BOSSINI CONDIZIONI GENERALI DI VENDITA - GENERAL CONDITIONS FOR SALE

GENERAL CONDITIONS OF SALE

These general conditions regulate all present and future sales contracts between the parties, subject to any exceptions specifically agreed upon

in writing. Any general conditions of the purchaser will not apply to future contractual relations between the parties unless expressly accepted in

writing by Bossini spa (below “the seller”).

1.Formation of the Contract

The purchaser placing the order fully accepts the application of these general terms to the Contract for sale. Seller reserves the right to accept or refuse it.

Offers made by Agents, Representatives or auxiliaries of the seller do not bind him until they are confirmed by the seller itself.

2.Prices

The prices indicated in this price list do not include V.A.T. or any other tax whatsoever. Seller may modify the prices / price list without prior notice.

3.Surrender of the goods

Unless agreed to the contrary, the supply of the products is intended ex-factory: transport and insurance are therefore at the charge of the purchaser, this

also when it is decided that the delivery or part of it will be taken care of by the seller, in which case the latter will act as the purchaser’s agent, it being

understood that the transport will be carried out at the expense and risk of the purchaser. The risks relative to the supply pass to the purchaser, at the latest

at the time in which the products leave the seller’s plant.

4.Delivery terms

The delivery limits are agreed approximately in favor of the seller and not binding for him. Any liability of the seller is excluded for dam¬age deriving from

anticipated, delayed or missed delivery, total or partial. The purchaser is always held to take delivery of the products, even in the case of partial deliveries and

even when the products are consigned before the established delivery date or successively to that date. The seller shall not be deemed to be in breach of

this agreement, or otherwise be liable to the purchaser, by reason of any delay in delivery, to the extent that the delay is due to any Force Majeure, and the

time for performance of delivery shall be extended accordingly.

5.Guarantee

The seller guarantees the compliance of the products supplied; by the term compliance of the products it is meant that they corre¬spond in quality, quantity

and type to what was agreed in the contract and that they are without defects that could render them unfit for the use to which they are intended to be put.

The guarantee against defects is limited only to product defects due to defects in planning, materials or construction that can be attributed to the seller,

and does not apply in the case where the purchaser is unable to prove a correct preservation of the product and where he has modified them without the

agreement of the seller. The seller is not liable for defects in product compliance due to the normal wear of those parts which, by nature, are subject to rapid

and continuous wear and tear.

The warranty does not cover damages caused by improper installation and/or use, incorrect design of the system in which the products are installed/

connected, scale or impurity deposits, use of cleaning products and maintenance different than those specifically indicated in the assembly instructions of the

seller. If the product is intended to be resold, it is understood that the buyer will be liable to its customers for any warranty claims, with express renunciation

of the buyer to the right of recourse against the seller for what is given to the private consumer, unless otherwise agreed in writing between buyer and seller.

6.Claims

The purchaser is required to control the compliance of the products and the absence of flaws. Claims relevant to evident non-conformities of the goods must

be made, on pain of forfeiture, within and not later than 8 days from the goods arrival at their place of destination. Hidden flaws, defect or non-compliances

must be reported immediately after the discovery and in any event, on pain of forfeiture, not later than the duration of the guarantee . Claims must be made

by registered letter, addressed to the seller and must describe in detail the flaws or disputed non-compliances. The guarantee is for a limited period of twenty-

four (24) months from delivery date to the buyer, except for all products not in chrome finishing for which the guarantee is for a limited period of twelve (12)

months always from delivery date to the buyer.

7.Remedies

In case of faulty products and following to a report by the purchaser, the seller may at his discretion: a) supply ex-factory to the purchaser products of the

same kind and quantity as those that proved not in compliance, on receiving returns for checking at buyer’s expense. Any replacement carried out promptly

by the seller cannot be considered as implicit recognition of defects claimed: said recognition must always be explicit and following control by seller on

goods challenged; should the seller, on controlling, find the goods in compliance, he will invoice for those sent in replacement; or b) issue to the purchaser

a credit note in the amount equal to the value of the defec¬tive products. In both cases the purchaser shall return the faulty products to the seller. This

warranty is a substitute for the legal guarantee for defects and conformity and excludes any other relief or claim, including any labor costs for dismantling

and/or reinstallation, in favor of the buyer.

8.Limit of the seller’s liability

Except in the case of fraud or gross negligence on the seller’s part, compensation of any damage to the purchaser will not, in any event, be greater than

invoice price of the disputed products.

9.Payments

The payment and every other sum due to the seller, are understood as net at the registered office of the seller. Any delay or irregular¬ity in the payment

gives the seller the right to suspend the supply or to cancel the contract in course, even if they are not relevant to the payments in question, as well as the

right to compensation for eventual damages. The seller has also the right - starting from the payment deadline - to interests for delay as per art. 5 of Italian

Legislative Decree no. 231 of 9/10/2002. The delays of payment likewise give the seller the right to exclusion from guarantee, for the whole period that the

delay may persist.

10.Retention of Title

The delivered products remain the seller’s property until the moment of the complete payment of the price.

11.Applicable Low and Competent Law-Court

All Contracts ruled by these general conditions are submitted to Italian Law. For any controversy relative to, or connected to the contractual products to

which this general conditions apply, the seller’s Law-Court has the exclusive competence; the latter, however, will have the opportunity to act also in the

purchaser’s Law-Court.

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