Agreement

ETHICS

– 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 sometime.

– 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.
Thank you.

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, which 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 accepted.

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 Lading.

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.

Bundles srl
Carrara, MS Italy
Release 5.a 26 february 2015