Toxin Trading Co Srl International (and National), Terms and Conditions of Sale.
Terms and Conditions (revised) 21 September 2015
These conditions preclude any terms or conditions of purchase the “Customer” may attempt to impose. Acceptance of goods under these terms and conditions constitutes a contract of agreement between the company and the “Customer.” Unless the “Customer” has varied Terms and Conditions of sale agreed in writing (from a Director of the “Company”) before accepting the goods, which is marked on the Invoice and or Delivery Note, the below terms and conditions will prevail at all times.
These terms and conditions will be printed on the back of all invoices /delivery notes and can also be obtained by contacting the sales team at Toxin Trading Co Srl.
*Toxin Trading Co Srl reserves the right to vary these conditions upon giving all “Customers” a minimum of seven days’ notice in writing before accepting any orders or dispatching any goods to them. Such notice shall be deemed given when sent by first class letter to all customers at their last known trading address at least seven days before implementation. All new customers will receive the current “Terms and Conditions” before any sales are made to them.
For these conditions:
- ”Company” shall be deemed to mean *Toxin Trading Co Srl (also trading Drinks Are Us, Beers are Us, and (Wines & Beers, Spirits). which is a private limited company incorporated in the Republic of Italy. Company Registration Number: 120178 Registered September 2015 in Torino. “Customer” shall mean the individual or the organization purchasing the goods. “Onward Customer” shall be a customer that the “Company” introduces to the “Customer” for a commission, which would be payable by the “Customer” to the “Company.”
- ”goods” shall be deemed to mean all products and all Packaging supplied under the cover of each delivery. The goods shall also be recognized in the case of “Under Bond transactions” as a separate entity from any Taxes or Duties the goods may attract in the country of delivery
- ”Delivery” shall mean the lodgment of the goods at the pre-agreed delivery point or the Duty Suspended Warehouse for the Duty Suspended Account of the “Customer.” Such lodgments shall be deemed to fulfill the duties of the “Company” in each contract, and the responsibility for all remaining duties rests with the “Customer.”
Such duties shall include the protection of the goods from all risks. The goods must be properly stored and identifiable as the property of the “Company” until all such duties have been exhausted and the title of the goods passes to the “Customer.”
Where goods are delivered into a bonded warehouse for the Duty Suspended Account of the “Customer,” the liability for such Taxes or Duties as the goods may attract in the country of delivery (or the country it is in transit too) rests with the “Customer”. Where such sale is “Under Bond,” the duty-suspended warehouse and or the “Customer” (where the “Customer” has its account) is entirely responsible for making sure all obligations to pay Duties or Taxes in whatever country the goods are destined for are paid in full. Furthermore, the “Customer” and duty-suspended warehouse will indemnify the “Company” for any shortfall that any government and/or Tax authority may think is payable or is the responsibility of the “Customer” or its bonded warehouse.
- Delivery will be made by the “Company” or its nominated agents or contractors. The “company” shall not be liable for any loss or damage whatsoever arising out of failure to deliver the goods by any particular time or date.
- Any shortages or damages shall be notified on the delivery note before signature and must be countersigned by the driver before they leave the “Customer” premises. Any subsequent claims may only be entertained at the absolute discretion of the “Company”. The price of the goods shall be the price agreed in writing with the “company” at the date of dispatch and noted on the Sales Invoice to the “Customer”.
- The “Customer” will pay for the goods in cleared funds before delivery unless credit terms have been specified in writing under the signature of the “Company” director and marked on the Invoice and/or Delivery notes.
Interest will be charged at 5% above the Republic of Italy base rate on any overdue transactions. This will be invoiced monthly starting 30 days after the payment due date.
- The “Company” will not accept third-party cheques; a receipt should always be obtained for “cash” transactions. The “Company” reserves the right to conduct due diligence and request further identification for any “Customer” who wishes to pay his account in cash and will refuse to accept the money unless such due diligence is fully completed to the satisfaction of the “Company.”
- The “Company” will not supply any goods on a “sale or return” basis and is under no obligation to accept the return of any goods ordered by the “Customer” that were delivered under these conditions.
Should the “Company,” at its sole discretion, agree to the return of any goods, all risks in the goods whilst they are in transit will be the responsibility of the “Customer,” and the “Company” reserves the right to charge compensation for transport costs and loss of trade?
