GENERAL TERMS AND CONDITIONS OF SALES
These Terms and Conditions, which are available at www.isolmant.it, define the relationship between the customer and Tecnasfalti S.r.l. for the supply of the products pursuant to the
Scope of Supply. The same terms and conditions also rule the Contract between the parties together with the Letter of Intent.
The Customer requires the supply by submitting the Proposal, which shall be dated, completed and signed by a sales representative of Tecnasfalti S.r.l. In the absence of this latter,
the aforementioned Proposal shall be sent by registered mail, possibly anticipated by fax. The Proposal shall be considered as a Letter of Intent by the Customer for whom the LOI is
binding. Tecnasfalti S.r.l. reserves the right to accept the aforementioned Proposal. Tecnasfalti S.r.l. and the Customer shall enter into Contract only upon written confirmation of the
aforementioned Proposal or after fulfilling the scope of supply by Tecnasfalti S.r.l. Any additions or amendments subsequently made to the Proposal even through a sales representative
of Tecnasfalti S.r.l., will not be binding for Tecnasfalti S.r.l., which can accept or reject them without prejudice to the original proposal. What is provided in the Letter of Intent submitted
by Tecnasfalti S.r.l. cancels any agreements or negotiations that are not contained in the LOI itself.
SCOPE OF SUPPLY
The supply includes only what is indicated by the Proposal or in the LOI. Tecnasfalti S.r.l. reserves the right to make changes to those products that may be necessary, without prior
notice to the Customer. Any characteristics and / or the technical characteristics and data sheets that are in the catalogue, as well as any other document which refers to the products
are intended for information only and not binding on Tecnasfalti S.r.l.
THE PRODUCTS CHARACTERISTICS
For the intrinsic characteristic of the products designed to join several layers, some of which are made of fibres, the thickness of the product supplied may vary from the one declared
in the technical sheets. The same could occur to the overlapping flaps. This minimum difference can result from many variables, some of which are due to packing, transport, unloading
and storage. The measurements taken at the origin by the company’s QA department guarantee the control of tolerances.
All products made of Polyethylene, Polyester and Polypropylene shall not be stored in places with prolonged exposure to UVA (as indicated on the packaging).
The prices indicated on the Proposal shall be considered as ex works, VAT excluded as any other tax or duty. Tecnasfalti S.r.l. reserves the right to vary the prices indicated in the Propo-
sal at any time by providing the Customer with reasonable notice, through price lists or any documentation regarding the products. In case these price changes are not accepted by the
Customer the latter must sent to Tecnasfalti S.r.l. written notice within a reasonable period of time. Each party may terminate the Contract and the Customer shall, at its own expense,
return any products already supplied. The Customer shall also indemnify Tecnasfalti S.r.l. for all costs and expenses incurred to carry out the Supply provided by the Quotation.
SHIPPING AND DELIVERY
According to the “carriage paid to” delivery indicated in the Proposal, the Customer authorises Tecnasfalti S.r.l. to make a Contract in the name and on behalf of the Customer itself to
carry out the transportation of the goods. In no event Tecnasfalti S.r.l. shall be considered responsible for what concerns packaging, transportation (including late delivery), loading /
unloading of the goods transported or in any way for the carrier’s operation that is a third party different from Tecnasfalti S.r.l.
The carrier is not required to discharge the products transported and Tecnasfalti S.r.l. is not liable for any damage or disruptions caused during unloading by the carrier. The goods travel
at the risk of the Customer, even when on carrier’s request, Tecnasfalti S.r.l. had to issue declarations of warranty. Any addition to the price specified in Article 4 of these General Terms
and Conditions or amount for delivery as carriage paid does not constitute a waiver to the aforementioned provisions.
The dates of delivery of the products ordered are mandatory and fundamental. If the customer fails to collect the products to the place and the date stated, Tecnasfalti S.r.l. is authorized
to issue an invoice to cover the products stored and / or transported, is entitled to have its price, as well as the increased costs incurred as a result of delayed and / or non-collection.
The products are always provided “ex works” at Tecnasfalti S.r.l.’s premise, located in Carpiano (20080-MI), loc. Francolino, Via dell’Industria 12, except carrier paid delivery is requested.
The Customer acknowledges that Tecnasfalti S.r.l. will not be in charge of recollecting the surplus products, also by means of third parties companies. Any shipment that is carried out for
products, which are subject to claims or replacement procedures, shall be done, prior to Tecnasfalti S.r.l.’s authorisation, at the expense of the Customers as ex works at Tecnasfalti S.r.l.
in Carpiano (20080-MI), loc. Francolino, Via dell’Industria 12. Otherwise, Tecnasfalti S.r.l. can refuse the recollection and be exempted from any costs, expenses and / or responsibilities.
TERMS AND CONDITIONS
Tecnasfalti S.r.l. cannot be held responsible for the deviation from the agreed tolerance of the products as specified in Article 3. Tecnasfalti S.r.l. cannot be held responsible and does
not issue any warranty for defects and non-conformities resulting from inadequate or improper use of the products or related to products that have already been used or placed in work.
