Sale and delivery general conditions

1. General
   The buyer accepts that our sale and delivery conditions form the basis of present and future contracts. Exceptions to these conditions, in particular the acceptance of the customer’s purchase conditions, will require our explicit written confirmation.
2. Contract
   Our offers will not be binding. The information relating to our specifications and our technical and informative material will not be binding unless otherwise agreed in writing. All orders received must be received in writing and must be accepted by GOMMUS in writing by ORDER CONFIRMATION. The customer must take care that the order confirmation is received to consider the order acquired in programming.
3. Prices / terms of payment
   Sale prices will be those indicated in the order confirmation or, failing that, in our offer, regardless of what is indicated by the customer in the purchase order. The same applies to the terms of payment.
4. Delivery
   Unless otherwise specified in writing, partial deliveries and shipments will be accepted. The delivery time indicated must be considered purely indicative and not essential. In the event that the buyer is in arrears with payments, or his solvency is at risk, Gommus has the right to suspend subsequent deliveries or to terminate the contract with immediate effect by communicating the forfeiture of the benefit of the term pursuant to Article 1186. cc. The buyer will not be able to claim any damages or termination of the contract for delayed delivery. In the event of a delay attributable to GOMMUS, the maximum limit of compensation for damages cannot exceed 10% of the delivery value.
5. Warranty
   All information regarding the suitability, processing and use of the products sold, technical advice and other information are provided to the best of GOMMUS ‘knowledge and do not release the buyer from the responsibility of carrying out their own checks and tests. The buyer will examine delivered goods for quality defects as soon as possible and in any case before putting them into processing. In any case, complaints will be accepted only if presented in writing and validated by evidence within eight days of receipt of the goods; in the event of hidden defects, immediately after their discovery, but latest within three months of receipt of the goods. After notification of the complaint, GOMMUS will have the right to examine the goods, agreeing with the buyer methods and times. The goods, even the damaged ones, must be stored in a suitable way in a non-humid and temperate environment, inside the special packages. Before proceeding with the serial assembly of the articles, the tests of interest on samples or on a limited number of articles must have been carried out. The acceptance of the sample by the buyer is equivalent to acceptance of the mechanical, physical and chemical characteristics of the article. Refused goods can be returned only with our express written consent, in which case GOMMUS will have the right to replace, repair or reduce the price, excluding to the extent permitted by law indirect losses for loss profit, missed savings or third-party claims. In any case, they can never be considered defects or colour variation due to the passage of time, since it is clear that the conditions of storage and exposure of the product to external agents can cause a colour change that can be more accentuated in the case of products made by transparent compounds, nor bleaching, as it is a normal phenomenon of protection against atmospheric agents, ozone, humidity, temperature.
   The protective film appears above all in periods characterized by high temperature and high humidity, therefore proper care, storage and packaging, during the assembly and storage phases, limit or completely eliminate the phenomenon.
   We also recommend never using halogenated or benzene solvents to clean soles.
6. Force majeure
   The delivery delay or the order cancellation, (except in the case of gross negligence), due to force majeure such as: the need to comply with legislative provisions or public authorities, actions or omissions of the customer, non-deliveries by suppliers, lack of raw material or energy, traffic interruptions, transport deficiencies, as well as wars, riots, strikes, lockouts, fires, floods, disasters, will not entitle the customer to request the termination of the contract and / or the compensation of the damage.
7. Jurisdiction and competent court
   These conditions are governed by Italian law. The competent authority for any dispute arising from the interpretation and execution of sales contracts, (including in terms of debt collection), will be exclusively that of Ancona court.