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Sales Conditions Terms, orders, returns and warranty
Last Edited on 2014-09-12
A) General Sales Conditions
The general sales conditions contained herein are valid indiscriminately for all sales transactions that Elenos Srl finalizes with its Customers.
Orders placed by Customers must always be sent in writing, any Order that may have been placed verbally, also by telephone, always being followed by written confirmation of the Order being sent.
Orders received by Elenos Srl and signed by the Customer are to be considered accepted if, within 30 days of receipt, Elenos Srl shows its consent to the Customer; the deadline of 30 days is accepted by the Customer sending the Order, is also binding by agreement between the parties and is finalized upon Elenos Srl checking the correctness of the Order and the opportunity to supply the products or services specifically requested by the Customer.
Orders received by Elenos Srl are, in any case, to be considered confirmed and validly accepted only within the exact limits of the terms contained within its official price list; any change to the price, warranty or contract implementation terms, must be countersigned in a special clause by Elenos Srl, who may, on the other hand, within 30 days of sending written confirmation to the Customer, cancel the Order without any penalty, compensation or obligation of any kind to the Customer, notwithstanding the return of any deposit paid, without interest charges.
Should within the implementation terms of the agreement Elenos Srl not have the total quantity of products ordered by the Customer, it has the right to proceed with partial implementation since this is henceforth considered to be of common interest for the contracting parties. The corresponding price is accepted by the customer of the amount present in the official price list, reduced by 10% unanimously considered adequate by the parties, provided that the result of this quantification does not exceed the original price of the order.
Any addition, annotation, enclosure, etc. to the Order is not valid unless the express signature of Elenos Srl is included at the bottom of the page.
It is not permitted to add new material to be delivered requested by a Customer relative to an Order already sent and confirmed by Elenos Srl, since the Customer can at any time place a new Order pursuant to the first paragraph, which will be separate from the previous order, even if it is teleologically or practically connected to the same order.
If the delivery of the products and/or the effective provision of the service included in the Order is not possible according to the agreed terms by deed or fault of the Customer, the Customer must cover the increased costs quantified by Elenos Srl after the latter produces the documentation certifying the increased delivery costs, plus 10% as a penalty agreed; should the delivery and/or the service be refused or rendered permanently unable by the Customer to Elenos Srl, the latter can cancel the Order ad nutum by notifying the Customer in writing, withholding the full amount of any deposit paid and the parties agree on a further payment obligation still as a penalty from the Customer to Elenos Srl in the amount of 20% of the remaining price.
If the delivery of the products and/or the effective provision of the service included in the Order are not made, even partially, by Elenos Srl, or are made with a delay of over 90 days with respect to the agreed date, the Customer can cancel the Order ad nutum by notifying Elenos Srl in writing, who must refund any deposit collected and compensate the Customer for the damage previously quantified in accordance with the latter in the amount of 3% of the Order price. All of the above applies with the exclusion of any cases of force majeure or unforeseeable circumstances, including strikes, wars, fires or natural disasters, which exempt Elenos Srl from all responsibility. No compensation is due by Elenos Srl in the event of a delay of less than 90 days in implementing the Order with respect to the agreed date, and the cancellation of the actual Order by the Customer is not permitted.
Changes to the Customer’s company name, its liquidation or bankruptcy, the definitive sentencing suffered by the Customer in relation to crimes against property or the Public Administration, as well as failure to pay the deposit or any other down payments agreed upon, give Elenos Srl the right to suspend the Order for a maximum of 60 days, granted to the Customer in order for it to provide suitable guarantees of fulfillment to be freely evaluated by Elenos Srl, to whom the unquestionable power to cancel the Order is however granted, upon written notification to the Customer, withholding any deposit paid.
Notwithstanding the provisions of point A3), the prices of the Orders are those, expressed in Euro, relative to the official price list in force when the Order is placed. For orders received by foreign customers expressed in different currencies from Euro, Elenos Srl reserves the right to state the pre-chosen payment currency on the order confirmation with reference to the delivery date.
