CONDITIONS OF SALE
These conditions are applicable to all transactions carried out with the client. These conditions will also be valid and fully applicable, although, being aware of the existence of other general conditions of the client C. & G. CARANDINI, S.A.U. (Hereinafter CARANDINI) accept without reservation the commercial relationship with it. Carandini only recognizes the customer’s alternative conditions that have been expressly accepted in writing by Carandini.
- Shipping and insurance
The goods always travel at the buyer’s risk, even if the shipment is made freight prepaid. Before taking charge of the expedition, the buyer must ensure that the packages are in perfect condition. In case of detecting any breakdown, shrinkage or breakage, it must demand its opening in the presence of an Agent of the Transportation Company or of the Insurance Company in its case.
- Delivery deadlines
The delivery terms are approximate, and begin to count from the date of acceptance of the order by Carandini.
Urgent orders are always delivered to freight collect. Delays in deliveries will not entitle the buyer to compensation, suspension of payment or the total or partial cancellation of the order of the material.
- Cancellation of Orders
Once an order has been received by Carandini, any total or partial cancellation of the order will only be accepted during the 48 hours following its entry into our system.
The buyer has the obligation to check the goods upon delivery and to conform the delivery note of the carrier with the company’s stamp and the date. If there is no stamp, you must indicate the name and ID number of the person who delivered the material and the date. Any anomaly or non-conformity detected in the delivery of the goods must be indicated on the Carrier’s delivery note. Any anomaly detected later must be communicated in a reliable manner within a period of no less than 8 calendar days from delivery to the Carandini Customer Service Department.
Refurns will only be accepted for products that have been expressly authorized in writing by Carandini. For Carandini accept said return verify that the material:
1. Figure in the current product offer.
2. It is in perfect condition.
3. The packaging, the label and the seal are the originals.
4. The sale of the product to be returned must have occurred within 3 months prior to the date of request for the return. It is essential to indicate the invoice number, delivery note or order of Carandini.The “Fittings”and the products that are nor included in the current offer, are expressly manufactured for that customer’s order and can not be returned unless special written authorization from Carandini.
** Returns will only be accepted with the corresponding copy of the Letter of Authorization sent by Carandini. The return postage will be borne by the Buyer and a minimum demerit of 15% will be applied.In the event that the return has produced for a reason attributable to Carandini, the Buyer will report the incident through the Customer Service Department of Carandini. Once Carandini confirms his responsibility, we will take care of the collection of the material to be returned at no cost to the applicant and no depreciation will be applied.
In the event that a view occurs in any material supplied, the customer will contacted the corresponding Commercial Technician or the Customer Service Department to report the damage caused.
The “Document of Acceptance of Repair Conditions” will be generated, which will be sent to the customer. It is an inexcusable condition for the customer to comply with these conditions so that the material to be repaired is accepted by Carandini. This document must accompany the material that the customer sends for repair.
Once failure causes analyzed, two assumptions can be made:
a) If the cause of the fault is attributable to the quality of the product, the repaired material will be returned to the sender, postage paid and without any cost.
b) If the cause of the fault is not attributable to the quality of the product, if not that it has been due to external causes such as, for example, installation or misuse of the product, the repaired material will be sent to the sender postage due to and the cost corresponding to the repair will be billed.
- Payment terms
The terms and payment conditions will be detailed in the order confirmation. Carandini is reserved the right to demand full or partial payment in advance, upon acceptance of the order.
The total or partial delay in the payment of overdue invoices by the customer, grants Carandini the right to cancel or suspend the delivery of any order to said customer. In the same way, the non-payment of any overdue invoice will imply the accrual of late payment interest from the expiration date thereof until its full payment. Notwithstanding the foregoing, all expenses arising as a result of the return of the effects drawn will be paid by the customer.
- Conditions withdrawal of merchandise
Carandini is reserves the right to apply to the client a daily penalty of 0.5% on the value of the merchandise of the order for each day that said merchandise remains in the Carandini facilities from the seventh day, from the notification to the client of power remove it.
- Retention of title
The sale is understood to be made under reservation of ownership so that Carandini keeps the property of the supplied good until the total and effective payment of the agreed price. The effect of the client is committed to provide their collaboration for the effectiveness of this reservation of title, signing whatever public or private documents as necessary, if any.
All samples will be invoiced initially. They will be fully paid to your return, provided they are in good condition.
Unless expressly stipulated in the offer or acceptance of the Carandini order guarantees the proper functioning of the conventional luminaires and their auxiliary equipment in conditions that are indicated for a minimum period of 2 years.
Likewise, unless expressly stipulated in the offer or acceptance of the order, Carandini guarantees the proper functioning of the LED products and their control devices against any manufacturing defect for a minimum period of 5 years (depending on the hours of use and of room temperature).
Upon request and for special matters warranty extensions may be agreed upon.
The guarantee will be effective provided that the installation and operating conditions are within the normal values of use for which they have been designed, according to the characteristics declared in our catalogues, technical datasheets, assembly instructions or others in which it may have related or agreed with the client.
This warranty covers the supply of the defective components and the cost of replacement, possible special or indirect damages, such as loss of income, damage to property or other costs not mentioned above such as the cost of labour, auxiliary means or any other related expenses. The warranty action must be previously and expressly agreed upon by the parties, and the applicant is obliged to provide all the information, operating data, installation parameters, etc. requested by Carandini’s quality department.
Excluded from the warranty are (i) damage and / or defects due to normal wear and tear due to the use of the products (ii) improper or inappropriate use, (iii) failure to comply with the operating and assembly instructions, technical specifications or recommendations made by Carandini , (iv) use of inappropriate or non-recommended accessories or spare parts, inadequate maintenance or maintenance, (v) incidents attributable to the customer’s production process, (vi) handling by the customer without assistance from Carandini, (vii) in general, any cause it is not directly attributable and attributable to Carandini.
The acceptance by the buyer of our invoices or delivery notes and of the merchandise listed there, implies their implicit conformity to our general conditions of sale.
- Limitation of liability
Carandini will not be obliged or accept to indemnify the client, the user or third parties, for the consequences of the use of the products, for direct or indirect data, accidents suffered by people, damage external to goods outside the product and / or loss of profit. In addition to the foregoing, in no case may Carandini’s liability exceed the sale price of the property for which damages are claimed. Any claim and, in particular, that of a possible claim for damages will prescribed within a period of 1 year.
- Intellectual and industrial property rights
Carandini reserves all rights of intellectual, industrial and / or commercial property as well as its “know-how” about the object of the order and the Client acknowledges Carandini’s rights and any copy or imitation of the product or its use for purposes other than that agreed in the commercial relationship is prohibited, which includes any document, plan, manual, description or technical specification, cost estimates or any other tangible or intangible information to which the client has had access during the commercial relationship with Carandini .
- Legislation and Jurisdiction
Both the contractual relationship with the client and the general conditions of contract are subject to Spanish law.
For any question or difference that may arise, both regarding the commercial relationship and the interpretation or compliance of the conditions of sale both parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the City of Barcelona, with express waiver to the jurisdiction of your domicile. However, Carandini, may choose and impose at its discretion, the exercise of legal actions in the jurisdiction of the client’s domicile.
© Carandini. Version: 2020.01