The contents of this site are protected by copyright laws, royalty laws and by the provisions of international treaties. All brands are the property of the producer and are protected by copyright laws.
CARRARA S.p.A. is committed to protecting the privacy of personal information of its users and all those who leave their information with the company, in respect of the regulations imposed by Legislative Decree No. 196 of 30 June, 2003 (Code on the protection of personal information and data).
CARRARA S.p.A. is responsible for the treatment of personal data and information. Site users can exercise their rights according to art. 7 (access, correction, deletion, refuse the treatment of data, etc.), addressing all such claims directly to CARRARA S.p.A. – 25030 Adro (Brescia) Italy – via Provinciale, 1/E – Tel. +39 030 7451121 – Fax +39 030 7453238.
Collection and use of data
The collection, registration and use of personal information conducted within this site is done according to law, pursuant to article 13 of Law Decree 196/2003, included on the data insertion form. In consideration of the nature of its activities, CARRARA S.p.A. collects the necessary information for the fulfilment of the obligations derived from a contract for the execution of pre-contractual measures. The data collected through the form may also be used for promotional purposes, but only upon the user’s consent. CARRARA S.p.A. does not use hidden automated information collection systems on its website. The pages dedicated to data collection indicate any information that is required by law, or mandatory for the specific service requested as well as optional information.
Sharing and Communication of personal information
Information collected by CARRARA S.p.A. can be transferred or communicated to subsidiaries or companies strictly connected for the execution of activities and operations, or for use by recipients responsible for their own treatment of said information. Outside of these cases the data are not communicated, not given to anyone, except by contractual provision or authorization by the interested parties.
GENERAL TERMS AND CONDITIONS OF SALE
- Applications of the General terms and conditions of sale – Both verbal and written offers are not binding on CARRARA S.p.A.. Orders that are received by the same and any concluded agreements with commercial employees and/or sales agents are understood to be accepted, formalised and therefore effective in accordance with the law, only if expressly confirmed in writing by the legal representative of the CARRARA S.p.A., or by persons with powers of ordinary and extraordinary administration and representation of the company towards third parties. However, CARRARA S.p.A. reserves the right to: a) restate the offer which was originally based on theoretical data; b) vary the offer if the cost of raw material and/or the exchange rate change compared to those considered to issue the offer; c) vary the price list at any time by notifying the customer in writing; d) not to accept orders.
- Prices – The provision shall apply the prices in force at the time of delivery and/or shipment of the goods, and always expressly confirmed in writing by CARRARA S.p.A.. Unless otherwise agreed, prices are always relevant to goods delivered ex-works CARRARA S.p.A., with packing at purchaser’s expenses.
- Packaging – In the absence of specific requirements and/or agreements, the choice of packaging is made by CARRARA S.p.A., in accordance with the professional rules of common experience, and in the manner deemed most appropriate to ensure the integrity of the product. The packaging will be invoiced at the price defined by CARRARA S.p.A., regardless of whether rendered by the Purchaser.
- Testing – The material is regularly checked and tested at CARRARA S.p.A. before shipping, therefore if further joint testing is requested, the same must be done at CARRARA S.p.A. depots, with fees and costs to be reimbursed by the Purchaser, as well as if testing were to be agreed upon elsewhere.
- Transport – The goods supplied are shipped at the Purchaser’s own risk and/or peril although for specific arrangements should be sold free of carriage. The shipment method, unless otherwise agreed, will be decided by CARRARA S.p.A., but without assuming any responsibility in this regard.
- Deliveries – CARRARA S.p.A. strives to meet the needs of customers, but the delivery dates confirmed in writing are indicative and not binding for CARRARA S.p.A., which is therefore not required to pay indemnity for any direct or indirect damage due to delivery delays, and/or interruptions and/or partial and/or total resolutions of delivery. Where the purchaser intends to make peremptory the terms of delivery, these must agree in advance with CARRARA S.p.A. and must be clearly indicated in the order confirmation. The goods supplied are sold with retention of title until full payment is received.
