General Terms and Conditions of Sale
Effective Date: [Insert Date]
These General Terms and Conditions of Sale ("Terms") govern all sales of goods and services by MAINETTI UK ("Seller", "we", "us", or "our") to any purchaser ("Buyer", "you", or "your"). By placing an order, the Buyer expressly acknowledges and agrees to these Terms, which shall prevail over any contrary terms proposed by the Buyer, unless expressly accepted in writing by the Seller.
I. Orders & Contract Formation
- All offers are non-binding unless expressly stated otherwise.
- A sale is confirmed upon written approval or commencement of production or shipment.
- Modifications post-confirmation require prior written approval.
II. Payment Terms
- Invoices are payable in full before shipment unless otherwise agreed.
- Late payment results in:
- 1.5% monthly interest on overdue amounts
- 15% fixed indemnity on unpaid balance (min. £65)
- Buyer bears all collection and legal costs.
- No right of offset or deduction without written approval.
III. Pricing & Taxes
- Prices exclude VAT and applicable taxes/duties.
- We reserve the right to revise prices before order confirmation.
- Buyer bears cost changes due to exchange rates, duties, or shipping.
IV. Risk & Transport
- Shipments are made at the Buyer's risk from dispatch.
- We are not liable for transport delays, loss, or damage.
- Insurance must be requested and paid for by Buyer.
V. Delivery Terms
- Delivery times are indicative only.
- No liability for late delivery or damages.
- Force majeure releases us from obligations.
- Partial deliveries are permitted.
VI. Claims & Returns
- Visible defect claims must be made within 8 days via registered mail.
- Hidden defect claims within 15 days of discovery.
- Returns only accepted with written authorization.
- Unauthorized returns will be refused and returned at Buyer’s expense.
VII. Cancellation & Modifications
- Cancellation must be sent via registered letter within 5 days of order.
- Cancellation fees apply (min. 25% of order value).
- No cancellation accepted for custom or personalized products.
- Approved mock-ups waive future error claims.
VIII. Retention of Title
Ownership remains with MAINETTI UK until full payment is received. Buyer shall not resell, transform, or pledge the goods before full payment. In case of default, we may reclaim goods at Buyer’s expense.
IX. Liability
Our liability is limited to the replacement or refund of defective goods. We are not liable for indirect or consequential damages including but not limited to loss of profits, production downtime, or reputation harm.
X. Intellectual Property
All designs, concepts, logos, layouts, and packaging models created or proposed by MAINETTI UK remain our property. Unauthorized use is prohibited and subject to legal action.
XI. Confidentiality
All information exchanged during the commercial relationship is confidential and may not be shared with third parties without written consent.
XII. Governing Law & Jurisdiction
These Terms are governed by UK law. All disputes are subject to the exclusive jurisdiction of the courts of Brussels.
XIII. Severability
If any clause herein is deemed invalid, the remaining clauses remain fully enforceable.
XIV. Data Protection
In compliance with the GDPR (EU Regulation 2016/679), your personal data is processed solely for order execution and customer service purposes. You may access, correct, or delete your data by contacting us at sales.uk@mainetti.com