Terms and Conditions

  1. Foreword

These General Terms and Conditions of Sale regulate the conditions and methods of sale of products and/or accessories supplied by BATTAGLIN ITALIA SRLS (Tax and VAT number 04106570247) currently in Via Vanin no. 9 – 36063 Marostica (VI). 

They may not be modified and/or waived unless expressly agreed upon in writing by the Parties.

The Parties acknowledge that by signing this document they are fully and completely aware of its contents which they expressly approve.

  1. Definitions

2.1 Seller: Battaglin Italia Srls (hereinafter also only Battaglin Italia);

2.2 Buyer: who buys the Product or to whom the Product is delivered;

2.3 Parties: jointly the Seller and the Buyer; 

2.4 General Conditions: these agreements;

2.5 Product/s: the goods specified in the catalogue and/or offer, subject of the Sale Agreements between the Buyer and the Seller;

2.6 Order(s): the model with which the Buyer declares to the Seller that it wishes to buy the Products.

  1. Product orders and terms and conditions for concluding the sales contract

3.1 No Purchase Order for the Products sent by the Buyer to Battaglin Italia shall be binding on the latter unless expressly accepted in writing by the same. The Order sent by the Buyer to Battaglin Italia constitutes an irrevocable and binding contractual proposal for a period of 60 days starting from the moment of its knowledge by Battaglin Italia.

3.2 Within this 60-day period, Battaglin Italia reserves the right, at its sole discretion, to accept or not accept the Order by notifying the Buyer. The sales contract shall also be considered concluded with the start of the execution of the order by the Seller.

3.3 The conclusion of the contract, unless otherwise agreed in writing, is subject to full payment of the agreed price. Any advance payment shall not imply automatic acceptance of the order by Battaglin Italia.

3.4 In any case, it is understood that any verbal agreement with the Buyer regarding the sale shall not bind the Seller unless confirmed in writing by the latter.

  1. Subject

The description of the Products and their specifications will be as indicated in the catalogue/offer and shall include only the materials, accessories and activities specified therein.

  1. Delivery terms 

5.1 Unless otherwise expressly agreed in writing by Battaglin Italia, the products are sold “Ex works” (Incoterms® 2010 “EXW”). Under no circumstances shall the Buyer be released from its obligation to pay the price of the products if the products should be lost or damaged after their delivery to the Buyer. 

5.2 The delivery time indicated by Battaglin Italia is approximate. Any delay shall not entitle the Customer to cancel the order, nor to compensation for damages, since it does not constitute a serious breach within the meaning of Article 1455 of the Italian Civil Code, except for the mandatory limits set by law. The occurrence of force majeure, difficulties in procurement, production and shipment of products, may cause Battaglin Italia to withdraw from the contract totally or partially, without any right to compensation in favour of the Buyer. Battaglin Italia shall not be liable if the delay or non-performance of the obligations is caused by force majeure.

  1. Prices and payments

The price of the Products shall be that indicated in the offers of Battaglin Italia, in force at the time of the conclusion of the sales contract, unless otherwise agreed in writing between the Parties.

Should subsequent technical changes requested by the customer result in additional costs for Battaglin Italia, these costs shall be paid separately by the Buyer.

The terms of payment shall be those specified in Battaglin Italia’s order confirmation.

Unless otherwise agreed in writing, payment shall be made “in advance”.

Unless otherwise agreed in writing, Battaglin Italia’s prices do not include packaging and freight charges, postage, insurance and other shipping costs.

  1. Warranty

The Seller guarantees that the Products have no defects and comply with the declared technical specifications.

The warranty applies only to products used in the environment and for applications consistent with the specifications declared by the Seller.

Any modification or replacement of parts of the product not authorized by the Seller relieves the Seller from any liability and makes the warranty null and void. The warranty does not cover normal parts subject to wear and does not, under any circumstance, cover any direct or indirect damage caused by the assembly and disassembly of the Products. 

  1. Complaints and duty to inspect

Upon delivery of the Products, the Buyer must immediately:

(i) check the quantities and packaging of the Products and report any objection in the delivery note;

(ii) check that the Products comply with the order confirmation and report any discrepancies in the delivery note.

Any defects must be reported in writing by the Buyer to the Seller within 8 (eight) days from the delivery of the Products and/or their collection. In any case, the complaint must be made in writing within and no later than 8 (eight) days from discovering the defect.

The complaint referred to in the preceding point shall contain a detailed description of the defect.

In any case, the Buyer shall not be entitled to assert warranty claims against Battaglin Italia if the price of the Products has not been paid in accordance with the agreed terms and conditions.

The Seller undertakes to carry out the appropriate checks in order to assess the validity of the claim. In the event that the claim is well-founded, the Seller undertakes to carry out the intervention deemed necessary in order to resolve the issue of the matter reported.

No damage can be requested to Battaglin Italia for any delays in carrying out repairs or replacements.

In the event that the Buyer has notified the defects within the prescribed time limits but, following verification, no grounds for complaint are found, Battaglin Italia shall be entitled to compensation for the expenses it has incurred due to the notification of the defects.

  1. Tolerances 

The products are custom-made and handcrafted. They are unique products, made according to the specific needs of the Buyer. For this reason, Battaglin Italia does not exclude the possibility that Products with the same customizations, have small variations to prove the craftsmanship of the production process.

  1. Right of withdrawal

All goods offered to the Buyer are custom-made and made to the Buyer’s specifications. Consequently, as expressly provided for by the Consumer Code (Article 59 of Legislative Decree no. 206/2005), the rules regarding the right of withdrawal do not apply (Article 52 et seq. of Legislative Decree no. 206/2005). 

  1. Termination of the contract

Each party shall have the right to withdraw with immediate effect from these General Terms and Conditions, as well as from each and every contract for the supply of the Products not yet performed, if the other party becomes liable for a serious breach of contract.

The Seller may also terminate the contract with immediate effect if the Buyer is subject to bankruptcy or liquidation proceedings or if the state of the Buyer’s economic conditions is such as to reasonably presume the Buyer’s insolvency.

  1. Jurisdiction and Applicable Law

For any dispute arising from the interpretation and execution of these General Terms and Conditions of Sale, Italian law shall apply, and the Court of Treviso shall have exclusive jurisdiction.

  1. Priority of the Italian text

These General Terms and Conditions of Sale are written in two languages: Italian and English. In case of doubts of interpretation, the Italian version shall prevail.

  1. Disclaimer clause

The invalidity of all or part of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The clause that loses its effectiveness shall be replaced by a valid clause that comes as close as possible to the purpose of the clause that has become ineffective.

  1. Privacy Policy 

The Buyer’s personal data shall be processed in compliance with Legislative Decree no. 196 of 2003 (“Personal Data Protection Code”) and Regulation (EU) 679/2016 (hereinafter, “GDPR”). The personal data provided will be processed by Battaglin Italia for purposes that are connected or instrumental to the conclusion and execution of the contract, for the obligations provided for by laws, regulations and EU legislation.

Processing means the collection, recording, organization, retainment, processing, modification, selection, extraction, dissemination and deletion of data.

The data will be retained for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed in accordance with legal obligations. 

The applicable legislation on the protection of personal data gives data subjects the right to access their personal data, as well as the right to obtain information relating to its processing or to request its correction and deletion.

In order to exercise these rights, the data subject must contact BATTAGLIN ITALIA SRLS (Tax and VAT no. 04106570247) current in Via Vanin n. 9 – 36063 Marostica (VI).