CONDITIONS OF SALE
1. Sale
• Our contracts are always subject to the conditions enumerated hereafter, to the exclusion of all others.
• Our offers are always free of obligation and without engagement.
• The commitments undertaken by our representatives, delegates and sales agents are not
binding upon us unless confirmed by us in writing.
• Our tariffs are only binding after written confirmation by us.
• The purchasing conditions printed on the letters, order forms and other documents from
our clients shall not conflict with our own conditions of sale, with the exception of those specific differences formally accepted by us.
2. Deliverance and acceptance
• The terms of delivery indicated are provided for information only, and are intended purely as a rough guide. It is expressly stated in the Sales Agreement that failure to comply with the terms of delivery shall not constitute a valid reason for rescinding a sale in favour of the buyer, and that, in such circumstances, the vendor shall not be punishable by fine or liable to pay Compensation for any inconvenience caused by the delayed delivery.
• We reserve the right to reckon to our advantage and to consider ourselves free of all obligations and responsibility with respect to any instance of force majeure, such as lock- out, accident, striking or working-to-rule, revolution, rebellion or war which might interfere with or deplete our stocks and, in general, anything that might prevent us from meeting our obligations in the normal way.
• Except for cases in which other specific agreements have been made the quantities supplied may deviate by 10% from those ordered. If there is overproduction and the agreed tolerance is exceeded, Cartamundi shall inform the client of the precise number of goods overproduced and offer them to the client for sale. The client has a term of 8 days in which to inform Cartamundi whether it accepts the goods in question.
• Whatever the means of dispatch, the goods shall always be forwarded at the buyer’s risk.
• In the event of complaints, these will only be considered valid when written notification of
them has been sent within 48 hours of receipt of the goods.
• Any complaint regarding the quantities indicated on the delivery documents must be
registered immediately on receipt of the goods.
3. Prices
• The prices are calculated on the basis of our suppliers’ tariffs on the day the order was placed, also taking into account the costs of materials and transport, the rates of exchange, customs duties and taxes applicable on that particular day. If these elements should be subjected to change, even during the execution of the order, our prices could be adjusted
• Should any of these factors be changed, even while the delivery of the order is in process, our prices might have to be adapted accordingly.
• Subject to the forgoing provisos, our offers remain valid for 60 days.
4. Payment
• With the exception of those stipulations differing from our own but formally accepted by us, our invoices are payable net and without discount within 30 days from the end of the month of delivery, in the currency of the invoice
• The VAT plus any other transfer duties already levied or still to be levied will be chargeable to the purchaser.
• In order to fulfil the legal requirements, payment must be made direct to Cartamundi.
• Our representatives are not authorized to receive payments.
• In case of failure to effect payment by the due date, the interest of default chargeable will
be in proportion with the policy interest rate of the relevant central bank, raised by 300 basic points per year, in addition to this, a contractual indemnity shall be charged of 20% of the amount due, with a minimum of 100 €, this without prior notice of default.
• It is agreed that Cartamundi is at all times permitted to setoff outstanding amounts payable and debts, and also to this end to transfer, or take over, existing amounts payable / debts to or from group companies.
• Our bills of exchange shall always be accepted.
• The costs involved in every bill-of-change transaction shall be chargeable to the buyer.
• Complaints, even when lodged lawfully and within the correct time limits, shall never be
invoked as valid reason for refusing or postponing payment.
5. Collection of goods
• If an agreement has been made that the goods shall be collected from our stores, the buyer will be advised, either by telephone, by e-mail or in writing when the goods are available for collection.
• If the buyer fails to take action within 8 days as regards the abovementioned advice a second reminder to collect the goods will be sent by registered mail.
• If collection has still not been effected within 8 days after receipt of the registered letter, we may proceed to deliver the goods ourselves, without further warning but at the buyer’s expense. In this case, the invoice is immediately payable
• The provisions of this article also apply if goods held on call-off are not picked up by the client in good time. Cartamundi retains the right to charge storage costs in such cases, as well as interest in proportion to the policy interest rate of the relevant central bank raised by 300 basic points annually calculated on the value of the goods.
• Cartamundi retains the right to sell on overproduction to interested parties after 6 months.
6. Title to goods
• The buyer recognizes explicitly that the acquirement of the title to the goods only follows after payment of all outstanding debts.
• If the buyer does not pay on time, Cartamundi retains the right to reclaim the goods delivered without prior notice of default.
7. Technical studies, documents and intellectual rights
• All studies, drawings and documents, of whatever nature, and submitted by us to the clients, shall remain our exclusive property, unless expressly agreed otherwise.
• Any models, designs, clichés and casts shall always remain our property.
• All orders will be carried out under the exclusive responsibility of the client seller. He is
under the obligation to indemnify Cartamundi in the event that any third party makes any claims in the event of a violation of its intellectual property rights. The client buyer is responsible for any possible payment of licences for products that he has produced by Cartamundi on a subcontract basis.
8. Disputes
• All disputes shall be settled by the juridical tribunal in the seller’s domicile unless Cartamundi should prefer to bring an action before the court of competent jurisdiction in the purchaser’s domicile.