top of page

Condition of Sales

1. GENERAL CONDITIONS
The sale is governed by the following general conditions, to be supplemented also by those indicated on the invoice and, for anything not expressly provided herein, by the Italian Civil Code.

2. ORDERS
The customer’s order shall be deemed a purchase proposal and shall not be binding on the Seller, which reserves the right to accept it. The sales contract shall be considered concluded only after written order confirmation by GTILES S.r.l. and the related acceptance by the customer through the affixing of stamp and signature.

Any additions or amendments made to the order, including through agents of GTILES S.r.l., shall likewise not be binding on GTILES S.r.l., which may accept or reject them without prejudice to the original order. The content of the GTILES S.r.l. order confirmation cancels any agreements or negotiations not included in the confirmation itself.

3. SCOPE OF SUPPLY
The supply includes exclusively what is indicated in the order confirmation. Any characteristics and data shown in catalogues and in any documentation relating to the products are to be considered indicative and not binding on GTILES S.r.l.

4. PRICES
The valid prices are those in force at the time of the order confirmation issued by GTILES S.r.l. and do not include any other charges such as VAT, stamp duties or taxes of any kind, which shall always be borne by the Customer.

5. DELIVERY TERMS
Delivery terms are to be considered approximate. GTILES S.r.l. is granted a tolerance period of 60 days from the terms indicated in the order confirmation.

Delays in delivery due to force majeure or, in any case, to events not attributable to GTILES, such as, by way of example only, strikes, including strikes occurring at our company or at the manufacturer’s company, delays in deliveries by suppliers, suspension or interruption of production, or transport difficulties, shall under no circumstances entitle the Customer to cancel the order or claim any damages.

Our company may process the received order by making partial deliveries, carried out at different times, which, considered as a whole, correspond to the requested supply.

Upon delivery of the materials to the carrier or forwarding agent, all risks relating to the material sold shall pass to the Customer, who must therefore make any claims for damages due to delays in receipt, loss, destruction or deterioration of the goods occurring during or as a consequence of transport exclusively against the carrier or forwarding agent.

6. DELIVERY TERMS / INCOTERMS
The delivery term for the material is the one specified in the order confirmation issued by GTILES S.r.l.

Shipments by sea or by land concerning supplies abroad are carried out on the basis of the conditions chosen from time to time, as set out in the INCOTERMS approved by the International Chamber of Commerce in 1953 and subsequent versions.

In the case of goods of Italian origin, delivery shall be understood as ex works at the production plant, unless otherwise specifically agreed in the order confirmation.

In the case of imports from abroad, delivery of the goods shall be understood as FOB port of shipment, unless otherwise specifically agreed in the order confirmation.

Any involvement of GTILES S.r.l. in searching for a means of transport and/or in arranging delivery to one of the various third-party warehouses in the district shall be understood as carried out on behalf of and in the interest of the Customer, without any liability for GTILES S.r.l.

Any inclusion of the transport cost in the sales price or the use of the term “free destination” shall not constitute a derogation from this clause. Losses, damage, alterations to the goods and packaging, or any reason or event attributable to transport shall therefore remain the responsibility of the Customer.

The goods travel at the Buyer’s risk and peril. No liability relating to transport may be attributed to GTILES S.r.l.

If GTILES S.r.l. does not receive precise instructions from the Customer regarding the carrier to whom the goods are to be entrusted, it reserves the right to entrust them to a carrier of its own choice when the material becomes available. Under no circumstances may the Customer refuse to release the ordered goods upon arrival.

7. PAYMENTS
The amount of each invoice must be paid according to the methods and within the terms agreed and specified in the order confirmation.

The place of payment is fixed at the registered office of GTILES S.r.l. Payments made to collaborators or agents of GTILES S.r.l. shall not discharge the Customer unless specifically authorized in writing by GTILES S.r.l.

Failure to comply with the payment deadline entitles GTILES S.r.l. to:

  • terminate all ongoing contracts pursuant to Article 1456 of the Italian Civil Code;

  • suspend the fulfilment of any orders or outstanding order balances in progress;

  • claim default interest at the rate of 1% per month, or fraction thereof, in addition to the official discount rate plus expenses, without the need for formal notice of default to the Customer;

  • issue bills of exchange, which shall be deemed authorized, on the remaining unpaid invoices, even if different payment terms had originally been agreed.

