– Bundles srl pays Suppliers on time. We strongly believe our Suppliers are the main
resource and we appreciate their trust giving us terms to allow processing the blocks and
extend terms to our Customers. Therefore, we would consider unfair and unacceptable to
involve them in what happening in our receivables side due to slow collection, claims,
weather circumstances, banking troubles, slow business or whatever else we must hear
– Bundles srl works hard to reduce quality issues to the
minimum although the nature of our business does not allow anyone bringing
issues down to zero. In the effort to improve our quality procedures we
encourage our Customers to check our deliveries within 7 days from the arrival
date. We do the same each time we purchase from our Suppliers and we agree it is
not fair and not acceptable to make claims after weeks or, much worse, at the
time to pay the invoice. If it happens, our Suppliers would be right thinking we
are just abusing about their trust, trying to delay the payment and/or short
paying the invoice amount.
– Bundles srl sells based on the acceptance of this document
and per the General Sales/Credit Terms you receive each time we send a Proforma
Invoice and/or Order Confirmation to you and always available on
www.bundles.it/agreement. If you disagree with our “ETHICS” and/or “SALES/CREDIT
TERMS” please do not buy from Bundles srl.
Board of Directors
Release 1.2 11/03/2015
GENERAL SALES / CREDIT TERMS
The Customer acknowledges that he has read and fully understands the
ETHICS and GENERAL SALES/CREDIT TERMS on www.bundles.it/agreement,
constitutes the entire agreement. Unless Customer gives BUNDLES srl (hereinafter
referred to as “BUNDLES”) written notice within seven (7) days of BUNDLES Order
Confirmation date, the agreement is considered accepted in full. There are no
oral or other representations not included herein.
Samples shall be considered purely indicative of the characteristics of the
material. Stones may have natural defects. Some stones may contain filler. The
uniformity of color and veining for all materials, even if specifically
requested, can only be provided on a best-efforts basis, taking into account the
particular characteristics of the requested materials.
Orders confirmed by the Seller can be modified and/or cancelled in writing and
not later than seven (7) days of BUNDLES Order Confirmation date. BUNDLES is not
asked to accept later modifications and/or cancellations.
All the materials are shipped at the own risk of the Buyer. BUNDLES cannot be
responsible for any partial and/or full damage during the transportation.
Customer requests that BUNDLES may sell Products on account. In consideration of
this, Customer and BUNDLES agree as follows: Customer shall pay the full amount
of each invoice according to the terms written on the invoice. Customer agrees
to pay a service charge on the outstanding balance for which payment has not
been received according to terms stated. The service charge shall be 2% per
month of Customer’s outstanding past due balance. Such service charge shall
become part of Customer’s outstanding balance. Unless otherwise
specified in writing, terms are always of the invoice date.
Unless otherwise specified in writing, all prices are EX FACTORY
CARRARA, ITALY. Therefore, BUNDLES IS NOT RESPONSIBLE FOR ANYTHING HAPPENING
AFTER CONTAINER IS SEALED AND GOES OUT OF BUNDLES GATE.
Pricing for all future purchases is subject to change without prior notice.
Customer agrees that any delivery deadlines that may be agreed shall be subject
to the clarification in good time of all contract details and to the fulfillment
in good time of all Customers’ obligations. If BUNDLES should be late with
delivery, then the Customer, having granted in writing a reasonable extension to
the delivery period, shall be entitled to withdraw from the contract. The right
of the Customer to withdraw from the contract shall be limited solely to that
part of the contract where BUNDLES is late with delivery. Any further claims
arising from a delay in delivery, particularly claims for compensation are not
Stones are nature’s products: the color and veining may vary. BUNDLES will
furnish stone products with color and veining near as possible to the approved
sample and/or picture. Customer recognizes and agrees that a sample represents
the shade and veining as closely as possible in a small piece; and that because
stones are natural products they cannot be matched exactly, nor does it give the
same effect in a small sample as in a large architectural work. Customer also
recognizes that all stone products may contain natural veins, fissures,
pinholes, and natural stains and is the natural state of the product. Bundles
will apply resin whenever needed and Customer recognizes that resin may alter
the natural color of the stone.
Customer acknowledges that it has special skill and knowledge in the selection
and use of the Products to be purchased from BUNDLES and expressly disclaims any
reliance upon any statements or representations made or to be made by BUNDLES.
BUNDLES MAKES NO WARRANTIES ON THE PRODUCTS TO BE PURCHASED, EITHER
EXPRESS OR IMPLIED. BUNDLES DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE
IMPLIED WARRANTY OF MERCHANTIBILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE. THE CUSTOMER WAIVES ANY LIABILITY UPON BUNDLES FOR ANY
DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF
THIS AGREEMENT OR THE PRODUCTS TO BE PURCHASED. BUNDLES SHALL NOT BE LIABLE
UNDER ANY CIRCUMSTANCES FOR ANY AMOUNT IN EXCESS OF THE CONTRACT PRICE OF THE
PRODUCTS THAT ARE THE SUBJECT OF ANY CLAIM OR DISPUTE UNDER THIS AGREEMENT.
