General Terms and Conditions of Sale

January 17, 2025

Hereinafter, the word “Supplier” refers to the company ASA PLASTICI SRL with registered office at VIA BUONARROTI 58/60, 20090 TREZZANO SUL NAVIGLIO, VAT No. 02526270158. Hereinafter, the word “Customer” refers to the customer making a purchase. The Supplier and the Customer are hereinafter jointly referred to as “the parties.”

1 – SUBJECT MATTER AND SCOPE OF APPLICATION OF THESE GENERAL TERMS AND CONDITIONS

1.1 – These general terms and conditions govern all current and future contractual relationships between the parties relating to the supply of hardware and accessories for furniture. They must be coordinated with any special conditions agreed in writing by the parties or included in the Supplier’s written confirmation of acceptance of the order.
1.2 – Unless specifically approved in writing by the Supplier, any differing general or special conditions reported or referenced by the Customer in its communications to the Supplier shall be deemed to have no effect.

2 – FORMATION OF THE CONTRACT

2.1 – The supply contract is concluded with the Supplier’s written confirmation (via email) of acceptance of the order.
2.2 – However, if the conditions indicated in the Customer’s order differ from those in the Supplier’s written confirmation, the latter shall be deemed a new proposal and the contract shall be deemed concluded at the moment the Customer begins to execute it or accepts the products without express written reservation.
2.3 – Any offers from the Supplier are considered valid only for the period of time indicated therein and exclusively for the complete supply of all items quoted therein.
2.4 – For each order, the Customer is required to specify all billing information (if the Customer does not have a VAT number, the Tax Code must be provided) and at least one telephone contact to enable the courier to contact them in case of delivery difficulties.

3 – TECHNICAL DATA, DRAWINGS, DOCUMENTS RELATING TO THE SUPPLY

3.1 – The data and illustrations appearing in the Supplier’s catalogs, brochures, circulars, or other illustrative documents are indicative in nature. These data are not binding unless expressly mentioned as such in the Supplier’s order confirmation.
3.2 – The Supplier reserves the right to make modifications to its products at any time that it deems appropriate, notifying the Customer if they affect installation.
3.3 – Should the Customer propose modifications to the products, in order for such modifications to become mandatory for execution, there must be full written agreement between the parties on the variations that such modifications would cause to the prices and delivery periods previously established. Prices may also be subject to variations if the quantities ordered are reduced or a faster delivery is requested compared to what has already been agreed.
3.4 – The Customer expressly undertakes not to use, for reasons other than those provided for in the supply contract, the drawings, technical information, and inventions relating to the supply, which remain the property of the Supplier and which the Customer may not deliver to third parties or reproduce without written authorization.

4 – EXCLUSIONS

4.1 – The following are not included in the supply: installation of the products supplied, specific testing, manuals and training courses, start-up assistance, and all services and charges not mentioned in the Supplier’s written confirmation of acceptance of the order.

5 – DELIVERIES AND SHIPMENTS

5.1 For all orders placed on shop.asaplastici.com (of any amount and with delivery in Italy), shipping costs will be included in the supply and will therefore be borne by the Supplier. Should the Customer choose cash on delivery as the payment method (payment upon delivery), the Customer will be charged €5.00 for cash-on-delivery collection fees.
5.2 – Upon delivery of the materials to the carrier, the Supplier is released from the delivery obligation and all risks on the materials themselves pass to the Customer, even if the Supplier is responsible for the shipment.
5.3 – Delivery times are indicative and are calculated in working days. Orders placed on shop.asaplastici.com are fulfilled within the times indicated in the order confirmation. Most orders are fulfilled within 2 working days from receipt of payment or your confirmation for cash-on-delivery payment. Regarding the GLS express courier, delivery times are to be considered 24-48 hours from order fulfillment.
5.4 – Delivery times are automatically extended:

1. if the Customer does not provide the data necessary for the supply in due time or requests variations during execution;
2. if causes independent of the Supplier’s good faith and diligence, including delays by subcontractors, prevent or make delivery within the established terms excessively burdensome.
3. if the Customer is not up to date with payments.