D) Payment Conditions
The payment must be made directly to the address of Elenos Srl in the form and according to the terms agreed. Notwithstanding express agreement countersigned by Elenos Srl, the Customer cannot pay the price of its Order directly to agents or employees of Elenos Srl outside the registered office of Via G. Amendola n. 9, Poggio Renatico – Ferrara – Italy.
In the event of delayed payment attributable to the Customer, the latter is obliged to pay Elenos Srl statutory interest calculated based on the provisions of Legislative Decree, 9 October 2002 no. 231 from the expiry date of the invoice.
In the event in which the agreements made envisage delayed and deferred payment either fully or partially with respect to the delivery of the products, the Customer is obliged to provide a suitable guarantee of its fulfillment to Elenos Srl by a special bank or insurance guarantee upon the first request thereof, for the amount of the remaining sums due. Failure to provide the aforementioned guarantee authorizes Elenos Srl to cancel the Order and withhold the deposit by way of penalty.
The products sold to the Customer by Elenos Srl are covered by a 24-month warranty from the FOB date of shipment from Elenos Srl; this warranty covers both the customer and any subsequent purchasers of the product, as long as it is kept in excellent condition, and covers all types of faults due to defective parts on the product itself. An essential condition for the warranty issued by Elenos Srl to operate effectively is the registration of the product by the Customer through the website www.elenos.com/product-registration/.
The Customer expressly accepts the exclusion of Elenos Srl from the warranty of any faults caused by electric shocks, incorrect power supply voltages, negligence, carelessness or unskillfulness by the Customer, repairs, servicing or checks performed by unauthorized staff, installation or replacement of original parts with parts, systems or spare parts not supplied directly by Elenos Srl or by its authorized distributors, use of products other than those envisaged and any action or fact attributed to third parties who are granted availability of the products, or without the Customer being aware thereof, after the latter has received the delivery of the products.
The Customer is responsible for the installation, maintenance and inspection of the products, as well as checking that the climatic and environmental conditions in which the products are placed for their use are suitable and do not compromise operation, all according to the Elenos Srl instruction manual delivered with the purchased product. Otherwise, should the Customer fail to observe the instructions contained in the instruction manual, and the minimum diligence required of normal users of the equipment, the warranty granted by Elenos Srl shall be invalid and the Customer takes full responsibility for the risk and any damage suffered by the products.
The warranty expressly excludes the damage suffered by the products due to fires, floods or other natural disasters, wars, revolts, and in all cases in which the products are material object of a crime.
The warranty also expressly excludes damage suffered by products after the delivery of the goods by Elenos Srl to the carrier, the Customer being responsible for any risks connected with transport, whose time-frames, costs and methods are chosen and covered by the Customer.
Maintenance and replacement of any defective parts of products, are performed according to this warranty provision exclusively by the following parties: a) Engineers operating within the Elenos Srl after-sales service; b) Elenos Srl qualified center of excellence; c) Support facilities provided by Partners or by the Elenos Srl Reseller. The complete list can be found at http://www.elenos.com/excellence-centres/.
Should the Customer encounter a fault while the warranty is in force, it must send immediate written notification to Elenos Srl and send the product to Elenos Srl or the nearest qualified Elenos Srl center at its own cost; Should the product purchased by the Customer fall within the category of “reduced mobility” products (weight over 50 kg), the maintenance or replacement of the defective part will take place in the place where the equipment is located by an engineer from the nearest qualified Elenos Srl center. All of the above is valid notwithstanding the judgment of the engineer appointed by Elenos Srl of the existence of one of the cases of exclusion from the warranty indicated above.
