Page 218 - ERCOS - LISTINO PRODOTTI IN ESAURIMENTO - DELLAFIORE

GENERAL TERMS OF TRADE GENERAL TERMS OF TRADE
Placing an order with ERCOS implies acceptance of the general supply to the right of ERCOS to claim compensation for the amounts due to subjected to strict quality control inspections. All ERCOS products are responsible for any damage or request for reimbursement or compen-
conditions listed below, unless otherwise agreed in writing. it. Bank commissions and any other expenses relating to the chosen guaranteed for a minimum period of two years from the delivery date. sation resulting from failures that are due to incorrect installation, mani-
1.Orders form of payment are charged to the customer. Any irregularity in the Any disassembly and reassembly costs (labour and non-Ercos material) pulation or tampering as indicated above. The parties expressly exclude
All orders will be supplied according to the standard conditions indicated payments involves the immediate suspension of the production of the will only be recognised in the event that the product is defective, cannot any other type of guarantee, including the guarantee for defects pro-
in this agreement. ordered goods, as well as of the shipments in progress. ERCOS will have be repaired and the defect was not visible at the time of installation and vided for in articles 1490 et seq. of the Civil Code, within the limits set
2. Changes and cancellation of orders the right, pursuant to Art. 1460 of the Civil Code, to refuse or suspend could not be detected by testing the product prior to final installation. by the second paragraph of art. 1490 CC; the parties agree only on the
Modifications, cancellations, additions to the order, or requests for par- supplies in the event of default by the buyer for any amount owed to him Any item that within this period shows obvious defects in materials or guarantee referred to in this paragraph, both in relation to the subject
ticular processes/customizations cannot be accepted unless previously or if his patrimonial or financial situation worsens after the conclusion of workmanship, can be repaired or replaced free of charge and delivered and in relation to the content of the guarantee itself
agreed in writing by ERCOS and explicit written acceptance by the the contract and again in the event that his patrimonial guarantees have free of charge provided that: c. For radiant systems:
customer of any cost increases or additional expenses incurred due to decreased or he is subject to bankruptcy proceedings. Failure by the • the customer provides proof of purchase; • the laying, testing and first start-up of the radiant system have not
said changes that will be charged accordingly. customer to pay even a single part of the consideration on the agreed • these defects are promptly and in detail communicated in writing to been carried out and documented according to the UNI EN 1264 - 4
3. Prices and discounts due date will result in the latter’s automatic forfeiture of the benefit of the ERCOS; Standard;
The conditions set out in this agreement are to be understood Ex Works, term for the amounts due not yet due, with the consequent obligation to • no intervention has been carried out by the customer or third parties on • failure to observe safety requirements (lack of safety thermostat, water
excluding transport and VAT. Any agreements made with third parties, pay immediately the entire capital plus interest and expenses. Payments the defective goods without the prior consent of ERCOS; pressure too high in the system), careless or improper use of the radiant
albeit agents of ERCOS, relating to prices and discounts on this price list made to Agents are not recognized unless provided with written authori- • any adjustments and/or calibrations of the radiant systems are not system (radiant system temperatures too high);
are not binding for ERCOS, unless expressly accepted in writing by the zation from ERCOS. included in the guarantee coverage. • there is anti-freeze in the water of the heating system;
latter. Price lists, estimates, offers and prices may undergo changes at any 6. Disputes and Claims • The replaced goods will remain the property of ERCOS. Any replace- • the water in the heating system has not been conditioned with an
time at the unquestionable discretion of ERCOS. Any dispute or complaint relating to goods, damages or defects must be ments or repairs will take place within the time limits compatible with the appropriate “anti-algae” chemical treatment;
4. Transport and Logistics communicated within 8 days of receipt of the goods or in any case within organisational needs of ERCOS staff, which in any case undertakes to • poor or non-compliant functioning due to failure to use materials that
a. Aspects related to logistics management 8 days of the moment of disclosure of the damage or defect, provided carry them out as quickly as possible. However, these repairs carried out are compliant with the development of the Opefloor executive design;
ERCOS reserves the right to fulfill orders even in several partial deliv- that the disputed goods have not been altered or tampered with by third under guarantee will not lead to its extension or renewal. The guarantee • components not supplied by Ercos Spa have been used in the radiant
eries. If the customer wishes to avoid such partial deliveries, he must parties not authorized by ERCOS. Any complaint or objection must be is void for defects or failures arising from abnormal stress, insufficient systems and are not compliant with the intended use;
clearly specify it in the order.ERCOS is exempt from any liability for sent by post to ERCOS, Via San Faustino, 35, 25040 Monticelli Brusati (BS), storage, tampering or any other modification or misuse not permitted • improper repairs not authorised by Ercos Spa;
failed or delayed delivery due to the incorrect choice of the day or time Italy or by e-mail to servizioclienti@ercos.it. by ERCOS and in any case the guarantee expires immediately in the • any extension of the ten-year guarantee of the complete Opefloor
of delivery to the recipient or to the use of a means of transport that is 7. Returns following cases: system lapses if materials other than those from Ercos Spa have been
not suitable for the recipient’s needs, if the particular delivery methods No return or return of goods can be accepted for any reason unless pre- a. For radiators and towel warmers: used;
days and hours of receipt and unloading of goods, requests for delivery viously agreed in writing with ERCOS.For each opening of an unauthor- • the system has been periodically emptied for long periods; 11. Product liability
with specific means of transport (for example: tractor, tail lift, tilt truck, ized and/or non-compliant return procedure, the Company will apply a • installation in steam-operated systems; Any damage to third parties caused by defective products is covered by
etc.) have not been explicitly requested in the order. In the absence of fixed deductible of € 15.00 (excluding VAT) to cover the costs of managing • installation in open or non-hermetically sealed expansion tank sy- a specific insurance policy and will therefore be managed according to
such indications, ERCOS is in fact authorized to ship according to the the procedure and the charging of the costs of delivery and return of stems; the times set by the policy itself.
