GENERAL CONDITIONS OF SALE OSNAGHI PISCINE S.R.L.



  • General Provisions

These General Conditions of Sale apply to any order placed with Osnaghi Piscine S.r.l.. Placing an order implies the reading and acceptance of these General Conditions of Sale, published on the website www.osnaghipiscine.it under the heading “General Conditions of Sale” and attached to the order confirmation form. These conditions apply to the exclusion of any other clause or condition, except for any specific clauses previously agreed in writing and signed by the parties.

Orders placed by email, telephone, fax, or mail imply acceptance of the General Conditions of Sale. Osnaghi Piscine S.r.l. reserves the right to modify these General Conditions of Sale at any time. Any additional clauses or specific purchase conditions that are incompatible with these General Conditions, even if reported on the customer’s order, will be considered void.


  • Orders

All orders are irrevocable and must always specify the quantity, technical specifications, and all information necessary for the correct identification of the products. The Customer must provide all necessary information to ensure (a) the correct processing of the technical specifications and (b) all information regarding the transformation process and end-use of the products. The provision of any documentation and/or certifications must be requested at the time of ordering and accepted in writing by Osnaghi Piscine S.r.l.. The request for specific indication of the origin of the goods must be communicated at the time of ordering.

Orders submitted by the customer, in any form, will not be binding on Osnaghi Piscine S.r.l., which may therefore refuse to accept them or accept them only partially at its sole discretion. The origin of goods not accepted by the customer after the order has been accepted cannot be considered a valid reason for cancelling or terminating the order.

Any requests for documentation and/or certifications and/or specific indications of the origin of the goods, made after order acceptance, will not be binding on Osnaghi Piscine S.r.l., which, where possible, reserves the right to provide them upon reimbursement of any additional costs to be determined. The inability to satisfy requests for documentation and/or certifications and/or specific indications of the origin of the goods, made after order acceptance, will not constitute valid grounds for cancelling or terminating the order.

Any subsequent requests for changes and/or cancellations must be submitted in writing and will not be valid unless accepted in the same form by Osnaghi Piscine S.r.l.

Osnaghi Piscine S.r.l. reserves the right to refuse the change and/or cancellation and to fulfill the original order.

Osnaghi Piscine S.r.l. may, in any case, suspend the supply in the event of a decrease in the buyer’s solvency, such as, for example but not limited to, protests, seizures, foreclosures, bankruptcy proceedings, and generally prejudicial actions.

In such an event, Osnaghi Piscine S.r.l. may, at its discretion, suspend performance of the contract and require the release of personal or real guarantees, or terminate the contract due to the buyer’s breach, pursuant to Article 1456 of the Italian Civil Code, also requiring immediate cash payment of the overdue amount and any invoices due by registered letter with return receipt.


  • Delivery and Shipping

Delivery is always considered free at the supplier; all risks relating to the products are transferred to the customer at the supplier’s facility, prior to loading.

If the Customer fails to collect the products, Osnaghi Piscine S.r.l. may store them on behalf and at the Customer’s risk and, upon notification of availability, invoice them as if they had been delivered. In any case, Osnaghi Piscine S.r.l. reserves the right, without notice, to resell them and to seek compensation for any damages suffered.

Upon request, Osnaghi Piscine S.r.l. will take care of the transport of the products at the Customer’s risk, cost and expense.

Goods travel at the customer’s risk. It is the customer’s responsibility to verify the integrity of the packages and the quantity received before collection. Any complaints must be made directly to the carrier upon delivery.

Osnaghi Piscine S.r.l. reserves the right to make partial deliveries, issuing invoices to be paid within the terms agreed upon in the order confirmation. The delivery of a smaller quantity of products than ordered does not release the Customer from the obligation to accept delivery and pay for the delivered products.

Unless expressly agreed otherwise in writing, failure to process an order beyond the expected delivery times will not entitle the Customer to request termination of the Contract.

Any delivery terms are purely indicative and have no contractual value.