- Payments – Unless otherwise agreed, contractual payment shall be met upon receipt of the goods ready notice or upon delivery of the goods, by payment in cash and/or other equivalent means of payment, at the administrative office of CARRARA S.p.A.. From the day following the payment due date interest for late payment will automatically be applied, pursuant to Legislative Decree no. 231/02 and, consequently, the purchaser shall be obliged to pay the default interest rate to CARRARA S.p.A., equal to the official reference rate in force at the time of default, plus 3 (three) percentage points. A similar payment charge of default interest will be charged to the Purchaser in case of late payment due to delay in delivery, damage and/or partial and/or total loss occurring during transport as well as in any other case of non-withdrawal by the Purchaser of the goods ready for delivery at the warehouses of CARRARA S.p.A.
- Express termination clause – In case of failure and/or delay in payment, the parties agree to, in accordance with Art. 1456 of the Italian civil code, the termination of this contract and the loss of the benefit of the term. In particular, the CARRARA S.p.A. shall have the right to suspend the provision of the order in the following cases: a) non-payment (or risk of non-payment) by the Purchaser at a due date; b) failure to respect even one of the conditions laid down for the supply; c) variations of any kind in the name and/or business name of the Purchaser, in the social composition and/or commercial capacity and/or any other event deemed prejudicial by Carrara S.p.a.; d) changes in market conditions and/or events likely to affect the normal course of business of the seller. The provision may be suspended until the settlement of the invoice. The provision times will be automatically extended for a period equal to the delay of payment by the customer; payment will be increased by the costs incurred by CARRARA S.p.A., as a result of the suspension and of interest on arrears. Failure to pay the amounts due within the agreed time and failure to collect and/or acceptance of products sold, will result in, without any requirement of advance notice or formal obligation, the resolution of the order, subject to imposition, in accordance with the terms provided by law, the provision of the order. In addition, all refunds, discounts or other special benefits that have not been applied and paid prior to such termination shall remain legally acquired by CARRARA S.p.A., if necessary also retrospectively, as contractual indemnities or penalties.
- Right of withdrawal – No order issued by the Purchaser may be cancelled totally and/or partially by the same, without first having notified in writing CARRARA S.p.A., which will charge with the same payment terms mentioned in the offer of sale, costs incurred up to that time, and reserves the right to invoice all the goods produced.
- Resolution of the sale – In case of failure to respect even one of the conditions laid down for the supply and where there are any variations of any kind in the name and/or business name of the Purchaser, in the social composition and/or commercial capacity and/or any other event deemed prejudicial by CARRARA S.p.A., the same will be entitled to suspend the orders in progress, or require guarantees for their implementation. Obligations of CARRARA S.p.A. will be suspended in circumstances constituting force majeure and, more generally, in the event of a work stoppage, production accident, fire, flood, lockouts in our factories, in those of our suppliers and subcontractors, and import or export problems in case of events beyond our control and which prevent us from respecting our obligations under normal conditions, if there are any changes in market conditions or intervene facts or circumstances likely to affect the normal course of business of the CARRARA S.p.A..
