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Home » Company » Terms of sales

Terms of sale



1. General

1.1 All contracts for the sale of Cavicel products (the “Cavicel Products”) are regulated by these General Conditions of Sale, which are an integral and essential part of all of Cavicel offers and order confirmations.
1.2 In the case of a discrepancy between the provisions of a contract entered into by Cavicel with a third party for the sale of Cavicel Products and these General Conditions of Sale, the contractual provisions shall prevail.


2. Offers - Acceptance of orders

2.1 All Cavicel offers for supply or sale are understood to be and shall be construed only as invitations to make an offer, and are not binding as to Cavicel.
2.2 All orders must be transmitted to Cavicel in writing and must contain all information necessary to allow the correct identification of the Cavicel Products ordered. Any order transmitted by the buyer, directly or through an agent, may be considered to have been accepted by Cavicel only upon Cavicel’s written confirmation to the buyer.


3. Delivery of the Products

3.1 Except as otherwise agreed in writing by the parties, all deliveries of Cavicel Products shall be made ex works, at Cavicel’s plant located in Pioltello (Milano), and all risks are transferred at the time of delivery to the carrier, including deliveries made free on board.
3.2 The delivery terms indicated in Cavicel’s order confirmation, even though carefully considered, are not binding as to Cavicel, which may subsequently confirm or modify them, according to its own needs. Any delivery delays do not entitle the client to refuse delivery of the Products, or to claim refunds or rebates of any kind.
3.3 Cavicel reserves the right to affect delivery of the Cavicel Products (even if related to a single order) in more than one successive shipment and, for technical reasons, with a quantitative difference of + 3% from that reflected in the order.


4. Prices - Payments

4.1 The prices and payment terms of Cavicel Products are indicated by Cavicel in each order confirmation.
4.2 Cavicel invoices are payable at the head office of Cavicel. The issuance of drafts or of negotiable instruments of any type, even if authorized by Cavicel, does not prejudice the payment terms to head office.
4.3 Payment terms start at invoice date, irrespectively of the actual date of delivery of the relative Cavicel Products.
4.4 Overdue invoices are subject to late interest, calculated under Italian D. Lgs no.231 of 9/10/02 according to EEC directive 2000/35/CE.
4.5 Any payment delays or other irregularities in payment by the buyer will entitle Cavicel to suspend deliveries of Cavicel Products, including deliveries related to other contracts and/or orders then in course of completion. It is understood that Cavicel shall also be entitled to make a claim for damages.
4.6 The Cavicel Products are invoiced based on the quantity indicated on the delivery note. 

5. Guarantee

5.1 The conformity of the Cavicel Products to that indicated in the order is to be determined according to the state and the quality of the Products at the time of transfer of risk.
5.2 Cavicel guarantees the quality of the materials and craftsmanship of the Cavicel Products for a period of 12 (twelve) months after the delivery date, provided that the buyer has fully complied with all common precautions and directions as to the conservation, maintenance, use and testing of the Products.
The buyer, under penalty of forfeiture (a pena di decadenza), must provide written notice to Cavicel of any defects believed to be covered by this guarantee within and not after 8 (eight) days of their discovery.
5.3 In the case of claims based on this guarantee, the buyer shall be entitled only to the substitution of the defective Cavicel Products upon the return to Cavicel of the same, and shall not be entitled to claim any damages and/or indemnities and/or compensation, even at a later date.


6. Materials supplied by customers

Materials received by Cavicel from customers shall remain the exclusive property of the customer. Accordingly, Cavicel assumes no responsibility whatsoever in relation to such materials, which Cavicel shall make use of for the production of the final product at the sole risk of the customer, including as to damages claimed by third parties.


7. Applicable law - Jurisdiction

These General Conditions of Sale are governed by and shall be construed in accordance with Italian law. Any dispute arising from or connected with the same shall be referred to the exclusive jurisdiction and exclusive venue of the Tribunale of Milan, Italy.