New Components used for replacement of defected parts which has a warranty of 24 months, has an autonomous original warranty of 6 months issued by Elenos Srl starting from the day of substitution. This warranty regards only substituted parts and is valid only if the replacement is made by Elenos Srl or an authorized center in respect of comma 6. and 7. For the other components, the original warranty will not be interrupted, but will be available until his normal end. If the replacement is not made by a Elenos Srl or one of his qualified center, no warranty will be released to the customer, will it be for damages regarding the changed part or other components. As we know, all Elenos Srl’s products are originals in all their parts and their functionality are perfectly balanced by the interaction of each of them. Changing or updating one of these component, if not made by authorized subjects as detailed in comma 6, could affect the correct functionality of the products and will affect negatively the warranty released by Elenos Srl.
If the client ask for a replacement of a damaged part after the end of the warranty, a new warranty of 6 months will be released for and only the replaced component. This warranty will be available only if the replacement is made in respect of the comma 8: Obviously in all these case, the replacement made by Elenos Srl will be paid by the client according to terms and conditions previously took by the parts.
If the replaced components brakes within the new warranty terms of 6 months, the warranty will be void if the damage is caused by another components which is not in warranty or by other previously defected parts signaled by Elenos Srl to the customer and the customer did not authorize their replacement.
Elenos Srl sells products that are the state of arts in his field of activities and they are periodically replaced by new products that brings constantly new features derived from the technological evolution of broadcasting; As result, all parts are subjected to deprecability and Elenos Srl is able to guarantee the replacement of those parts in respect of the product bought by the customer for a period of 45 months starting from the day of purchase. These terms are expressively fixed and accepted by the customer.
For any order having in object “Used” material, there is no warranty for those items, and the customer, advised of this peculiarity, accept these non availability of warranty. The parts agrees to include within all materials known as “Used” all refurbished products and components, or those products or parts no more available for selling or successively reworked by Elenos and/or his authorized qualified centers.
F) Exemption from liability
The Customer acknowledges having been informed by Elenos Srl in advance of all the safety regulations relative to the use of the products purchased and the consequent implications in terms of damage to health, environmental pollution, etc. and, therefore, declares to indemnify and hold harmless Elenos Srl from any requests for compensation for damage caused to third parties, including employees, by the incorrect use of the products purchased.
G) Confidentiality obligations
The products, services, software, licenses, trademarks, commercial secrets, product know-how, copyright and other intellectual property rights, as well as all the confidential information contained in the documentation supplied with the products, their parts, or of which the Customer may be made aware upon finalizing the agreement with Elenos Srl, remain the exclusive property of Elenos Srl. All the parts and materials used, the assembly techniques, instruction manuals, warranties and everything envisaged by these clauses are considered an industrial secret and as such are protected firstly by Italian law and by relevant EU law, as well as being guaranteed by International Agreements in force on the finalization date of the agreement.
The Customer is responsible not only for its own improper use of the above information and rights, but also for the use thereof by third parties following lack of diligent conservation on their premises and lack of protection thereof by the Customer; such conduct generates responsibility of the Customer against Elenos Srl for any damage suffered by the latter that can be attributed to such omissions.
H) Reference regulations
This relationship is governed by Italian regulations and, for anything not expressly envisaged by the agreement, the regulations of the Italian Civil Code are considered applicable. Both parties agree to submit definitively to Italian jurisdiction, waiving any future exception to this point.
I) Competent Court
For any legal dispute resulting from the agreement, the parties agree that the Court of Ferrara – Italy shall have exclusive jurisdiction. This conventional derogation to the territorial competency is justified, according to the common understanding of the parties, by the need to protect the principle of reasonable duration of the proceedings, particularly facilitated by the possibility of quicker and less expensive access by the court-appointed experts or consultants to the production chain of the Elenos Srl products located in its registered office in Poggio Renatico (FE).
The Customer expressly agrees to the collection, use and processing of their personal data, as supplied in the purchase Order, by Elenos Srl pursuant to Legislative Decree no. 196 of 30 June 2003.