1. Orders are subject to acceptance by the supplier. Quotations and acceptances of orders are agreed as at the prices and on the terms and conditions of sale in force at the time of dispatching the goods, subject to availability. Even if orders have been taken through our sales staff, final acceptance, which may be partial, has to be made by BOT LIGHTING Srl.
2. The Seller shall not be held liable for non-acceptance or for failure or delay in supplying the products forming the subject matter of the supply. Acceptance and processing of the order are specifically subject to the availability of the ordered products as well as the absence of circumstances which could in any way affect the availability of the same and prompt delivery thereof. The delivery times are given as an indication and the buyer may not make any claim in the event of delays in deliveries due to causes not attributable to the supplier. Any delays in deliveries, as also total or partial stoppages or suspensions of supplies, even when not due to force majeure, do not entitle the customer to claim for damage or loss, whether direct,
indirect or consequential, or indemnity of any type whatsoever, or interest.
3. The goods travel at the buyer’s risk and in the event of theft or tampering, the buyer shall contact the carrier, whereas any faults or defects found at the time of delivery shall be reported to BOT LIGHTING Srl as follows:
– in the case of loose packs, always check at the time of delivery the precise number of packs and check for any breakages.
Any reservations shall always be written on the transport document and on any carrier’s delivery note.
– in the case of pallets and therefore the impossibility of an immediate check of the goods, it is necessary to accept the delivery with “subject to checking” to be written in the relative box on the transport document and on any carrier’s delivery note. Complaints shall be sent to BOT LIGHTING Srl within 3 days of receiving the material.
4. The Buyer is obliged to check the state and quantity of the supply as well as its compliance with the delivery note as soon as the products have been received. Any complaints regarding quality, quantity and type of product shall be made in writing within 5 (five) days from the date of receiving the goods. After that period, without prejudice to other warranty conditions given for single products, no complaint may be made either for the substance and quality of the goods or for the general conditions of the same.
5. Any manufacturing defects shall be promptly reported and, after verification and assessment, the goods will either be replaced or the amount paid for the same credited in full or in part to the customer by the supplier. Any returns shall be previously agreed with the supplier and are agreed as “subject to verification”.
6. The list prices given are agreed as for goods ex supplier’s warehouse; special packaging, insurance, delivery and transportation, duties and taxes (VAT, etc.) are charged separately. The price indicated is to be considered the recommended retail price.
7. In selling the products forming the subject matter of the contract, the buyer will refrain from any act contrary to the principles of fair competition, in compliance with the law, regulations and accepted practice, insofar as they are compatible.
8. The goods shall be paid, within the times and on the conditions established case by case, c/o the domicile of the supplier or to an expressly designated person. In the latter case the payments are not considered as made until the relative sums are received at head office. Failure to comply with the established conditions of payment or deferred payments in respect of the initially agreed conditions will result in the application of default interest as from the due date of payment of the invoice, to be determined according to the provisions of law in force at the time. In the event of a dispute, for any reason whatsoever, the buyer is not entitled to delay or to refuse payment of the overdue invoices. Any cash discounts as well as allowances or bonuses of any kind will be acknowledged provided that the customer has no outstanding payments, but will be agreed as automatically forfeited and revoked in the event of late or non-payment. We reserve the right not to carry out the orders of buyers who have not arranged for punctual payment of previous supplies.
9. In the event of disputes, it is established that the Court of Venice shall have sole jurisdiction.
10. BOT LIGHTING Srl is committed to developing and improving its products. All the descriptions in this catalogue-price list are therefore agreed as being a general guide and the specifications may be changed from time to time in the interests of product improvement. Furthermore, Bot Lighting Srl cannot be held liable for any changes to the characteristics and the range of outsourced products, which may be introduced by the manufacturers at any time without notice.
