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Conditions générales de vente

Art 1. Supply conditions and prices

1.1) The following General Conditions of Sale shall regulate all goods sales contracts entered into with Tutor International Srl, even when orders are taken verbally, on the phone, via fax, e-mail or post.
Our verbal quotes are only given as a rough guideline and are not binding. For execution of the same, only written offers, orders and confirmation are valid.
1.2) These general sales conditions shall regulate all relationships between Tutor International Srl and the Customer when not explicitly superseded by conditions agreed beforehand in writing.
1.3) Unless otherwise agreed upon in writing, our prices shall be understood to mean goods delivered ex-works (our warehouse), with standard packaging where provided for.
1.4) In general, product prices shall be those in force at the time of the order being placed, however sudden cost increases of any nature, in particular of labour and materials, introduction of trade tariffs, transport, exchange rights, exchange rates etc. between order and shipping dates shall give Tutor International Srl tacit right to raise the price accordingly, and we shall notify the customer of this promptly, in order to allow them to withdraw from the order, when applicable. In the case of price variations, the products shall be delivered only after the customer has accepted this variation.

Art.2 Contracts

2.1) Written orders are final. Orders sent to us and accepted and confirmed cannot be cancelled in whole or in part without prior agreement from Tutor International Srl.
2.2) All illustrations in catalogues and brochures, technical specifications, measurements or quantities indicated in the catalogues, website, offers, quotes, proforma invoices and order confirmations are purely approximate in nature. Tutor International Srl reserves the right to make all modifications considered necessary for the technical development of its products without prior notice.
2.3) No order may be cancelled by the Customer without written agreement from Tutor International Srl; in the case of unjustified cancellation by the customer, Tutor International srl reserves the right to request reimbursement for relative costs borne.

Art. 3 Contract acceptance

3.1) Orders require written confirmation from Tutor International Srl; the order shall then become binding and irrevocable.
3.2) Order confirmations or pro-forma invoices shall be binding on the Customer when signed.
3.3) The quantities for any order shall be those given on the order confirmation or pro-forma invoice supplied by Tutor International Srl.
3.4) Offers, quotes and pro-forma invoices from Tutor International Srl are valid and effective for a period of 30 (thirty) days from their issue; if they are not returned signed before this period has elapsed, they shall cease to be valid, except when otherwise specified.

Art. 4 Modifications to sales contracts

4.1) Any agreement or addition to our order confirmation must be received in writing or shall be invalid.
4.2) If acceptance should lead to a change in the order, this modification must be given in writing and accepted by Tutor International Srl; in any case, modifications shall be considered to have been definitively accepted by both parties if disagreement is not issued in writing within five days of receipt of the confirmation.

Art. 5 Packaging

5.1) Unless otherwise requested by the customer, Tutor International Srl will use, at its discretion, the type of packaging it considers more appropriate.
5.2) Standard packaging is indicated in the price list, and this is usually included in the product price; no packaging is provided if it is not indicated in the order confirmation; different packaging shall be charged at cost and returns shall not be accepted.

Art.6 Delivery and terms of delivery

6.1) Shipping of goods is always at the buyer’s risk, even if they are shipped carriage paid.
6.2) Delivery of goods is understood to be completed ex-departure railway station, if transported by rail, or EXW on vehicle at Tutor International Srl’s plant or warehouse if transport is via road.
6.3) If the freight operator designated by the buyer should not accept the goods even due to momentary impossibility or any other reason of their responsibility, the delivery shall be considered made simply due to the fact that it had been offered to the carrier. In this case, following the offer of delivery, the goods shall remain at the buyer’s disposition in the seller’s warehouse, at the buyer’s risk.
6.4) Any delay in delivery of the goods shall not authorise the buyer to delay payments, which shall remain regulated by this contract.
6.5) Tutor International Srl‘s commitment, also as regards delivery terms, shall not apply under unforeseeable circumstances or force majeure which impede fulfillment or delay the punctual execution of said commitment, as well as, although they may not constitute unforeseeable circumstances orforce majeure, mobilisations, requisitioning or blocking of the seller’s materials or industrial products, breakage of their plant equipment and suspension of work due to power outages, fires and floods, hindrance or delay in transports carrying raw or processed materials, delivery delays from our suppliers, raw materials shortages, labour disputes and any other event or difficulty which impacts regular production as well as, lastly, the unexpected occurrence of an excessive burden on Tutor International Srl‘s part with respect to the moment the contract was signed.
6.6) Delivery terms shall run from the date of the order confirmation, unless agreed otherwise.
Whenever the information necessary to carry out the order is not supplied completely, the terms shall run from the day that precise information is received.
6.7) In no case shall delay, excepting willful misconduct or gross negligence, give the customer rights to termination or damages.
6.8) Terms of abroad furniture “INCOTERMS 2010” indicated in our pro-forma invoice.

Art. 7 Claims

7.1) Claims regarding the quantity and quality of the goods must be made via recorded delivery within eight days of goods receipt in order to be valid.
7.2) Tutor International Srl technical assistance department must be notified of claims concerning nonconformity or defectiveness of merchandise within 15 days of discovery of the nonconformity or defect.
7.3) The customer may not bring action or claims against Tutor International Srl unless all due payments have been received.
7.4) Invoices not disputed by recorded delivery within eight days of their receipt shall be considered definitively and wholly accepted.

