GENERAL CONDITIONS OF SALE AND SUPPLY FOR FOREIGN COUNTRIES
1. Minimum invoice amount
€ 250.– global unless an agreement is reached and confirmed to other effect.
Net, in Euro (€) per meter/piece/unit, unless an agreement is reached and confirmed to other effect.
3. No Return accepted
Bloxer will not accept any return of supplied goods.
FCA Villafranca Padovana (Incoterms 2010) without V.A.T. and customs duty, unless an agreement is reached and confirmed to another effect.
5. Terms of delivery
The delivery dates quoted by us are observed as far as possible. This applies to the delivery ex-works, without assurance for the duration of transportation. Indemnity claims put for delayed delivery cannot be recognized.
We can accept no liability for accidents in connection with straps, ropes or wire bonds.
6. Prevention of delivery; production stoppages
Production stoppages of all kinds (including force majeure) shall exempt us from our accepted obligations for the duration and scope of the relevant events and their secondary effects. Failure of our subcontractors to supply raw materials shall justify delays, and can exempt us from our delivery obligations. Claims for damages shall not be considered.
All consignments shall been dispatch at the customer’s risk. We can accept no liability for damage incurred during the transit. Any such damage must been report immediately to the responsible transport company.
The conditions of supply laid down in our price lists are a part of these General Conditions of Sale and Supply.
8. Terms of payment
Unless an agreement is reached and confirmed to other effect, payment shall be due 100 % advanced or 30 days net with a bank guarantee. Payments received later than the date stated in the confirmed conditions can be subjected to arrears interest. The prices stated refer to Euro, excl. V.A.T., unless another currency is expressly mentioned in the order confirmation.
10. Customer specifications
All customer specifications not complying with our conditions of sale shall have no binding character unless we issue written confirmation of acceptance and shall then apply solely to the transaction for which they were agreed.
Material which proves unusable due to incorrect properties or to manufacturing deficiencies shall be replaced by us free of charge, provided that it has not been processed. We do not accept costs for dismantling, installation nor carriage. Replaced parts become our property.
No liability is accepted for defects in facades or metal constructions from Bloxer if the defect is due to the usage of articles other than genuine Bloxer articles. If non-genuine structural parts are used, the test certificates and attestations issued by Bloxer for structures assembled in this manner shall be deemed to be invalid. Moreover, Bloxer does not accept any liability for defects due to the installation of components from other manufacturers in the facades or metal structures from Bloxer.
Bloxer guarantee these products for a period of three (3) year following the date of delivery against any defect inherent to manufacturing and raw material. Should there be defects, the company proposes to replace or recondition the defective item. We shall not be held liable for secondary damage, even if we are aware of the application to which the products are to be put. Deficiencies in our consignments must be reported to us within eight (8) days of receipt of goods. If the complaint is justified, we reserve the right to eliminate the deficiency within a reasonable time. The customer shall have no right to annul the contract, nor to claim damages.
The insulating glass is guaranteed for a period of ten (10) years from the date of manufacture against the formation of moisture, film or dust between the panes, due to a lack of airtightness in the spacer (and not to breakage). Such a formation would have to constitute a visual obstruction. This guarantee does not apply to units damaged through improper handling or storage.
The durability of the finish depends on the site weather conditions and adherence to Bloxer maintenance instruction. Bloxer offers a three (3) year finish warranty with the expectation that proper care will significantly extend the life of the product.
The product warranty is excluded in the following cases:
1) Should the product or a product component become defective due to abusive use
2) Improper initial and subsequent operation
3) Improper installation and negligent care and maintenance
4) External influences such as fire, water, salts, alkaline solutions, acids, abnormal environmental influences, force majeure
5) Mechanical damage through improper transport and fitting
6) Unqualified repair and repair by non-qualified persons
7) Using of non-Bloxer parts without the approval of the manufacturer
8) Should the product be damaged accidentally
9) The installation be executed faulty, contrary to company instructions and guideline or performed by unqualified personnel
10) Should the product be subject to excessive thermal or mechanical pressures
The company reserves the right to modify the conception of its products and improve upon them at any time without incurring any obligation to incorporate these modifications or improvements to previously manufactured units. Any verbal or other representations except the provisions of the CISG, which shall apply supplementary to this warranty note, cannot be considered part of this guarantee; Bloxer certifies that the present is the only valid one. Should the client be entitled to compensation under the provisions of the CISG, the liability of Bloxer shall be limited to the purchase price of the sale contract.
We shall not be held liable for secondary damage, even if we are aware of the application to which the products are to be put. Deficiencies in our consignments must be reported to us within eight days of receipt of goods. If the complaint is justified, we reserve the right to eliminate the deficiency within a reasonable time. The customer shall have no right to annul the contract, nor to claim damages.
The data and information on Bloxer products provided by us in all documentation (e.g., quotations, leaflets, brochures, catalogs, drawings) or during technical consultation shall not involve any obligation. We do not accept any liability for this data and information. These voluntary services are free of charge and shall not provide any basis for claims. The services are not the subject of a consultancy contract. The customer must check the technical and data him/herself. In particular, information related to the situation on site from the customer or third parties shall not be checked.
12. Reservation of ownership
All goods supplied by us shall remain our property until the account has been fully paid.
13. Orders Cancellation
The cancellation of an order previously confirmed obliges the customer to pay the full invoice value
The Customer shall use Bloxer trademarks, logos or any distinctive product name at the only intent to identify and promote the purchased products. The Customer will never register directly or indirectly, for Bloxer trademarks logos or any distinctive product name in any country. This clause includes any internet domain registration.
15. Place of fulfillment
Place of fulfillment and jurisdiction for both parties shall be Padua, Italy.
16. Applicable jurisdiction
The submitted conditions of contract shall be in all parts subject to Italian law. In the event of diversion of the statement in the texts translated into other languages. The Italian text shall be binding.
17. Price-list Validity
Price and conditions are subject to adjustment at any time without notice.
Villafranca Padovana, July 15th, 2018
BLOXER RONCHI SRL