- The title to the property in the goods remains with the “company” until the “Customer” has satisfied all money due to, or falling due to the “Company” under that or any other contract; until such time, the “Company” may exercise its right to inspect the goods and or regain custody of the goods if it considers the “Customer” may be, or may become, unable to fulfill its duties in any contract with the “company.”
Where goods are delivered into a Bonded Warehouse for the Duty Suspended Account of the “Customer,” clauses 2) and 3) do not prejudice the “Companies” entitlement to the property in the goods.
- The “Company” may exercise a lien on any property owned by the “Customer” if there may be insufficient value in the goods to fulfill the “Customer” liability towards the “Company.”
- The “Company” may, on occasion, find an “Onward Customer” for one of its “Customers”. Under these circumstances, the “Customer” must not release the goods to the “Onward Customer” until fully cleared funds have been received by the “Customer” from the “Onward Customer.” Furthermore, all responsibility for verifying that the “Onward Customer” is a reputable company (that conducts itself legally and responsibly) is the responsibility of the “Customer.”
- Any commissions payable by the “Customer” for a sale that was made to an “Onward Customer”, that was introduced by the “Company” is payable within seven days of the “Onward Customer” paying for the goods. It is further agreed that any further sales that are made to the said “Onward Customer”, will attract commissions at the same rate at the first sale, or such further rate that may be agreed between both parties in writing.
- The “Company” may also supply goods to the “Customer,” that is, “Republic of Italy duty paid,” and on these occasions, the invoice will clearly state “Republic of Italy duty paid” invoice. On these invoices, duty will be included in the charge for the goods. At the end of the invoice, these goods (if applicable for VAT) will have a separate charge for VAT at the current Republic of Italy rate. The “Company” guarantees to account for the VAT charged to its “Customer” to the Republic of Italy Tax authorities at the correct time and in the correct manner.
- Where the goods sold have had the Republic of Italy, duty paid on them by the “Company”; a complete record of this payment will be kept for inspection by the relevant authorities, upon the proper representation.
- Where the “Company” has purchased goods “Republic of Italy duty paid” for onward sale, it will also obtain an invoice from its supplier clearly stating that the goods are “Republic of Italy duty paid.” The “Company” cannot be held responsible, apart from producing the purchase invoices to the correct authorities, for any VAT/duty or other Republic of Italy taxes that were not paid on goods purchased by the “Company” in good faith. Under these circumstances, the “Customer” agrees to indemnify the “Company” against any claims that the Republic of Italy VAT or duty or other taxes have not been accounted for to the Republic of Italy tax authorities by any person or organization whatsoever.
The “Company” accepts responsibility for verifying the supplier details (including, but not limited to, the current status of their VAT and “Company” Registration Number) before purchasing any goods from the supplier and for ceasing to trade with any supplier that is not shown as currently registered to trade.
- If the “Company” may feel the need to terminate a contract, the “Company” reserves the right to stop any goods in transit, to suspend further deliveries to the “Customer” and to exercise its rights under these terms and conditions without prejudice to conditions 8) and 10) above.
These conditions are printed on the reverse of all invoices and or delivery notes, and acceptance of our conditions is deemed to be accepted by all “Customers” that wish to do any business whatsoever with the “Company,” unless a written variation is sent by a director of the“Company,” to the “Customer” and this variation is clearly shown on the Invoice and or delivery note.
These conditions shall be governed by and construed following Republic of Italy law and shall be the exclusive jurisdiction of the Republic of Italy courts, provided that nothing in these conditions shall prevent the enforcement of any court order or other award in any other jurisdiction.
Toxin Trading Co Srl is licensed in the Republic of Italy (Reg No.1210178) to deal in Wines, Beers, Spirits, Soft Drinks, and other Commodities.
Please read these terms and conditions and do not hesitate to contact the sales team at *Toxin Trading Co Srl, if you require any further information.
*Greenline Trading, Drinks are Us, Beers are Us, and also Toxin (Wines & Beers, Spirits) are Registered trading names of Toxin Trading Co srl
Registered Office
Via Claudio Luigi Berthollet 4/A, Torino,10125, Italy –
Web page: www.toxindrinks.eu Email: info@toxindrinks.eu,
Telephone: +39 011 0811 523 Fax: +39 011 0811 523.
Thank you very much for your custom.