This is a courtesy translation of the Italian original. In the event of any discrepancy, the Italian version shall prevail.

These general terms and conditions govern all present and future contracts between the parties, save for any derogations agreed in writing.

The buyer’s general terms and conditions shall not apply to future dealings between the parties unless expressly accepted in writing by Mario Bongio S.r.l.

1. Application of the contract

The submission of an order by the buyer to the seller entails the application of these general terms and conditions to the contract of sale. The seller reserves the right to accept or reject the order received.

Offers made to the buyer by the seller’s agents, representatives and commercial intermediaries are not binding until they are confirmed by the seller’s head office.

2. Prices

The prices stated in the Mario Bongio S.r.l. price lists are in EURO and are exclusive of transport costs, insurance and VAT. The rate in force at the time of invoicing shall be applied to the prices. The seller reserves the right to amend prices and/or change the price list without notice.

3. Delivery of the goods

Unless otherwise agreed, products are supplied Ex Works the seller’s premises: transport and insurance are therefore borne by the buyer, and the risks relating to the transport of the supply pass to the buyer at the moment the products leave the seller’s plant. Should the seller act as the buyer’s agent, transport shall be carried out at the buyer’s risk.

4. Delivery times

The delivery times stated on order confirmations are not mandatory and/or binding and may under no circumstances justify delays in payment or give rise to compensation for damages and/or disputes.

Any liability of the seller for damages arising from early, delayed or failed delivery, whether total or partial, is excluded. The buyer is at all times obliged to take delivery of the products, including in the case of partial deliveries and where the products are delivered before or after the agreed delivery date. The delivery deadline shall be extended by a period equal to the duration of the impediment should events of force majeure occur. Under no circumstances may the buyer claim compensation or indemnities of any kind as a result of such circumstances.

5. Warranty

The seller warrants the conformity of the products supplied. ‘Conformity of the products’ means that they correspond in quality, quantity and type to what is set out in the contract and that they are free from defects that could render them unfit for their intended use. The warranty is limited to defects in the products arising from faults in design, production, material or manufacture attributable to the seller, and does not apply where the buyer has failed to store, maintain or install the products correctly and/or has modified them without the seller’s consent. The seller is not liable for defects due to the wear of those parts which, by their nature, are subject to rapid and continuous wear. For any further details, please refer to the Mario Bongio S.r.l. general warranty booklet, available for download at www.bongio.com

6. Claims

The buyer must verify the conformity of the products and the absence of defects within 8 days of the date of receipt of the goods. Claims relating to non-conformity of the products supplied must therefore be made, on penalty of forfeiture, no later than 8 days from receipt of the goods. All claims must be sent to the seller in writing, by e-mail, and must set out in detail the defects and non-conformities complained of. Where a claim is made within the terms and in the manner set out above, the goods must be kept entirely available to the seller for such checks as it deems appropriate.

7. Remedies

In the case of non-conforming products, and after receiving a detailed report from the buyer, the seller may, at its sole discretion:

• a) supply the buyer free of charge, Ex Works, with products of the same type and quantity as those found to be defective or not conforming to what was agreed, after having obtained their return for verification. Any replacement promptly carried out by the seller may not be deemed an implicit acknowledgement of the defects complained of. Should the seller, upon verification, not find the products defective, it shall invoice those sent as replacements;
• b) issue a credit note in the buyer’s favour for an amount corresponding to the value of the defective products.

In both cases the seller is entitled to the return of the defective products, which become its property.

8. Returns

Returns of goods by the buyer must in all cases be authorised in writing by our head office. Returns authorised in advance must reach the seller free of charge at the San Maurizio d’Opaglio warehouse, in good order and in their original packaging. The credit note for returned goods will be issued once they have been taken in by our warehouse and checked. Damage to products and packaging will be deducted from that credit note.

9. Payment

Payments and any other sum due to the seller on any account are understood to be net at the seller’s domicile.

Payments must be made within the agreed terms even in the event of delay in delivery, or of total / partial loss of the goods not attributable to the seller. Any delay or irregularity in payment entitles the seller to suspend subsequent and/or future supplies and to terminate any contracts in progress, including those not directly related to the payments in question, as well as to compensation for any damages.

The seller is also entitled, as from the payment due date, to default interest at the rate established in Italy by Article 5 of Legislative Decree No. 231 of 9 October 2002, and to exclude the product warranty. The customer is not entitled to make deductions by way of set-off against payments, even where disputes are pending, and/or to delay any other payment due.

10. Retention of title

The products delivered remain the property of the seller until the price has been paid in full.

11. Applicable law and jurisdiction

All contracts governed by these general terms and conditions are subject to Italian law. The Court of Novara shall have exclusive jurisdiction over any dispute relating to or otherwise connected with contracts to which these general terms and conditions apply.

12. Printed and digital catalogues, website

Product illustrations are a representation of each item but do not constitute an undertaking of faithful reproduction. In particular, the indication of colour shades/finishes in photographs, catalogues and/or any samples must be regarded as purely indicative and, therefore, any colour differences may not be reported as a defect, since they do not alter the essential qualities of the product. The company reserves the right to make both technical and aesthetic modifications without notice, as well as to discontinue individual items or entire ranges.

13. Acceptance of the terms and conditions

The submission of the order by the customer is deemed to constitute acceptance of these terms and conditions of sale.

14. Force majeure

The Seller is entitled to suspend or delay its obligations where, by way of example only and without limitation, any of the following events of force majeure occurs:

• delivery delays on the part of the supplier;
• delays due to logistics;
• price fluctuations;
• strikes;
• lockdowns;
• epidemics;
• pandemics;
• wars;
• riots;
• civil unrest;
• government seizures;
• fires;
• earthquakes;
• floods or other catastrophic events.

Should the event of force majeure continue for more than 3 months, the seller shall be entitled to terminate the contract.

This catalogue and these terms and conditions of sale cancel and replace all previous communications. The information contained herein may be subject to change without notice.