BUNDLES DOES NOT ACCEPT BANK CHECK(S) AS METHODS OF PAYMENTS. INVOICE(S)
MUST BE PAID USING ONE OF THE FOLLOWING METHODS OF PAYMENTS: BANK WIRE TRANSFER,
CASHIER CHECK, STAND-BY LETTER OF CREDIT, IRREVOCABLE LETTER OF CREDIT. ANY BANK
CHECK RECEIVED WILL BE RETURNED AND INVOICE(S) WILL REMAIN UNPAID.
If Customer fails to pay pursuant to the terms of this Agreement BUNDLES elects
to take legal action to collect this account, Customer shall pay all costs
incurred by BUNDLES including, but not limited to: Attorneys fees, collection
agency fees, court costs, deposition and transcript costs, expert witness fees,
sheriff’s fees, special process server fees and bond costs. The law of Customer
shall govern. Customer waives any right to a jury trial.
Customer assigns to BUNDLES as security for any indebtedness, incurred or to be
incurred to BUNDLES, all of its existing or hereinafter acquired: accounts,
accounts receivable, contract rights, chattel paper, equipment, inventory and
all other assets and the proceeds of any such assets.
Customer shall be responsible for the products and he does NOT dispose
of the property without paying off the debt. If the law of the
Country/State in which the goods are located allows no right of retention of
title, then a form of security similar to the right of retention of title
possible in the Country/State concerned is considered as being agreed. If, for
the existence of such security, any action on the part of BUNDLES is required,
then BUNDLES is to take any steps that are necessary for the establishment and
maintenance of such security. If the Customer fails to pay BUNDLES elects to
take the material back. Customer authorizes any of its employees to sign a
purchase agreement and agrees to be bound by the terms of such agreement.
The use of Customer’s purchase order or purchase order numbers is for Customer’s
convenience and identification only. The signed Order Confirmation and this
Agreement supersede the terms of any purchase order received by BUNDLES. Absence
of a purchase order or purchase order number shall not nullify liability for the
Products purchased or constitute grounds for non-payment.
If there is a change in ownership of Customer’s business entity, the principal
owners will remain personally liable for any indebtedness incurred on the
account even if they later incorporate or sell the business, unless Customer
gives BUNDLES written notice of said change in status by Certified Mail-Return
Receipt Requested. Personal liability shall continue for the account balance
incurred before said notice is received.
Inspection before loading is strongly encouraged. If Customer prefers not to
inspect the products before the loading, he agrees to inspect all Products
immediately upon delivery to verify: (a) the quantities described in the
accompanying delivery ticket are the quantities delivered and (b) there are no
visible defects. Customer agrees to examine all delivery tickets and invoices
upon receipt. BUNDLES considers the container delivered on the date on which the
shipping company declares “container delivered”. Unless Customer gives BUNDLES
written notice within seven (7) days of delivery, Customer waives any claim it
may have for any determinable deficiency or defect in said delivery or Products
and any objection it may have to the amount of the invoice. NO CLAIM
WILL BE CONSIDERED UNLESS MADE WITHIN SEVEN (7) DAYS OF DELIVERY, NO CLAIM WILL
BE CONSIDERED FOR MATERIAL THAT HAS BEEN CUT AND NO CLAIM WILL BE CONSIDERED FOR
MATERIAL ONCE IT HAS BEEN INSTALLED. Customer may request BUNDLES’
authorization to return Products within seven (7) days after delivery. No
returns will be accepted without prior authorization from BUNDLES. If BUNDLES
authorizes return of the Products, then Customer may return Products to BUNDLES
for a refund.
No returns will be accepted without a written claim. If BUNDLES authorizes
return of the Products, then Customer is responsible for and must pay for
shipping, handling and insurance costs relating to the return of Products. ALL
SALES ARE EX FACTORY ITALY AND BUNDLES IS NOT ASKED TO REFUND ANY AMOUNT IN THE
EXCESS OF THE INVOICE AMOUNT. IN CASE OF CLAIM OR RETURN, BUNDLES WON’T PAY FOR
ANY EXPENSE(S) CUSTOMER PAID FOR OCEAN/INLAND TRANSPORTATION, DUTIES, UNLOADING
AND INSURANCE CHARGES.
Products accepted by a carrier in good order shall be consider delivered by
Customer. Notwithstanding anything to the contrary contained herein, upon
acceptance of the Products in good order by the delivering carrier and receipt
of a clearly signed delivery ticket, BUNDLES’ responsibility is terminated. If
the Products are damaged or short, claim should be filed with the delivering
carrier. Therefore, Customer should inspect Products for damage or shortage upon
delivery by the carrier. If damage or shortage is found; 1) Note the damage or
shortage on the freight bill; 2) File a claim immediately with carrier. Freight
lines require notification of damage within ten (10) days of delivery. If for
some reason you are unable to inspect the product immediately, note on the
freight bill “Accepted subject to hidden or concealed damage.” In no case will
any adjustment be made for shortage or damage NOT reported on the Bill of
BUNDLES’ failure to strictly enforce any provision of this Agreement shall not
be a waiver thereof and shall not excuse Customer from strict performance. Time
is of the essence of this Agreement. The parties agree that this is the entire
agreement and that no oral representation or agreement has been made which would
modify this Agreement or be a condition precedent or subsequent to the
enforcement of this Agreement and that this Agreement may not be modified except
by a writing signed by each of the parties. If one or more of the terms and
conditions of this Agreement is determined to be invalid or unenforceable, the
Parties agree that all remaining terms shall remain in full force and effect.
Carrara, MS Italy
Release 5.a 26 february 2015