Page 83 - ERCOS - LISTINO SEDILI

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