methods and with the means it deems appropriate and any costs due the material . We do not accept returns (or cancellation of orders) for • addition of chemical additives in the water of the heating system; 12. Jurisdiction
to non-delivery will be charged to the customer. non-catalogue or special products, subject to prior agreement with Cus- • presence of gas, sludge sediment, metal or grease residues in the In the event of a dispute deriving from the supply relationships governed
b. Shipping Responsibilities tomer Service. In any case, the products cannot be returned unless they system; by these general conditions or in any case connected with them, the
Shipping and related responsibilities are regulated according to the are in perfect condition for sale and in the original packaging. • interventions or repairs for defects or failures that are performed judicial authority of the Court of Brescia will have exclusive jurisdiction
incoterms indicated in the order confirmations. Upon receipt of the 8. Packing without the written authorisation of ERCOS, which in this case is also with the express, agreed exclusion of any other competing or alternative
goods, the recipient must check that the packaging is intact, that The packaging of the individual items is included in the sale price and is free from any claim by the customer or third parties in relation to claims court.
the goods are not damaged or defective and that there are no goods normally provided for the subsequent grouping of the goods on a pallet. for damages and reimbursements and other expenses or compensation 13. Applicable Law
missing or different from those ordered. Any complaint relating to the Any special packaging or customizations are possible against a charge. in connection with the intervention; All contracts concluded with ERCOS are subject to Italian law. The parties
packaging, damage or defects, shortages or any other dispute relating The packaging of the radiators will not be taken back. • the accessories, spare parts and especially the nipples and gaskets expressly exclude the application of the provisions of the Vienna Conven-
to the goods received must be immediately reported to the carrier by 9. Technical specifications and drawings used are not original ERCOS parts; tion on the international sale of movable property of 11 April 1980, ratified
signing the transport document with reserve. The reserve must then The drawings and other specifications or technical data contained in • the radiators have not been kept and stored in good condition and with law 11 December 1985, n.765.
be confirmed to ERCOS by registered letter, fax or e-mail to servizio- this document or in other information media published by ERCOS are protected from the elements before being installed on site; 14. Translations
cliente@ercos.it, within 8 days of receipt of the goods. Once this term indicative, are not binding on ERCOS and therefore do not represent a • installation has not been carried out in a workmanlike manner and in As regards the translations of these general conditions into a language
has elapsed, the carrier will be released from any responsibility for the contract with third parties. For industrial reasons and as a function of accordance with the standards and customs of the sector; other than Italian, should there be disagreement or uncertainty about the
goods delivered and therefore ERCOS reserves the right to accept or continuous product development, ERCOS therefore reserves the right • the water used for the construction of the heating system is corrosive meaning or interpretation of one or more of these translated provisions,
reject any reservations sent late at its own discretion. At the request to make changes to said specifications and drawings at any time, even and has degrees of hardness not included in the standard; the Italian version shall prevail.
and expense of the consignee, the shipped goods can in any case be without notice. Likewise, any product samples made available to the • the radiators have been installed in systems with an operating pressure 15. Conclusion of contract
insured against transport risks. customer cannot representa constraint for ERCOS.The specifications, that is higher than the maximum guaranteed and indicated in the The conclusion of the contract will take place after the written acceptan-
5. Terms of payment drawings, specifications, samples, models and equipment and documents catalogue; ce of the order by ERCOS or from the moment in which the execution is
The payment conditions agreed between ERCOS and the customer start that ERCOS S.p.A. will have communicated to the buyer for any reason or • the radiators have been installed in systems with an operating tempe- started by the latter.
from the invoice issue date, are mandatory and must be complied with which are in any case contained in this price list or in other information rature that is higher than the maximum guaranteed and indicated in the 16. Data processing
in any case, unless otherwise agreed in writing. Any deductions or delays media communicated by ERCOS S.p.A. will remain the property of ERCOS catalogue; Both parts are committed to compliance with the Data Protection Regula-
in payments motivated by delays in deliveries, disputes or complaints of S.p.A.. The customer undertakes to keep them confidential and to use • the radiators have been repainted at a temperature above 100 ° C. tion (UE 679/2016 and D.Lgv 30 giugno 2003 n. 196 e ss.mm).
any kind or by credit notes not yet issued or by claims of any other type them exclusively for the execution of this contract. b. For bathroom and toilet and bidet products: For additional information on how the supplier handled your data, please
not recognized by ERCOS will in no case be accepted. The purchaser 10. Guarantees • any deterioration of the chrome plating is due to the use of acid abra- refer to our Privacy Policy.
therefore waives the right to offset against ERCOS any credits, unless the ERCOS SpA declares and guarantees that the products manufactured sive detergents;
latter has paid in full its debts. Bank charges relating to missed or delayed and marketed by them have been constructed in full compliance with • installation has not been carried out in a workmanlike manner and in
payments will be entirely borne by the customer, while default interest national and international regulations covering the sector, the excellent accordance with the standards and customs of the sector, as well as
will be charged at the rate set forth in art. 5 Legislative Decree 231/02, quality of the materials used and the good construction of the appliances the assembly instructions provided by ERCOS supplied with each item.
subject to compensation for any greater damage and without prejudice and that they have been thoroughly tested and The forfeiture of the guarantee implies that ERCOS cannot be held

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