Customer Bill of Rights
Terms & Conditions
Thank you for your LATICRETE purchase. Please read the following Terms & Conditions carefully.
(1) Contractual Provisions
These terms and conditions, subject to any amendments or modifications agreed upon in writing, govern all sales contracts between us and the Purchaser. The contract is concluded with order acceptance, therefore any future orders or contracts related to supply of our products, shall be ordered with subsequent and distinct commissions.
Changes in terms and conditions of sale, transactions, and allowances, even if made by our agents, shall be binding only after our confirmation in writing and, in any case, limited to specific agreements and orders.
(2) Scope of Supply
We shall supply only the services, materials and quantities specified in our order confirmation or in other written communication sent by us. The details outlined in the order confirmation shall prevail in any case of inconsistent details from any other offer or order.
Partial execution of an order without prior confirmation does not indicate that we have approved the entire order, but rather partial approval for the goods delivered. In this case, receipt of the goods shall be considered acceptance by the Purchaser of the new contractual proposal.
(3) Order Confirmation
If the order confirmation differs from the order or any existing agreements, the Purchaser must challenge these discrepancies by registered letter sent within ten (10) days of receiving the order confirmation, otherwise Purchaser shall accept the order as indicated in the order confirmation.
The goods, whether they shipped free of charge or shipping charged to the Purchaser, are shipped at the risk and responsibility of the Purchaser. All our responsibility ends upon delivery to the carrier, against whom the purchaser shall carry out necessary claims and complaints.
(5) Delivery Terms
The deadline for delivery of goods must be mutually acceptable to both parties. Except for the inclusion of particular clauses, it must be considered purely indicative and not binding. When changes are made to the contract, the delivery date may be extended for a period equal to what was originally agreed to.
Any event of force majeure may suspend the delivery deadline for its entire duration. If by reason of force majeure the contract cannot be executed within 60 days of the date agreed upon, both parties shall be entitled to withdraw from the contract. In this event, the declaration of withdrawal must be sent to the counterpart by registered letter with return receipt within ten (10) days following the expiration of the aforementioned 60 days, mutually excluding reciprocal rights to indemnity or compensation.
The place of payment is at our office of Castelnuovo Rangone, even in the case of issuing bank drafts or receipts, or the issuance of promissory notes. Any deviation to the aforementioned shall be valid only if approved by us in writing.
A delay in payment, even partial, of our invoices beyond the stipulated due date shall result in the immediate application of default interest, calculated at the official discount rate increased by 6 points.
Furthermore, the non-payment or delayed payment of invoices, for whatever reason, shall give us the right, without prejudice to any other action, to require advance payment for any remaining supply, or to consider the contract suspended or even permanently terminated, and to cancel any other pending orders in progress, without which the Purchaser can make claims for compensation or indemnification.
(7) Solve et repete
Except for nullity, annulment and termination of the contract, no exception may be invoked by Purchaser in order to delay or avoid payment.
In case payment must be made as required by the contractual agreement, in whole or in part, any delivered products remain our property until receipt of the full payment of the agreed upon price per the order confirmation.
Our products are warrantied to comply with the Construction Products Regulation (CPR) No. 305/2011 and the European Standards (EN) currently in force. Any claims or disputes must be sent by registered letter, under penalty of forfeiture, exclusively to our registered office in Castelnuovo Rangone (MO) before installation of material and in any case under the terms of the law. The installation of material acts as the declining of action for both obvious or hidden defects, implying an implicit waiver of warranty under Art. 1490 of the Italian Civil Code.
Our warranty provides for the replacement of material found to be defective without any further or different obligation. Any claims made on material do not give the right to Purchaser to suspend or delay all or part of the payment within the agreed terms, pursuant to Article 7.
Upon written request and approval confirmation from LATICRETE Europe S.r.l a socio unico (email@example.com), products that are intact, undamaged, and not yet expired can be returned to the seller at the expense of the customer (i.e. Purchaser).
The returned goods shall be invoiced at 25% of the purchase price. Returns cannot be made more than 15 days after delivery.
Any dispute relating to the conclusion, performance and interpretation of this contract is under the exclusive and absolute jurisdiction of the Court of Modena.
(12) Minimum Order Quantities (MOQ)
LATICRETE® adhesives, screeds, and cementitious waterproofing products all have minimum order requirements (600 kg). Please contact customer service for details (firstname.lastname@example.org)