Page 112 - ERCOS - LISTINO RICAMBI - FIDRA

GENERAL TERMS OF TRADE GENERAL TERMS OF TRADE

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