Terms and conditions
The terms that are below are brought to customers’ attention and make the law of the parties. For all export sales, and simple request will be sent in English.
1. .All sales handled by our agents for our society becomes definitive only after acceptance, confirmation (or invoice) of the order by the company X Failure to return without changes or reservations in this confirmation of sale within eight days after its receipt by mail, email or fax, will constitute acceptance of conditions by the buyer.
2. All sales are ex our warehouses or out property. Shipped free or not, our goods are always at risk of the recipient, who will be examined regularly by the driver, lack, breakage, if any, with express reservations made on the delivery receipt before take possession. No claims for broken or missing will be accepted unless you have been noticed by the driver and written on the delivery. It will fall because the recipient to exercise all remedies against carriers, in accordance with Articles 105 and 106 of the commercial code.
3. Complaints concerning the quality of the goods excluding all transportation disputes, will be made immediately upon delivery at our establishment or withdrawn in case of a defect and in the month of actual delivery or withdrawn in case of a defect not apparent at first. We confirm to have taken out professional liability insurance covering the risks and damage caused to the buyer's non-compliance of our products, both in terms of packaging, analytical standards or European health. The buyer agrees to make every reasonable effort as soon as possible so as to enable the seller to request support from its insurers or claims for which liability could be incurred. It is recalled that all goods must be stored in premises and adequate conditions for their conservation; wines suffer from excessively low temperatures (below +5 ° C) or excessively high (above 25 ° C). Our corporation disclaims all responsibility in case the wine would be stored in conditions that do not correspond to the standards specified above. IT belongs to the carrier, freight forwarder or customer to take the necessary precautions to ensure that the wines are stored in the ideal conditions required.
4. Our availability in vintages may exceptionally be run out for one of our crus. We may in this case propose the replacement increased by equivalent of the same origin, same quality after a client's agreement on this new cru. We cannot guarantee delivery of the exact amount specified in the contract mainly because of breakage or loss during the bottling.
5. Our delivery times or availability are approximate and cannot be guaranteed in a formal way. The parties agree to a period of two weeks in addition to the time specified herein and after being given notice by the buyer. We cannot be held responsible for delays by the carrier in the delivery of packages.
6. All our goods are payable at our domicile or deemed as such, no exemption to this clause, including the leader of the payment method or reason for accepting the settlement.
Unless specifically agreed that should have been accepted by our society, the payment of our invoices are in cash. Unless otherwise specified and accepted by the registered goods are payable net, following the terms of current prices, our order and our address, without discount or premium of any nature. Failure to pay a single payment does not qualify for a deferral permitted becomes due and payable automatically and without prior notice to the integrability of the claim with damages and interest at the applicable rate of the total amount of and debt relief under the loads imposed upon the corporation, the money owed is in addition subject to legal interest.
7. It is expressly stipulated that all clauses printed in margins or in the body of letters or purchase orders of customers and contrary to the above clauses may be invoked.
8. The company guarantees the quality of its products but its responsibility cannot be sought beyond the pure replacement of defective merchandise.
9. In case of dissolution of the purchasing company, in case of death of the purchaser, change the legal nature of the operation, the cessation of payments, liquidation or winding up by court the merits of the buyer of default of a single payment, the company reserves the right to reject any and all deliveries.
10. The Commercial Court of x is only competent to know any disputes that may arise between the company and its customers x, even in cases of multiple defendants or guarantee call.
11. Reservation of ownership Law No. 67563 of 13/07/67 as amended and supplemented by Law No. 80335 of 12/05/80 Section 59-65-66. Pursuant to the laws above, the goods remain the property of the seller until full payment of principal and interest. If it is sold before the purchase price is settled, the claim of ownership exercised over the price or part of the resale price which is expressly accepted by the buyer, who have read this clause and accept it without reservation.
12. Specific provisions for reservation. Delivery of wines to be reserved may be made after the full implementation of the conditions specified on the confirmation of contract, invoice or reservation or proforma invoice. Failure of market conditions allows the seller to obtain a market cancellation of sales, or request the full implementation with immediate cash on withdrawal automatically and without prior notice. If the seller keeps the market, while late payments will result in the imposition of interest at the bank rate en effect in that time and storage costs related to this delay incurred by the salesman. Storage costs and insurance will be included in the selling price unless otherwise stipulated in the contract. Disaster of any kind relating to the evolution of wine itself or external costs involved on wines to be reserved sellers expressly reserves the option of withdrawing from the market the products which have deteriorated or missing, to keep only goods absolutely intact, compared to the total stock, and pay the client the money paid based on the initial billing.