Art. 8 Conformity inspections

8.1) Tutor International Srl products are tested for conformity by batch sampling of the standard original product before delivery; any further certification, inspection or test requested by the customer shall be entirely at their expense.

Art. 9 Warranties

9.1) Tutor International Srl guarantees its products only if stored and used according to the instructions given in the general technical documentation and the manuals supplied with them, which shall always be considered delivered unless written notification to the contrary is received from the customer within eight days of the product being delivered.
9.2) The guarantee shall have a validity period of 24 months from the date of delivery to the end user and 12 months from delivery to the reseller; in any case, the guarantee shall last no longer than 30 months from the initial invoice date.
9.3) Normal wear is excluded from the guarantee, as well as product faults due to incorrect use, lack of ordinary maintenance or negligence on the user’s part.
9.4) Any damage deriving directly or indirectly from incorrect installation or by third parties, whether voluntary or involuntary, is also excluded.

Art. 10 Returns

10.1) Returns shall not be accepted unless agreed beforehand by Tutor International Srl and authorised in writing by the same.
10.2) Merchandise must be returned carriage paid to the warehouse in Italy specified by Tutor International Srl; all costs and risks shall be borne by the customer. Goods returned freight collect shall not be accepted.

Art. 11 Limitations and responsability for damages

11.1) Tutor International Srl assumes no responsibility for damages deriving from improper use of or accidents when using the products sold. For correct use of our products, customers must always refer to the installation and use instructions supplied with the products and/or published on our website (www.tutorinternational.com).
11.2) The customer agrees they shall not use the materials purchased for purposes other than those for which they are designed and manufactured and that they shall not modify the form, structure or composition of the same, under penalty of the immediate forfeiture of any and all warranties, and request for reimbursement for any damage to the product or company image deriving from this.

Art. 12 Lien agreement

12.1) Merchandise shall remain property of Tutor International Srl and may be reclaimed wherever it is located, pursuant to art. 1523 et seq. of the Italian Civil Code, until the final payment has been made on the goods, including any duties and surcharges and any other payment agreed on.
12.2) During the period defined above, the customer shall assume the obligations and responsibilities of guardian of the supplied goods. Upon return, or following reclamation, Tutor International Srl shall assess the general conditions and state of the merchandise, reserving any and all rights to compensation for any damage.

Art. 13 Payment and payment methods

13.1) Payment, unless otherwise agreed in writing, must be made according to the terms agreed and given on our order confirmation or pro-forma invoice.
13.2) Payments made with incorrect details (company name and address) shall be considered not to have been made. Sending of payments, by whatever means, shall always be at the buyer’s risk.
13.3) Whenever payment should not be made within the agreed terms, Tutor International Srl reserves the right to suspend any supply in progress and/or cancel any confirmed orders.
13.4) Even after acceptance of the contract, and up until the purchaser has taken possession of the material, we reserve the right to request full payment in advance, and if this is not provided, to cancel the contract, whenever we should become aware of any fact or news which places the customer’s solvency in doubt or otherwise justifies such a request.
13.5) Once the final payment term has expired, and payment has not been received in full, late-payment interest shall be applied at the rate provided for in art. 5 of Italian Legislative Decree. of 09/10/2002 no. 238 and with reference to Directive 2000/35/EC of the European Parliament, dated 29 June 2000.
13.6) Advance payments made by the customer shall be considered non-interest bearing advances and do not constitute a deposit; in the case of default by the customer, Tutor International Srl reserves the right to withhold any payments made, without prejudice to any rights to claim further damages.
13.7) The customer shall not make payments with existing credits or debits with Tutor International Srl, unless expressly authorised in writing.

Art. 14 Acceleration clause

14.1) Whenever a payment plan should not be respected even by one agreed installment being missed, the acceleration clause shall apply and Tutor International Srl shall have the right to request payment of the entire remaining unpaid amount by making a request to the relevant authority.

Art. 15 Arbitration clause

15.1) In the case of different interpretations on the performance of the supply contract and disputes concerning faults and/or defects in the goods, with the exception of failure to repay credit, for which Tutor International Srl will seek legal injunction, the parties commit to assigning any disputes to a board of three arbitrators, who will make their decision in accordance with the law and apply the procedural rules of the Italian Civil Procedures Code on arbitration.
15.2) The composition of the Board of Arbitrators and the performance of the procedure will follow the methods laid out by the Reggio Emilia Chamber of Arbitration regulations.
15.3) The place of arbitration shall be Reggio Emilia, Italy.

Art. 16 Jurisdiction and applicable law

16.1) This agreement is made under the provisions of the Italian Civil Code and other Italian laws.
16.2) The Court of Reggio Emilia shall have sole jurisdiction over any legal disputes arising from its application and/or interpretation.

Art. 17 Applicability of the general conditions of sale and novation

17.1) Any departure from the General Conditions of Sale given above which should be agreed upon between the two parties must be made in writing and shall be strictly limited to that specifically agreed on, and shall never imply novation of the remaining general conditions, which shall remain unchanged unless a specific change in their terms has been agreed on.
17.2) The contracting parties agree that the General Conditions of Sale given above shall regulate all future orders unless other agreements are made between the two parties.