Sales Conditions

1. Scope of application

1.1 These general conditions regulate the production, sale and delivery of TACCHINI ITALIA FORNITURE S.r.l. products as listed in the current sales price list.

1.2 By signing the contract, the Customer also implicitly declares to be aware of these general conditions which are published on the company website of TACCHINI ITALIA FORNITURE S.r.l.

1.3 Any conditions relating to all or part of the agreement stipulated by the Parties, different from these general conditions, to be valid must be formulated in writing and specifically approved by the contracting Parties.

1.4 If mandatory rules or causes of force majeure require modification of one or more of these general conditions, TACCHINI ITALIA FORNITURE S.r.l. reserves the right to modify them observing the principle of conservation of the current conditions as far as possible and the principle of the least possible inconvenience for the Customer.

1.5 In any case, TACCHINI ITALIA FORNITURE S.r.l. will give two months' notice to the Customer who may communicate his refusal. In the absence of refusal, the new conditions will be considered accepted.

2. Offer, order and acceptance, conclusion of the contract, modifications, payments, transfer of ownership

2.1 The sales prices of the products are those indicated in the price list in force at the time the order is sent. The prices indicated therein are net of VAT and do not include packaging costs other than standard, nor transport costs, taxes, duties, customs duties.

2.2 In the case of products made with special materials not included in the price list, or with materials supplied by the Customer, the price is formulated by TACCHINI ITALIA FORNITURE S.r.l. with a non-binding offer for the proposer sent to the Customer by any means.

2.3 The contract is concluded when the Customer's order has been expressly accepted and/or approved and/or confirmed by TACCHINI ITALIA FORNITURE S.r.l.

2.4 The payment methods of the price are agreed for each order between TACCHINI ITALIA FORNITURE S.r.l. and the Customer, and are usually reported in the acceptance and/or approval and/or order confirmation document by TACCHINI ITALIA FORNITURE S.r.l.

2.5 The goods become the property of the Customer only upon full payment of the price.

3. Obligations of TACCHINI ITALIA FORNITURE S.r.l., standard packaging

3.1 TACCHINI ITALIA FORNITURE S.r.l. is obliged, according to these general conditions and the specific agreements agreed between the Parties, to prepare the products covered by the contract and to package them as specified below ("standard packaging").

3.2 Standard packaging consists of rigid cardboard. Standard packaging for fragile or bulky products consists of a wooden crate and/or pallet.

3.3 Non-standard packaging must be expressly requested at the time of ordering by the Customer who will bear the full costs.

4. Obligations of the Customer

4.1 The Customer is obliged to pay the price within the agreed terms and to take care of the collection and transport of the goods covered by the contract according to the conditions agreed at the time of ordering.

4.2 The Customer undertakes to maintain confidentiality regarding the technical characteristics of the goods and the commercial agreements stipulated with TACCHINI ITALIA FORNITURE S.r.l. Under no circumstances may the Customer provide a copy of the user manual and technical drawings of the goods to third parties.

5. Materials, tolerances, product modifications

5.1 Fireproof materials entail a price increase compared to the list price. In the case of destination of the goods to the foreign market, it is the Customer's responsibility to indicate the mandatory technical specifications for the use of the goods in the country of destination.

5.2 In the case of products with materials supplied by the Customer, it is the Customer's responsibility to submit samples to TACCHINI ITALIA FORNITURE S.r.l. in advance for suitability checks. TACCHINI ITALIA FORNITURE S.r.l. is not responsible for the conservation of material samples.

5.3 The fabrics of the products supplied by TACCHINI ITALIA FORNITURE S.r.l. are washable according to the specifications indicated in the technical sheet of each product.

5.4 Light, heat, aging of materials, my lead to colour variations in the goods which in no case may be considered defects in the goods supplied.

5.5 Any drawings and technical descriptions published are merely illustrative and TACCHINI ITALIA FORNITURE S.r.l. is free to make technical construction changes to the products before delivery, without any obligation to notify the Customer.

