Italian design and technology in the uplifting system
Italian design and technology in the uplifting system
TERMS AND CONDITIONS
General Terms and Conditions
1) Contract
This offer of sales becomes a contract upon its signing. The contract immediately becomes binding for the Customer, whereas it becomes such for Rerman only after the signature of the pro-forma invoice and the technical spec sheet of the product/ service. Any other modification shall not be considered valid unless provided by written agreement between both Parties.
2) Withdrawal and compensation
In case the Customer wants for some reason to withdraw from the contract, he must notify Rerman in writing by registered letter with return receipt. Rerman, on execution of all sums payable by the Customer, after having examined the work progress, even if partial, will quantify the amount to be charged to the Customer, compensation for loss of earnings included, which must be paid within 30 days from the date of termination of the contract. After the payment is made, the contract shall be deemed terminated in all fairness.
3) Draws and preparatory works
The travel of the plant shall be checked and confirmed by the Customer to an accuracy of plus or minus 10 mm. According to the draw, the Customer will have to prepare, at his own expense, the place for installation, completely finished, plastered, dry and well-lighted before the beginning of the installation. Besides he will also have to equip the accessory electrical system. A dry lockable room as a storage deposit of materials and tools will be put at Rerman’s disposal. The walls of the hoist way should be sufficiently thick for anchoring brackets of guide supports and for sustaining thrusts of the plant in movement, which is indicated in the technical draw. This appropriateness will be approved by an engineer registered in the professional Association.
4) Shipment of materials
The material should be received in the Customer’s site, whose staff will unload it. Any freight cost for non-delivery, delays due to the absence of the Customer’s staff responsible for the unloading, will be completely at his own charge. In case the materials ready for shipment cannot be shipped for some reason that does not concern Rerman, the shipment is to be considered carried out upon submission of goods readiness notification, and when the storage period exceeds 30 days, the Customer is obliged to pay for fair compensation for Rerman’s warehousing.
5) Installation
The installation starts after having received the Customer’s notification of completion of all the preparatory works. Masonry works of the machine room and the hoist way, scaffolding executed in full compliance with local regulations and the electrical works as per indications in the technical draw, should be terminated at least 5 days before the beginning of the installation. In case of delayed commencement not caused by Rerman, the due payments must be carried out normally, according to the contractual agreements, on notice of readiness for shipment. At the final assembly operation the rest of Rerman’s expenditures will be calculated and duly invoiced. Rerman will dispatch an installer in whose disposal the Customer will have to put all the needed. The Customer will be responsible both for the materials delivered on site and the assembly tools from such effects as fire, theft, tampering and deterioration and so on.
6) Payments and Invoices
Payments shall be made to Rerman, which may delay the readiness of the materials, the suspension of the installation or the postponement of the putting into service of the plant in case the Customer is not up to date with the payments.
At the completed delivery of the plant, Rerman will have the right not to take steps to the functioning and final proofs of the plant until the Customer has fulfilled all the overdue payments. On late payments the interests of the official bank rate will be applied. Payments carried out by the Customer pursuant to the contract will be charged as follows:
1. Interest on late payment;
2. Fees and contractual expenditure, recovery and legal costs included;
3. Unpaid tranches starting with oldest expiry date;
4. Any other balance due to the principal.
In case the delivery is destined by the Customer for a third party, the third party will have to be informed on all the delivery terms, Rerman will always have the right to claim, where necessary, the said materials, and this also with regard to third parties. The invoices sent by Rerman to the Customer, being not disputed by the latter by means of a registered letter within no later than 8 days from their receipt, will be definitely considered as accepted by the Customer.
7) Prices variance
The prices indicated in the contract have been calculated on the basis of the cost of materials and manpower on the date of the contract itself, on the basis of the ANIE Federation Economic Department reports. The calculation system of any possible variation, may it take effect on the costs during the period of sales execution, will be made on the basis of the price changes clause in the elevators sector published by ANIE.
8) Final functional test of the plant
The supplied plant is meant to be positively tested by means of functional proofs carried out by our test driver. The start-up formalities are of the Customer’s relevance. It is intended that putting into service of the plant once assembled and tested by us, will be under the Customer’s sole responsibility, and should be carried out in full compliance with the current laws and practices, in this way releasing our Company from any burden. In the event of the improper use of the plant, any civil and criminal liability goes to the Customer.