- Warranty – CARRARA S.p.A. pays the maximum attention to the quality and performance of its products, however CARRARA S.p.A. does not participate with the Purchaser to the construction of the project and/or product, selection of metals and/or elastomer materials that make up the product and/or the project, as only the Purchaser is aware of the mechanical condition of the components, the nature of the fluids to be contained and their conditions of temperature and pressure as well as the scope of the application of the seals. In addition, the CARRARA S.p.A. does not participate with the Purchaser to the installation conditions of the products supplied, and previous activities that have been and will be fully borne by the Purchaser. All that said, CARRARA S.p.A. declares that the products are produced in accordance with the information provided by the Purchaser, including any drawings received and using the materials prescribed by Purchaser. On the outcome of the final quality control, the CARRARA S.p.A. will provide appropriate certificate of quality and conformity of the product. CARRARA S.p.A. confirms that the seals supplied can be stored for a period of 24 (twenty-four) months, at the Purchaser’s premises, if stored in their original packaging, in an environment suitable for temperature and humidity and away from direct sources of heat (sunlight included). Notwithstanding the above, no other warranties and/or remedy of any kind apply. In particular, the above warranties exclude all other warranties of any kind, whether statutory, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose or arising from commercial and/or business practices. CARRARA S.p.A. is not liable in cases of fraud, breach of warranty, fraudulent concealment and/or strict liability, for any direct, indirect, consequential damages, including lost profits. The Purchaser undertakes to immediately inform, in writing, CARRARA S.p.A., of any incidental discrepancies: specifying the reasons; the eventual return of non-compliant seals must be previously authorised in writing by CARRARA S.p.A.. In the case of malfunctions and/or breaks in operation, the accurate data concerning the positioning of the product in the system should be given, combined with the fluid in contact with the product. In such cases, documenting the condition of the product and installation conditions through detailed photographs, will be crucial. CARRARA S.p.A reserves the right, at its option, to: a) replace the non-conforming products for defects in materials and/or workmanship; b) to credit to the customer the relative price. CARRARA S.p.A. will not accept any additional costs relating to non-compliance (for example, costs of disassembly, reassembly, withdrawal from the end user, etc.). Response times to non-compliance are proportionate to the nature and the magnitude of the discrepancies that were contested.
- Tolerances – The CARRARA S.p.A. and the Purchaser acknowledge to accept in any case the manufacturing tolerances both on finished products as on individual elements that compose them, to the exclusion of any liability of CARRARA S.p.A..
- Intermediaries – Costs for equipment, moulds, packaging, freight, charges, bank fees, cash discount, rebates, bonuses or any other costs do not generate commissions. Commissions, if agreed in advance, are due only after receiving full payment from the Purchaser.
- Complaints – Any complaints regarding the quality, the species, the type and quantity of the goods supplied must be addressed directly to the CARRARA S.p.A., via registered mail or P.E.C., within 60 (sixty) days from receipt of goods. In case of damaged packages delivered by the carrier and/or shipper, the Purchaser may accept the goods with reserve, informing the CARRARA S.p.A., within 8 (eight) days, via registered mail or P.E.C., reporting on the D.D.T. the following wording: “GOODS ACCEPTED WITH RESERVE”; or has the right to reject the goods received. In any case, the Purchaser hereby declares that any complaints and/or disputes relating to a single part of the goods does not relieve him from the obligation to collect the remaining quantity ordered, resulting in the consequent waiver of the termination of the contract.
- Responsibilities or reserves – These general conditions of sale shall be considered fully accepted by signing the same, consequently the Purchaser pledges to the execution of the contract within the time specified, explicitly renouncing to their different conditions.
- Defective product liability – With regard to possible cases of defective product liability, CARRARA S.p.A. shall be liable under the terms and conditions of their insurance product, particularly CARRARA S.p.A accepts no responsibility and/or cost for replacement of the product, nor for recall actions.
- Equipment – In case specific equipment is required, unless otherwise agreed, the cost will be charged to the Purchaser. The payment of the equipment does not transfer to the Purchaser the right to property, the rights to the design and/or any other right.
- Certificates – Product certifications, specific measurements on samples and/or production, material traceability documentation or other documents not expressly indicated in the offer can be provided to the Purchaser, subject to the charge of its cost;
- Processing of Personal Data – The Purchaser’s personal data will be processed in accordance with the Italian law on privacy (Legislative Decree 196/2003). CARRARA S.p.A. informs the Purchaser that it is the data controller and the Purchaser’s personal data is collected and processed exclusively for the execution of this contract. In accordance with Article 7 of Legislative Decree 196/2003, the Purchaser is entitled to request from CARRARA S.p.A. the updating, correction, deletion and anonymisation of their data.
- Jurisdiction – The parties acknowledge that for every action related to compliance and/or execution (including the actions concerning the levying of fees) to the said provision will be exclusively settled by the Court of Brescia.
The parties, in accordance with and for the purposes of Art. 1341 of the Italian Civil Code, declare to expressly and specifically approve the conditions laid down in Articles. 1,7,8,9,10,13,14,15,18,19.