6. Delivery. Terms and methods. Insurance. Customs procedures

6.1 The delivery date indicated in the order approval and/or acceptance and/or confirmation is merely indicative and not binding for TACCHINI ITALIA FORNITURE S.r.l., unless otherwise agreed in writing between the parties.

6.2 Unless otherwise agreed, delivery is ex works (EXWORKS Baruccana di Seveso as per INCOTERMS 2020).

6.3 If the parties have expressly agreed on different delivery methods other than ex works, the additional costs will be borne by the Customer. In any case, transport insurance costs are borne by the Customer. If the destination of the goods is abroad, care and costs of customs procedures are borne by the Customer.

6.4 Assembly and installation of the goods are always borne by the Customer.

6.5 In the event that the Customer requests to postpone the delivery terms and/or to leave the ordered products in storage at TACCHINI ITALIA FORNITURE S.R.L. for a period exceeding 15 days from the agreed delivery date, the Customer will bear the storage and custody costs.

7. Force majeure

7.1 The parties are exempt from the obligation to perform and are not liable for failure to perform their obligations under the contract if they prove that the failure to perform is due to force majeure.

7.2 Force majeure exists if and to the extent that the party proves that the impediment is beyond its reasonable control, that the event could not be reasonably foreseen at the time of the conclusion of the contract, that the impediment itself or its consequences could not reasonably be avoided or overcome.

7.3 The Party intending to invoke force majeure must immediately give written notice of the fact that could constitute an impediment to the other Party, then provide adequate proof of this within a reasonable period of time. If such proof is provided, the exemption from liability will take effect from the moment the first communication reaches the other party. The other party may suspend the performance of its obligations, starting from the date of receipt of the communication.

7.4 The Parties are required to adopt all reasonable measures aimed at avoiding or in any case limiting the damages that may arise from the force majeure event. Failure to adopt the measures obliges the Party that intends to invoke the force majeure event to compensate for any damages that may arise from such conduct.

8. Warranties and Claims

8.1 TACCHINI ITALIA FORNITURE S.r.l. guarantees the structures of its products for manufacturing defects under normal use of the products for two years, starting from the date of preparation of the goods.

8.2 The warranty does not include coating materials, normal wear and tear of the product and damage resulting from poor maintenance or improper use of the product. All uses incompatible with the nature of the product are considered as "non-compliant use or improper use".

8.3 The warranty does not apply to components, external accessories or materials supplied by the purchaser, nor in the event of non-fulfilment by the Customer.

8.4 The warranty does not apply to modifications to the product by the Customer without the consent of TACCHINI ITALIA FORNITURE S.r.l.

8.5 The warranty entails the obligation for TACCHINI ITALIA FORNITURE S.r.l. to replace the structure of the product affected by defects. The product must be returned to TACCHINI ITALIA FORNITURE S.r.l. at the Customer's expense and care.

8.6 Complaints and claims must be received by TACCHINI ITALIA FORNITURE S.r.l. within eight days of collection of the goods in the case of obvious defects or eight days from discovery in the case of hidden defects. In any case, complaints and claims must be detailed and documented.

9. Applicable law

9.1 The contract between TACCHINI ITALIA FORNITURE S.r.l. and the Customer is governed by Italian law.

10. Disputes and resolution

10.1 For any dispute that may arise between the parties regarding the execution, modification, interpretation or termination of the contract, the parties mutually undertake to preliminarily attempt a mediation procedure at the “Organismo di mediazione forense” of Monza, effectively participating in the meetings.

10.2 If the mediation is unsuccessful, the dispute will be referred to arbitration with a single arbitrator at the Arbitration Chamber of Milan, which will decide with binding arbitration by law, pursuant to the Rules of the aforementioned Chamber, which the parties declare to know and accept.

10.3 For any dispute that cannot be resolved pursuant to the preceding provisions, the exclusive forum is Monza.