8. LEGAL EXPENSES
Any unpaid amount by the Customer authorizes GTILES S.r.l. to appoint a lawyer to proceed with collection. After the assignment has been given to the lawyer, the Customer must pay GTILES S.r.l., in addition to the amount due to cover the unpaid amount, a further sum by way of penalty equal to 30% of the entire charge, with a minimum of €160.00, as a lump-sum reimbursement of legal expenses with waiver of accounting, without prejudice to compensation for further damages.

9. RIGHT OF WITHDRAWAL
GTILES S.r.l. reserves the right to withdraw from the contract if, after order confirmation, it receives commercial information concerning the Customer which, at its sole discretion, advises against the execution or continuation of the contract. The exercise of this right shall not grant the Customer any right to compensation for damages or any other claim.

10. COMPETITION
If specified in the order confirmation, the Customer may not resell the goods covered by the contract in areas other than those agreed. In the event of non-compliance, the contract shall be deemed automatically terminated pursuant to Article 1456 of the Italian Civil Code.

11. CHARACTERISTICS
The Customer acknowledges that variations may exist in caliber, intensity, color, shade or other visual characteristics of the goods and that absolute uniformity of such characteristics is not guaranteed by GTILES S.r.l.

The Customer also acknowledges that products purchased on the basis of samples may vary in their visual characteristics from the samples themselves, in the same manner and degree as the Seller’s entire production may vary.

12. CLAIMS
Claims relating to any shortages or breakages must be made exclusively to the Carrier at the time of unloading of the material, with annotation on the transport document, and immediate notice must be given by registered letter to GTILES S.r.l.

Any other claim relating to the nature and/or characteristics of the material must be promptly submitted to the Seller by registered letter and in any case within 8 days of receipt of the goods.

AFTER THIS PERIOD, THE GOODS SHALL BE DEEMED TO HAVE BEEN INSPECTED AND ACCEPTED in the condition in which they are found, under penalty of forfeiture of the warranty.

The installation of the material shall result in the forfeiture of any action for both apparent and hidden defects, implying an implicit waiver of the warranty referred to in Article 1490 of the Italian Civil Code.

Differences in shade may not be reported as defects in the material.

Any disputes concerning the material shall not entitle the Buyer to suspend or delay, in whole or in part, payment within the agreed terms, pursuant to Article 7 above.

The Customer shall also forfeit the warranty if, after timely notification, the material is not kept available to GTILES for at least thirty days or if it is used.

Material of a grade lower than first choice is sold without any warranty.

Our materials are guaranteed to comply with the standards specified directly by the manufacturer/supplier. Our warranty is limited to first-choice materials, with a tolerance of 5% on the indicated standards.

Any warranty for defects is therefore expressly excluded for second-choice and third-choice materials or stock materials, which, like occasional lots, are always sold on an “as seen and accepted” basis.

13. DISCONTINUATIONS
Since GTILES S.r.l. cannot directly manage the production processes of its suppliers, it cannot guarantee against any changes, modifications and/or discontinuations decided by them.

14. PACKAGING
Unless otherwise indicated, packaging shall be understood as the standard packaging used by the manufacturer.

15. LIABILITY
The liability of GTILES S.r.l. for defects in the goods sold, if promptly reported and established in adversarial proceedings with GTILES S.r.l., is limited exclusively to the withdrawal of the defective material and the consequent crediting of the amount. Compensation for any damage, whether direct or indirect, suffered by the Customer is excluded in all cases.

16. RETENTION OF TITLE
The goods shall remain the property of GTILES S.r.l. until full payment has been made.

17. JURISDICTION
Regardless of the Customer’s nationality and residence, this contract shall be subject to the jurisdiction of the Italian courts.

18. COURT OF JURISDICTION
Any dispute arising between the parties shall be submitted exclusively to the Court of Reggio Emilia as the sole competent court.

bottom of page