- FINALIZATION OF THE AGREEMENTS: all the orders that the Purchaser shall send to the Vendor shall be understood to be finalized only when the Vendor has accepted them in writing, forwarding the Purchaser specific order confirmation.
- PRICES: the deliveries will be made on the basis of the price lists in force at the time of Order Confirmation. The prices shall be understood to be net of taxes or dues of any kind, collection costs, interest, storage, transport, unloading, installation and assembly costs.
- RESERVATION OF OWNERSHIP: in accordance with and for the purposes of Article 1523 of the Italian Civil Code, the goods supplied by the Vendor shall remain the property of the latter until the price has been paid in full. The Purchaser is prohibited from selling, lodging as security or freely loaning, leasing and/or moving from its warehouse the goods subject to reservation of ownership, goods which the Vendor may claim wherever they be found. The Purchaser is obliged to report any possible attachment or executive action concerning the goods, brought by third parties. The reservation of ownership also remains if the Purchaser is granted extensions to the payment terms originally agreed. In the event of termination of the contract due to breach by the Purchaser, the instalments paid over will be understood to be acquired by the Vendor by way of indemnity, subject in any event to the right of the latter to obtain compensation for additional damages suffered.
- TRANSFER OF THE RISKS: as from the data of delivery to the carrier tasked with the transport activities, all the risks for the perishing and/or deterioration of the goods as well as any liability for damages to individuals and/or objects, will be exclusively the responsibility of the Purchaser.
- DELIVERIES AND TRANSPORT: the deliveries will be carried out by the Vendor on a compatible basis with its purveying and transport possibilities. The possible delivery terms indicated below are merely indicative and non-binding for the Vendor. In no event will delays, interruptions, total or partial suspensions of the deliveries provide the Purchaser with the right to request the termination of the contract or compensation for any damages. Transport is at the diligence, liability and expense of the Purchaser.
- PACKAGING: the packaging costs are payable by the Purchaser. Return packaging is not accepted.
- PAYMENTS: in the absence of differing written terms, the payment of the price will have to take place at the time the Purchaser receives the Order Confirmation from the Vendor and in any event before the delivery of the goods. The same is applicable for all the costs encumbering the goods. For no reason and in no event may the Purchaser defer or suspend the payments beyond the agreed due dates. Invoices not challenged within eight days of their receipt, shall be understood to be definitively accepted. Irrespective of the form of payment agreed, the Purchaser is responsible for all the related costs andcharges, as well as the risks of theft and/or loss of the documents during postal and/or bank circulation. The bills are accepted by the Vendor subject to usual reserve and do not represent novation of credit.
- BREACHES OF CONTRACT: in all cases of delay of payment. The Vendor shall have the right – without formal intimation being necessary for this purpose – to the payment by the Purchaser of default interest as per Article 5 of Italian Legislative Decree No. 231/2002. The failure of the Purchaser to pay the balance or (in the event that payment in instalments is agreed) one or more instalments, will involve for said Purchaser the forfeiture of the benefit of the term, thereby permitting the Vendor: (i) to immediately exact the whole amount, (ii) to suspend the deliveries of the goods, even if invoiced, and (iii) to terminate, in full or in part, the contract, subject and without prejudice to the right to all other solutions offered by the law.
- ESTABLISHED WARRANTY: Tecnoeka’s products are exclusively designed for food use and are covered by warranty complying with Laws Regulation (article n. 1490 and following) for professional users such as VAT holder customers purchasing from Distributor. Tecnoeka’s products are professional and certified according to the IEC 60335-1 standards and can only be sold to professional users. With the exclusion of any additional warranty, the Seller will repair, at its sole discretion, only those parts of its products which prove vitiated by an original defect provided that, subject to revocation, the customer has reported the defect within 12 months from 'purchase and reported the defect within 8 (eight) days of the discovery, in writing enclosing a copy of the invoice, receipt or sales receipt proving the purchase. As well as in the event that the customer is not able to produce the invoice, receipt or sales receipt proving the purchase or are not respected the terms outlined above, the guarantee is expressly excluded in the following cases:
- Any failure or breakage of components caused by transport.
- Damage caused by inadequate electrical, plumbing and gas installation than provided in the installation manual, or by an abnormal function of the same.
- Damage resulting from incorrect installation of the product, or installation not in accordance with the requirements in the installation manual, and in particular damage due to failure of the chimneys and the discharges which this product is connected.
- Product use for purposes other than those it is intended for, as specified and resulting from the technical documentation released by Tecnoeka.
- Damage caused by use of the Product not in accordance with instructions contained in the user and maintenance manual.
- Product tampering.
- Adjustment Operations, maintenance and repair of the product performed by unqualified personnel.
- Use of non-original or not authorized parts by Tecnoeka.
- Damage or defect caused by negligent and / or reckless of the product, or in contrast with the instructions prescribed by the instruction and maintenance manual.
- Damage caused by a fire or other natural events and in any case any damage by accident or addicted to any cause not dependent on the manufacturer.
- Damage to parts subject to normal wear that need to be replaced periodically.
Also excluded from the guarantee: the painted or enameled parts, knobs, handles, mobile or removable plastic parts, light bulbs, glass parts, seals, electronic parts, and all the possible accessories, transport costs from the based consumer, the end user and / or purchaser to the seat of Tecnoeka Ltd. and vice versa. The warranty doesn't include also the oven's replacement costs and the related installation costs. The warranty excludes products purchased as used or purchased from third parties not connected or authorized by Tecnoeka.
TECNOEKA SRL is not responsible for damages, direct or indirect, caused by the product failure, or following to the forced suspension of use of the same.
Warranty repairs do not result in the extension or renewal thereof.
Parts replaced under warranty are in turn a guarantee of 6 months from the date of shipment, attested by a movement document issued by Tecnoeka.
Nobody is authorized to modify the terms and conditions of guarantee or to release other verbal or written.
- AVAILABILITY AND SUPPLY OF SPARE PARTS: Tecnoeka Srl guarantees the supply of spare parts for a period not exceeding 24 months from the invoice date of the appliance purchased. After that date, availability of spare parts cannot be guaranteed.
- 11. APPLICABLE LAWS AND COURT OF COMPETENT JURISDICTION: the supply relationships will be regulated by Italian law, with the express exclusion of the international law norms and the Vienna Convention on the International Sales of Movable Assets dated 11 April 1980. Any disputes will fall under the exclusive jurisdiction of the Padua Court.