, unloading and storage.
3.2 The measurements taken at the origin by the company's QA department guarantee the control of tolerances.
3.3 All polyethylene, polyester, polypropylene, rubber and gypsum plasterboard products purchased by the client must be stored by the client in suitable rooms and must not be stored in places with prolonged exposure to UV light (as indicated on the packaging).
4.1 The prices indicated on the Proposal shall be considered as ex works, VAT excluded as any other tax or duty.
4.2 Tecnasfalti S.r.l. reserves the right to vary at any time the prices indicated in the Proposal by providing the Customer with reasonable notice. This notice means price lists or any documentation regarding the products.
4.3 In case these modifications of prices are not accepted by the Customer, the latter must send to Tecnasfalti Srl written notice within a reasonable period of time. Each party may terminate the Contract and the Customer shall, at its own expense, return any products already supplied. The Customer shall also indemnify Tecnasfalti Srl for all costs and expenses incurred to fulfil this Contract or the Proposal.
5. SHIPPING AND DELIVERY
5.1 As indicated in the Proposal with “carriage paid to” (CPT), the Customer authorises Tecnasfalti S.r.l. to make a Contract in the name and on behalf of the Customer itself to carry out the transportation of the goods.
5.2 In no event Tecnasfalti S.r.l. shall be considered responsible for what concerns packaging, transportation (including late delivery), loading/unloading of the goods transported or in any way for the carrier's operation that is a third party different from Tecnasfalti Srl
5.3 The carrier is not required to unload the products shipped and Tecnasfalti Srl is not liable for any damage or disruptions caused during unloading by the carrier.
5.4 The products are shipped at the Customer's risk, even in the case in which, at the request of the carrier, Tecnasfalti S.r.l. is required to issue declarations of guarantee.
5.5 Notwithstanding the aforementioned provisions do not constitute any addition to the price specified in Article 4 of these General Terms and Conditions or amount for delivery as CPT.
5.6 The dates of delivery of the products ordered are mandatory and fundamental. If the Customer fails to collect the products to the place and the date stated, Tecnasfalti Srl is authorized to issue an invoice to cover the products stored and/or transported, is entitled to have its price, as well as the increased costs incurred as a result of delayed and/or non-collection.
6.1 The products are always provided "ex works" at Tecnasfalti Srl's premise, located in Carpiano (20080-MI), loc. Francolino, Via dell'Industria 12, unless it is requested to be shipped to " carriage paid ", which must result from a specific written agreement between the parties.
6.2 The Customer acknowledges that Tecnasfalti Srl will not be in charge of recollecting any surplus products, also by means of third party companies.
6.3 In the event of a return request for excess products and unless otherwise authorised in writing by the sales managers of Tecnasfalti Srl an excess of 15% of the value may be applied and the return costs charged.
6.4 Any shipment that is carried out for products which are subject to claims or replacement procedures, shall be done, prior to Tecnasfalti Srl's authorisation, at the expense of the Customers as ex works at Tecnasfalti Srl in Carpiano (20080-MI), loc. Francolino, Via dell'Industria 12. Otherwise Tecnasfalti Srl can refuse the recollection and be exempted from any costs, expenses and / or responsibilities.
7. TERMS AND CONDITIONS
7.1 Tecnasfalti Srl cannot be held responsible for the deviation from the agreed tolerance of the products as specified in Article 3.
7.2 Tecnasfalti Srl cannot be held responsible and does not issue any warranty for defects and non conformities resulting from inadequate or improper use of the products or related to products that are already used or placed in work.
7.3 Tecnasfalti Srl cannot be held responsible for the intended use, which is Customer's responsibility. The Customer shall be responsible for the use of the products according to the regulations in force and pursuant to the proper intended use of the product itself.
7.4 Tecnasfalti Srl does not assume any responsibility about installation of the products, even if carried out by personnel suggested or recommended by Tecnasfalti Srl.
7.5 The solutions or recommendations proposed by technicians or Tecnasfalti Srl's sales representative shall be considered purely indicative. Suggestions and indications which are at www.isolmant.it, in catalogues, data sheets and any other documents relating to the products, but dictated by the best experience and knowledge, are to be considered purely indicative. The Customer shall establish whether the product is suitable for its intended application. The Customer will be also in charge of all the responsibility for the use of the product itself.
Under penalty of cancellation of the warranty, any claim shall be notified to Tecnasfalti Srl by registered letter with advice of receipt within 8 days from the delivery and/or withdrawal of the products covered by purchase order. After this term without any complaints received, the products shall be deemed received and accepted. Under penalty of cancellation of the warranty, the Customer agrees to keep the products available to Tecnasfalti Srl for at least thirty days after the receipt of the complaint by the latter. In any case, Tecnasfalti Srl 's warranty is based and limited to replacement of the same products that have been defined defective. Tecnasfalti Srl cannot accept claims related to products already in use or placed in work.
