GENERAL SALE CONDITIONS

1. GENERAL TERMS
The contractual relationship resulting from the acceptance of each individual order is governed by these sale conditions. Any different or specific conditions must be expressly approved by O.M.G. Prodotti Diversificati S.R.L. Orders placed with auxiliaries or intermediaries of commerce are accepted subject to O.M.G. Prodotti Diversificati S.R.L. approval.

2. OFFERS
The documents that are part of commercial offers, such as illustrations, drawings, weight and dimension specifications, are to be considered indicative, unless explicitly stated as binding.
O.M.G. Prodotti Diversificati S.R.L. reserves the right of ownership and copyright relating to cost estimates, drawings and other documents, which shall not be made accessible to third parties. The client assumes full responsibility for the documents provided to O.M.G. Prodotti Diversificati S.R.L. in the event of a violation of third-party industrial property rights, including in relationship with O.M.G. Prodotti Diversificati S.R.L.

3. CONFIRMED ORDERS
O.M.G. Prodotti Diversificati S.R.L. reserves the right to reject or accept, even partially, any subsequent changes to the order proposed by the purchaser. In case of acceptance, the new commercial terms will be set by the seller. A customer who cancels a confirmed order, regardless of the reason, is required to fully pay for materials and supplies already ordered by O.M.G. Prodotti Diversificati S.R.L. which is in any case entitled to a minimum compensation of 25 % of the agreed price, with the right to retain this amount from any amount received as an advance payment.

4. PRICES
Prices are considered to be ex works O.M.G. Prodotti Diversificati S.R.L. except in case of different written terms. The prices indicated in the current price lists or offers, if not yet negotiated, may be subject to change at any time as of the dates unconditionally fixed by O.M.G. Prodotti Diversificati S.R.L.

5. PAYMENTS
Payment for supplies must be made by the deadline and on the terms agreed in the order. Each shipment is considered independent of the others for payment purposes. Delayed payment or any other non-compliance gives the right to suspend the remaining supplies and to terminate existing contracts, in addition to placing the buyer in default with immediate accrual of default interest.
All overdue amounts automatically entails the application, with full right, of default interest calculated from the day after the deadline, increased by 8 points above the rate set by the E.C.B. in compliance with Italian Legislative Decree 192/2012, without prejudice to O.M.G. Prodotti Diversificati S.R.L.'s right to demand payment.

6. DELIVERY TERMS
Agreed or confirmed delivery terms are expressed in working days and are only indicative and legally non-binding, except in the case of binding commitment by O.M.G. Prodotti Diversificati S.R.L. that must expressly appear in the order confirmation, and except in case of force majeure.
Any delays in any event give rise therefore to compensation for damages or even partial termination of the contract, except where otherwise indicated in the order confirmation.

7. SHIPMENT AND TRANSPORT
Unless otherwise agreed in the order confirmation, the sale is ex works O.M.G. Prodotti Diversificati S.R.L. Partial shipments are allowable. If O.M.G. Prodotti Diversificati S.R.L. is to pay the transport costs to the destination, the risk of loss or damage to the goods, as well as any additional costs arising from events occurring after the delivery of the products to the carrier, shall be borne by the buyer from the moment the merchandise are handed over to the carrier.
Any reserves, claims for damages or actions related to transport, must be raised by the buyer exclusively against the carrier within the absolute term of eight days from receipt of the goods, since O.M.G. Prodotti Diversificati S.R.L. is in no way responsible for events occurring after the delivery of the goods to the carrier.

8. FAULTS AND DEFECTS
Any claims for goods not corresponding, both in quantity or quality, to what agreed in the order, must be raised in writing no later than 8 days after receipt of the goods, under penalty of forfeiture of the warranty.
If the complaint is timely and well-founded, O.M.G. Prodotti Diversificati S.R.L 's obligation is limited to the replacement of non-conforming goods (in any case at supply conditions), at the same location as the initial delivery, excluding any right of the buyer to request rescission of the contract and compensation for direct or indirect damages and refund of expenses for any reason incurred.
O.M.G. Prodotti Diversificati S.R.L. will not accept claims and will not be liable for damages suffered by third parties upon the occurrence of any of the following conditions :
- inappropriate or incorrect use of the product;
- defective assembly by the buyer or a third party;
- natural wear and tear;
- incorrect or negligent handling;
- electrical or chemical effects not attributable to O.M.G. Prodotti Diversificati S.R.L's faults;
- the buyer loses every right of claim, and therefore the replacement of the goods, in the event that it fails to immediately suspend the use of the contested products.

9. RETURNS OF GOODS
In case of buyer's error in ordering, the material may be returned exclusively carriage free, upon written authorization of O.M.G. Prodotti Diversificati S.R.L., only if perfectly intact and unused.

10. CONSTRUCTIVE CHANGES
O.M.G. Prodotti Diversificati S.R.L. can make any constructive changes to its products without any obligation to notify the buyer. Changes made after the order cannot give rise to any claims for compensations.

11. PRODUCT IMAGES
Product images displayed in the general catalog and on the website are representative only, and may not reflect the visual features of the ordered goods.
The aesthetic requirements of the products must be checked by the buyer during the ordering process, failing this, any right to request order cancellations or returns is excluded.