Any delays in product delivery will not, in any case, result in any liability on the part of Osnaghi Piscine S.r.l. The customer will therefore not be able to attribute or request compensation from Osnaghi Piscine S.r.l. for any damages suffered due to any delays in product delivery.


  • Prices

Unless otherwise expressly indicated in the Order Confirmation, prices are net of all taxes and transportation, insurance, shipping, storage, and similar charges, which are the responsibility of the Customer. Any increases in these charges that take effect after the date of the Order Confirmation are the responsibility of the Customer. If, during the course of the supply, material cost increases, exchange rate fluctuations, or other factors occur, Osnaghi Piscine S.r.l. reserves the right to modify prices, effective from the dates on which such increases occurred.


  • Payments

Payments must be made according to the methods indicated on the order accepted by Osnaghi Piscine S.r.l.. After the agreed payment deadline, default interest will be charged, without the need for prior formal notice, at the rate established pursuant to art. 5 of Legislative Decree 231/2002, without prejudice to compensation for further damages.

In the event of the customer’s failure to comply with the payment terms and conditions, Osnaghi Piscine S.r.l. may: – demand immediate payment of all outstanding balances due to the forfeiture of the payment term; – suspend current supplies or complete them only upon advance payment; – withdraw from all further contracts entered into with the customer and cease ongoing negotiations with the customer; – terminate the contract pursuant to Article 1456 of the Italian Civil Code.



In the aforementioned event of termination of the contract, the customer, in addition to paying Osnaghi Piscine S.r.l. the full amount due, will be required to compensate for all damages suffered as a result of the breach of contract. Osnaghi Piscine S.r.l. reserves the right to request performance of the contract.


  • Complaints and Returns

Complaints regarding any tampering or missing materials must always be submitted by the recipient to the carrier.

The recipient must report apparent defects within eight days of receipt and hidden defects within eight days of their discovery. A complaint will never result in the customer canceling or reducing the order, nor will it result in any compensation being paid by Osnaghi Piscine S.r.l., nor, in any case, in payment beyond the established deadline.

All returns must be approved in advance by Osnaghi Piscine S.r.l. and will only be accepted if the material and its packaging are intact. The disputed goods must be returned free of charge and accompanied by a return slip stating the reasons for the return.


  • Warranty

The Osnaghi Piscine S.r.l. warranty lasts one year from the date of delivery of the goods. This warranty is limited exclusively to the free repair or replacement of parts certified as defective due to material or workmanship defects. The recipient of the goods must report apparent flaws and defects within eight days of receipt, and hidden flaws within eight days of their discovery, under penalty of forfeiture of the warranty. The warranty is void if the parts returned as defective have been tampered with or repaired in any way.

Osnaghi Piscine S.r.l. assumes no responsibility for damage resulting from accidental events of any nature that may occur during the use of the products.




  • Retention of Title Agreement

In the event of a sale in installments or with deferred payment, until the buyer has paid the price in full, the goods supplied will remain the property of the seller and may be reclaimed by the seller wherever they are located, even if combined or incorporated with goods owned by the buyer or third parties, pursuant to and for the purposes of art. 1523 et seq. of the Civil Code.

During the aforementioned period, the buyer will assume the obligations and responsibilities of custodian of the items supplied and will not be able to sell, give for use or pledge, move, allow to be seized or distrained such products without declaring the ownership of the seller and without immediately notifying the latter by certified email or registered letter with return receipt.


  • Credit Assignment

The buyer hereby accepts, pursuant to and for the purposes of art. 1264 of the Italian Civil Code, any assignment of the credit claimed by the seller against him to the factoring company or equivalent, expressly exempting the latter from any further notification obligation, except for confirmation of the assignment by registered mail with return receipt.


  • Complaints – Communications

Complaints and disputes of any kind must be submitted to the seller’s registered office. For the purposes of any order and subsequent contract, the buyer elects domicile as the address indicated on the order cover page, and all communications may be sent to that address, or to a different registered office, at the seller’s discretion.


  • Competent Judicial Court

For any dispute, the exclusive jurisdiction of the Court of Milan is recognized, excluding any derogation for reasons of continence or connection of causes.