9.1 The price of the products will have to be paid by the Customer to Tecnasfalti Srl in the manner and within the terms established in the Proposal.
9.2 The payments submitted to Tecnasfalti Srl 's sales representatives will not release the Customer from its responsibilities without prior written authorization of Tecnasfalti Srl
9.3 Failure to observe the terms of payment ‒ or even one of them in case of payment by instalments ‒ automatically determines, without further notice, the formal notice of application of default interest at the rate on the amounts outstanding set out by the D. lgs. 231/2002.
9.4 In breach of the terms of payment ‒ or even one of them in case of payment by instalments‒ Tecnasfalti Srl is in charge of suspending the supply of products, even in case of different and further contracts with the same Customer.
9.5 If Tecnasfalti Srl becomes aware of insolvencies to third parties by the Customer and the latter does not provide guarantees of payment that could be considered appropriate at the sole discretion of Tecnasfalti Srl, the latter may refuse or cease to provide, change the terms of payment, also requesting the immediate payment in full of the batch already delivered or the advance payment for the batch which is still to be delivered, without any claim of compensation for damages by the Customer.
10. LEGAL FEES
Any outstanding amount regarding the Customer authorises Tecnasfalti Srl to instruct a lawyer to recover the amount. Once the mandate to the lawyer has been conferred, the Customer shall pay Tecnasfalti S.r.l., in addition to the amount due to cover the outstanding amount, the interest and the legal expenses, without prejudice to compensation for further expenses and damages.
Prejudice to any other cases of termination provided for in the General Conditions or pursuant to the law, Tecnasfalti Srl can terminate the Contract if the Customer is subject to bankruptcy or other insolvency proceedings.
12. SOLVE ET REPETE
12.1 Any complaints about the products or, in general, about the execution of this Contract shall not entitle the Customer to delay, suspend or refuse to pay the price in accordance with art. 9.
12.2 For no reason the Customer may promote legal action under this Contract against Tecnasfalti Srl if before fulfilling the payment of the price.
13. VOLUNTARY ASSIGNMENT
As of now the Customer accepts, pursuant to art. 1264 c. c., the possible voluntary assignment by Tecnasfalti Srl of the amount under the Contract relieving Tecnasfalti Srl from any written notification different from the notification that the above assignment took place.
14.1 For any disputes concerning the validity, effectiveness, interpretation, execution of the Proposal, the Letter of Intent and/or the Contract between Tecnasfalti Srl and the Customer will be referred exclusively to the Court of Milan, with the exclusion of any other court.
14.2 The jurisdiction of the Court of Milan cannot be derogated even in case the Customer after action carried out by a third party against the Customer adopted measures of guarantee, indemnity or recourse to Tecnasfalti S.r.l.
15.1 Any notifications relating to the Contract shall be written and submitted to the address of the office of Tecnasfalti Srl and that of the Customer which are indicated in the Proposal and those that might subsequently have been notified by written notice.
15.2 Where specific communication procedures are expressly provided for by these General Terms and Conditions, such procedures are binding and mandatory.
16.1 Notwithstanding the provisions of these General Terms and Conditions, any additions or amendments and/or supplements to the Contract must be made in written form and by both parties.
The Customer undertakes to do all what is necessary to allow Tecnasfalti Srl to properly fulfil to the obligations under the Contract.
16.3 Tecnasfalti S.r.l. reserves the right to use for advertising and / or for information the products as they will result after the installation to complete construction and the Customer hereby authorizes Tecnasfalti Srl or other persons appointed by Tecnasfalti Srl to access the site and to collect photographic or video documentation of the above products
16.4 The personal data provided by the Customer to carry out the Contract's provisions shall be processed by Tecnasfalti Srl in accordance with local regulations concerning confidentiality. The Customer declares to have received the information pursuant to Art. 13, Legislative Decree. 196/2003, which can also be found and consulted on the website www.isolmant.it and to consent to the processing of data for the purposes set out therein.
16.5 The Contract, even when entered into by foreign parties and for products supplied abroad, is governed by Italian law, with the Court of Milan having exclusive jurisdiction.
16.6 All applicable taxes or stamp duty, as well as any other tax burden in general, present and future, remain entirely the responsibility of the Customer.
17. FURTHER ORDERS
Any Proposal, Letter of Intent and Contract between Tecnasfalti Srl and the Customer is ruled by these Terms and Conditions, also where it gives rise to successive supplies without need for repetition or reference.
Released in March 2021