Tecnasfalti S.r.l. cannot be held responsible for the intended use, which is Customer’s responsibility. The Customer shall be responsible for the use of the products according to the
regulations in force and pursuant to the proper intended use of the product itself. Tecnasfalti S.r.l. does not assume any responsibility about installation of the products, even if carried out
by personnel suggested or recommended by Tecnasfalti S.r.l. The solutions or recommendations proposed by technicians or sales representatives of Tecnasfalti S.r.l. shall be considered
purely indicative. <45>Suggestions and indications which are at www.isolmant.it, in catalogues, data sheets and any other documents relating to the products, but dictated by the best
experience and knowledge, are to be considered purely indicative. The Customer shall establish whether the product is suitable for its intended application. The Customer will be also in
charge of all the responsibility for the use of the product itself.
Under penalty of cancellation of the warranty, any claim shall be notified to Tecnasfalti S.r.l. by registered letter within 8 days from the delivery and / or withdrawal of the products covered
by purchase order. After this term without any complaints received, the products shall be deemed received and accepted. Under penalty of cancellation of the warranty, the Customer
agrees to keep products available to Tecnasfalti S.r.l. for at least thirty days after the receipt of the complaint by the latter.
In any case, Tecnasfalti S.r.l.’s warranty is based and limited to the replacement of the same products that have been defined defective. Tecnasfalti S.r.l. cannot accept claims related to
products already in use or placed in work.
The price of the products will have to be paid by the Customer at the headquarters of Tecnasfalti S.r.l. in the manner and within the terms established in the Proposal.
The payments submitted to Tecnasfalti S.r.l.’ sales representatives will not release the Customer from his / her responsibilities without prior written authorization of Tecnasfalti S.r.l.
Failure to observe the terms of payment - or even one of them in case of payment by instalments - determines automatically, without further notice, the formal notice of application of
default interest at the rate on the amounts outstanding as set out by the Legislative Decree 231/2002. In breach of the terms of payment - or even one of them in case of payment by
instalments - Tecnasfalti S.r.l. is in charge of suspending the supply of products, even in case of different and further contracts with the same Customer. If Tecnasfalti S.r.l. becomes
aware of insolvencies to third parties by the Customer and the latter does not provide guarantees of payment that could be considered appropriate at the sole discretion of Tecnasfalti
S.r.l.., Tecnasfalti S.r.l may refuse or cease to provide, change the terms of payment, also requesting the immediate full payment of the batch already delivered or the advance payment
for the batch which is still to be delivered, without any claim of compensation for damages by the Customer.
Any outstanding amount regarding the Customer authorises Tecnasfalti S.r.l. to instruct a lawyer to recover the amount. After the appointment of the lawyer, the Customer will have to
submit to Tecnasfalti S.r.l. in addition to the amount due to cover the outstanding amount, a further sum equal to € 160,00 as a reimbursement of the legal fees with waiver to account for
payment of said fee, except for compensation for any additional damages.
Without prejudice to any other cases of termination provided by the General Conditions or by law, Tecnasfalti S.r.l. can terminate the Contract if the Customer is subject to bankruptcy
or other insolvency proceedings.
SOLVE ET REPETE
Any complaints about the products or, in general, about the execution of this Contract shall not entitle the Customer to delay, suspend or refuse to pay the price in accordance with art.
9. For no reason the Customer may promote legal action under this Contract against Tecnasfalti S.r.l. before fulfilling the payment of the price.
As of now the Customer accepts, pursuant to art. 1264 of the Civil Code., the possible voluntary assignment by Tecnasfalti S.r.l. of the amount under the Contract, relieving Tecnasfalti
S.r.l. from any written notification different from the notification that the above assignment took place.
For any disputes concerning the validity, effectiveness, interpretation, execution of the Proposal, The Letter of Intent and / or the Contract between Tecnasfalti S.r.l. and the Customer
will be referred exclusively to the Court of Milan, with the exclusion of any other court. The jurisdiction of the Court of Milan cannot be derogated even in case the Customer, after action
carried out by a third party against the Customer, adopted measures of guarantee, indemnity or recourse to Tecnasfalti S.r.l.
Any notifications relating to the Contract shall be written and submitted to Tecnasfalti S.r.l. and the Customer’s contact details as indicated in the Proposal or to those that might sub-
sequently have been notified by written notice. Where specific manner of communication is expressly provided by these Terms and Conditions, those rules are mandatory and binding.
Except the provisions set out in these Terms and Conditions, any addition or modification and / or integration to the Contract must be submitted in written form by both parties. The
Customer undertakes to do all that is necessary to allow Tecnasfalti S.r.l. to properly fulfil the obligations under the Contract. Tecnasfalti S.r.l. reserves the right to use for advertising and /
or for information the products as they will result after the installation to complete construction and the Customer hereby authorizes Tecnasfalti S.r.l. or other persons appointed by Tecnasfalti S.r.l.
to access the site and collect photographic or video documentation of the above products. The personal data provided by the Customer to carry out the Contract’s provisions shall be
processed by Tecnasfalti S.r.l. in accordance with local regulations concerning confidentiality. The Customer declares to have received the information pursuant to Art. 13, Legislative
Decree 196/2003, available at www.isolmant.it. The Customer accepts the processing of data for the aforementioned purposes. The Contract, even when signed by foreign persons and
for products supplied abroad, is ruled by the Italian law. All applicable taxes or stamp duty, as well as any other tax burden in general, present and future, remain entirely the responsi-
bility of the Customer.
Any Proposal, Letter of Intent and Contract between Tecnasfalti S.r.l. and the Customer is ruled by these Terms and Conditions, also where it gives rise to successive supplies without
need for repetition or reference.
Released in May 2011
GENERAL TERMS AND CONDITIONS OF SALES