9) Warranty
The warranty is valid for 24 months starting from the date of the final functional test of the product. All repairs under warranty must be carried out by and/or requested at a service centre authorized/certified by Rerman. No repairs may be carried out prior to authorized repairs, on pain of rendering the warranty null and void. Rerman will repair and or replace, at its discretion, any part that should prove defective within the scope of ordinary use, through a service centre authorized by Rerman. Rerman reserves the right to make final decisions regarding the approval of warranty claims. Each product must be subject to regular maintenance according to the documentation supplied and only original Rerman spare parts may be used. Any component replaced under warranty becomes the property of Rerman. All replacement components substituted under warranty will be considered a part of the original product and, consequently, the warranty for such components will expire along with that of the original product. The warranty is not transferable; therefore, any warranty claim must be submitted by the original owner. The warranty is limited to the replacement of parts (and the cost strictly tied to replacement) that have presented a manufacturing defect or assembly fault. The warranty does not cover any other liability and/or obligation as regards additional expenses, as well as direct and/or indirect damage or losses due to both total and partial use and/or impossibility of use. The warranty on Rerman original spare parts is valid for 12 months starting from the date of purchase on behalf of the customer and user, as documented by the receipt of sale. This warranty does not cover:
10) Retention of title
It is expressly understood that the materials and the sold tools are wholly owned by Rerman until the Customer’s full payment execution of the agreed price. The partially paid materials shall not belong to the structure in which they have been installed, legally keeping the right of Rerman to claim these materials against the third parties and to provide, in accordance with art. 1524 of civil code, the transcription of the current title retention agreement, by now approved by the Customer. The Customer, in accordance with art. 1523 of cc, takes all the risks of the sales from the moment of delivery and the propriety only upon payment of the supply.
11) Jurisdiction
The competent law courts of Brescia shall have exclusive jurisdiction in any dispute arising out of or in connection with this contract.
12) Insolvent case
The signer of the contract is obliged to pay the amount due to the Rerman company, in the event the Customer proves insolvent. 13) Personal data: it is informed that the personal data supplied by you or acquired in the process of our activity, shall be preserved in accordance with art. 10 and Law of 31st December 1996 n. 675 and with the confidentiality obligations respected by our society while carrying out its proper activities.
This offer of sales becomes a contract upon its signing. The contract immediately becomes binding for the Customer, whereas it becomes such for Rerman only after the signature of the pro-forma invoice and the technical spec sheet of the product/ service. Any other modification shall not be considered valid unless provided by written agreement between both Parties.
2) Withdrawal and compensation
In case the Customer wants for some reason to withdraw from the contract, he must notify Rerman in writing by registered letter with return receipt. Rerman, on execution of all sums payable by the Customer, after having examined the work progress, even if partial, will quantify the amount to be charged to the Customer, compensation for loss of earnings included, which must be paid within 30 days from the date of termination of the contract. After the payment is made, the contract shall be deemed terminated in all fairness.
3) Draws and preparatory works
The travel of the plant shall be checked and confirmed by the Customer to an accuracy of plus or minus 10 mm. According to the draw, the Customer will have to prepare, at his own expense, the place for installation, completely finished, plastered, dry and well-lighted before the beginning of the installation. Besides he will also have to equip the accessory electrical system. A dry lockable room as a storage deposit of materials and tools will be put at Rerman’s disposal. The walls of the hoist way should be sufficiently thick for anchoring brackets of guide supports and for sustaining thrusts of the plant in movement, which is indicated in the technical draw. This appropriateness will be approved by an engineer registered in the professional Association.
4) Shipment of materials
The material should be received in the Customer’s site, whose staff will unload it. Any freight cost for non-delivery, delays due to the absence of the Customer’s staff responsible for the unloading, will be completely at his own charge. In case the materials ready for shipment cannot be shipped for some reason that does not concern Rerman, the shipment is to be considered carried out upon submission of goods readiness notification, and when the storage period exceeds 30 days, the Customer is obliged to pay for fair compensation for Rerman’s warehousing.
5) Installation
The installation starts after having received the Customer’s notification of completion of all the preparatory works. Masonry works of the machine room and the hoist way, scaffolding executed in full compliance with local regulations and the electrical works as per indications in the technical draw, should be terminated at least 5 days before the beginning of the installation. In case of delayed commencement not caused by Rerman, the due payments must be carried out normally, according to the contractual agreements, on notice of readiness for shipment. At the final assembly operation the rest of Rerman’s expenditures will be calculated and duly invoiced. Rerman will dispatch an installer in whose disposal the Customer will have to put all the needed. The Customer will be responsible both for the materials delivered on site and the assembly tools from such effects as fire, theft, tampering and deterioration and so on.