5.5 – Except as provided in Article 11 below, in the event of failure by the Customer to take delivery of the products due to circumstances attributable to the Customer or, in any case, for reasons independent of the Supplier’s will, the Customer shall bear the risks and costs of their storage.
5.6 – Should the parties have agreed that, in case of delayed delivery, the Supplier is required to pay a sum as a penalty, the Customer may not claim sums exceeding the penalty as compensation for damages suffered due to the delay.
5.7 – The Customer is required to specify in the order at least one telephone contact to enable the courier to contact them in case of delivery difficulties. If delivery is unsuccessful due to reasons not attributable to the Supplier or the express courier, after 2 consecutive attempts, storage or redelivery costs as quantified by the express courier will be charged, or it will be possible to collect the product at the courier’s sorting point.

6 – ASSEMBLY

6.1 – Assembly and on-site testing are the responsibility of the Customer.

7 – PAYMENTS

7.1 – Unless otherwise agreed, payments must be made by the Customer within the terms specified in the written order acceptance confirmation at the Supplier’s domicile or at the credit institution indicated by the Supplier: in case of delay, the Customer shall be required to pay default interest, without prejudice in any case to the Supplier’s right to claim compensation for greater damage suffered and termination of the contract pursuant to Article 11 below.
7.2 – Any disputes that may arise between the parties do not exempt the Customer from the obligation to observe the payment conditions and terms.

8. WARRANTY

The Supplier will replace or repair the products or items supplied, or refund the related price, if, despite correct and diligent use by the Customer, defects are found, which must be asserted against the Supplier within and no later than 12 (twelve) months from the delivery date, or within that different term indicated from time to time by the Supplier for specific items, or established by law. The items, or the components or parts thereof to which the complaint refers, must be returned to the Supplier within the time period provided in the warranty and returns section, adequately packaged, shipped at the Customer’s expense and in accordance with any special instructions that the Supplier may have given at the time of supply or subsequently. The items, or the components or parts thereof returned must be accompanied by a note describing the defect, as well as any other information indicated or requested by the Supplier at the time of supply or subsequently. All products or items or parts thereof replaced by the Supplier shall become the exclusive property of the Supplier. This warranty replaces any warranty or other provision established by law regarding the quality or suitability of products for specific uses, except those provisions that by law cannot be waived.

9 – SUPPLIER’S LIABILITY

9.1 – The Supplier is solely responsible for the proper functioning of the products supplied in relation to the characteristics and performance expressly indicated by the Supplier. The Supplier assumes no responsibility for any malfunction of the products due to their improper use or failure to comply with assembly and disassembly instructions.
9.2 – In any case, outside the cases governed by Presidential Decree May 24, 1988, No. 224, and except as provided by Article 1229 of the Civil Code, the Customer may not claim compensation for indirect damages, lost profits or production losses, nor may the Customer claim sums exceeding the value of the goods supplied as compensation.

10 – RETENTION OF TITLE

10.1 – The Supplier retains ownership of the products supplied until full payment of the agreed price.

11 – EXPRESS TERMINATION CLAUSE AND TERMINATION CONDITION

11.1 – The supply contract shall be terminated by operation of law pursuant to Article 1456 of the Civil Code by virtue of the Supplier’s simple written declaration of intent to avail itself of this express termination clause, if the Customer:

1. omits or delays payments due;
2. delays or fails to take delivery of the products within the terms provided in Article 5 above;
3. does not observe the confidentiality obligations provided in Article 3.4.

12 – CONTRACTUAL WITHDRAWAL

12.1 – In the event that the Customer reduces the guarantees it had given or does not provide the guarantees it had promised, the Supplier shall have the right to withdraw from the contract.

13 – APPLICABLE LAW

13.1 – All supply contracts in Italy and abroad governed by these general terms and conditions are regulated by Italian law.

14 – COMPETENT JURISDICTION

14.1 – For any dispute relating to the execution, interpretation, validity, termination, or cessation of supply contracts entered into between the parties, even if the action is brought by the Customer, the exclusive jurisdiction is that of the Supplier’s Court; if instead the action is brought by the Supplier, in addition to the Supplier’s Court, any other Court established by law has jurisdiction. The Supplier’s Court is that of Milan