6) Payments and Invoices
Payments shall be made to Rerman, which may delay the readiness of the materials, the suspension of the installation or the postponement of the putting into service of the plant in case the Customer is not up to date with the payments.
At the completed delivery of the plant, Rerman will have the right not to take steps to the functioning and final proofs of the plant until the Customer has fulfilled all the overdue payments. On late payments the interests of the official bank rate will be applied. Payments carried out by the Customer pursuant to the contract will be charged as follows:
1. Interest on late payment;
2. Fees and contractual expenditure, recovery and legal costs included;
3. Unpaid tranches starting with oldest expiry date;
4. Any other balance due to the principal.
In case the delivery is destined by the Customer for a third party, the third party will have to be informed on all the delivery terms, Rerman will always have the right to claim, where necessary, the said materials, and this also with regard to third parties. The invoices sent by Rerman to the Customer, being not disputed by the latter by means of a registered letter within no later than 8 days from their receipt, will be definitely considered as accepted by the Customer.
7) Prices variance
The prices indicated in the contract have been calculated on the basis of the cost of materials and manpower on the date of the contract itself, on the basis of the ANIE Federation Economic Department reports. The calculation system of any possible variation, may it take effect on the costs during the period of sales execution, will be made on the basis of the price changes clause in the elevators sector published by ANIE.
8) Final functional test of the plant
The supplied plant is meant to be positively tested by means of functional proofs carried out by our test driver. The start-up formalities are of the Customer’s relevance. It is intended that putting into service of the plant once assembled and tested by us, will be under the Customer’s sole responsibility, and should be carried out in full compliance with the current laws and practices, in this way releasing our Company from any burden. In the event of the improper use of the plant, any civil and criminal liability goes to the Customer.
9) Warranty
The warranty is valid for 24 months starting from the date of the final functional test of the product. All repairs under warranty must be carried out by and/or requested at a service centre authorized/certified by Rerman. No repairs may be carried out prior to authorized repairs, on pain of rendering the warranty null and void. Rerman will repair and or replace, at its discretion, any part that should prove defective within the scope of ordinary use, through a service centre authorized by Rerman. Rerman reserves the right to make final decisions regarding the approval of warranty claims. Each product must be subject to regular maintenance according to the documentation supplied and only original Rerman spare parts may be used. Any component replaced under warranty becomes the property of Rerman. All replacement components substituted under warranty will be considered a part of the original product and, consequently, the warranty for such components will expire along with that of the original product. The warranty is not transferable; therefore, any warranty claim must be submitted by the original owner. The warranty is limited to the replacement of parts (and the cost strictly tied to replacement) that have presented a manufacturing defect or assembly fault. The warranty does not cover any other liability and/or obligation as regards additional expenses, as well as direct and/or indirect damage or losses due to both total and partial use and/or impossibility of use. The warranty on Rerman original spare parts is valid for 12 months starting from the date of purchase on behalf of the customer and user, as documented by the receipt of sale. This warranty does not cover:
- Defects caused by contaminated oils, or those due to the use of inappropriate oils or lubricants.
- Packaging or transportation costs relative to the warranty claim.
- Products that have been modified or altered without prior written authorization of Rerman.
- Defects due to, but not limited to, normal wear and tear, accidents, improper use, abuse, negligence.
- Collisions, fires, floods and/or other accidental events, including those geological or atmospheric events.
- Costs due to delays in repairs or replacement of defective parts or rental of equipment used during repairs.
10) Retention of title
It is expressly understood that the materials and the sold tools are wholly owned by Rerman until the Customer’s full payment execution of the agreed price. The partially paid materials shall not belong to the structure in which they have been installed, legally keeping the right of Rerman to claim these materials against the third parties and to provide, in accordance with art. 1524 of civil code, the transcription of the current title retention agreement, by now approved by the Customer. The Customer, in accordance with art. 1523 of cc, takes all the risks of the sales from the moment of delivery and the propriety only upon payment of the supply.
11) Jurisdiction
The competent law courts of Brescia shall have exclusive jurisdiction in any dispute arising out of or in connection with this contract.
12) Insolvent case
The signer of the contract is obliged to pay the amount due to the Rerman company, in the event the Customer proves insolvent. 13) Personal data: it is informed that the personal data supplied by you or acquired in the process of our activity, shall be preserved in accordance with art. 10 and Law of 31st December 1996 n. 675 and with the confidentiality obligations respected by our society while carrying out its proper activities.
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