Sales Terms and Warranty
1) GENERAL TERMS
Our sales and deliveries are made exclusively subject to the terms provided herein that are intended as fully accepted by the Customer. Any amendments or exceptions to the general terms and in particular the sales terms shall be valid only if in writing and do not represent any innovation to the contract, without compromise to these general sales terms which are in any case intended as confirmed. We reserve the right to make any modifications to our products we deem fit.
2) ACCEPTANCE OF ORDERS
Orders are intended as accepted by MESCOLI CALDAIE only if confirmed in writing.
Prices may be automatically increased or decreased and are accordingly intended accepted as such with respect to eventual list price increases applicable on the date of shipment. Prices are however intended as fixed if, upon order, part payment equal to half of the price plus VAT is made.
Payments made to the Company are intended as settled. Even if payments are made by draft or bank bill, same are intended as agreed at the domicile of the seller.
Bills are accepted in payment subject to collection and with the discount-related interests at the expense of the Customer. If payment has not been made after 10 days from expiry of the payment term indicated by the invoice, MESCOLI CALDAIE shall have the right to issue a sight draft including expenses and the discount-related interests. MESCOLI CALDAIE reserves the right to suspend and cancel the supply, including supplies in the process of being shipped and previously accepted orders, if payments are not made within the terms established. Eventual claims do not entitle the Customer to suspend or defer payments.
5) LIEN AGREEMENT
Goods remain the property of MESCOLI CALDAIE, through to full payment by the Customer, with the right to collect the same should payment not be made.
6) DELIVERY TERMS
When a delivery term is indicated, same is intended as approximate and non-binding. Delivery terms are calculated in working days, excluding all and any liability for direct and indirect damages due to late delivery.
7) DELIVERY CONDITIONS
Goods travel at the risk and danger of the Customer even when delivered on a carriage paid basis, given that all shipments are made against the specific order of the Customer.
Customer shall be responsible for unloading materials from the transport means that make the delivery, without any liability on the part MESCOLI CALDAIE in the case of damage to materials or persons deriving from such operations. Damages should be reported to the carrier who makes the transport.
WARRANTY TERMS AND CONDITIONS
The boilers of Mescoli are covered by Warranty subject to the following conditions:
1) Testing – Testing is carried out on the premises of the purchaser by a qualified installer, authorised to make installation in accordance with applicable laws, who after successful testing will stamp the Warranty confirming that installation has been made correctly and in compliance with the installation instructions provided by the Use, Maintenance and Installation Manual.
2) Warranty – Supplier guarantees the product for a period of 24 months from the date of installation and guarantees proper running of equipment and the quality of materials. During the Warranty period, Supplier shall repair or replace any faulty components caused by poor quality materials or construction faults, on a free supplier’s premises basis, provided such components are delivered, against express written request of Supplier, to the premises of the Supplier on a carriage paid basis. If repair or replacement is made at the place where equipment is installed, the travelling and accommodation expenses of the Supplier’s technicians shall be at the expense of the Purchaser while the flat-rate daily allowance of the technician shall be paid by the Supplier. If the intervention requested during the Warranty period should not be caused by construction faults but by faults/malfunctioning of the system, all and any expenses sustained by Supplier (including the flat-rate daily allowance of personnel and cost of materials) shall be at the expense of the Purchaser. The Warranty does not cover defects and faults caused by improper use of equipment, inadequate maintenance, modifications not authorised by Supplier, normal wear and tear, malfunctioning caused by installation of the system not complying with the installation instructions provided by the Use and Maintenance Manual, use of fuel having characteristics different to those indicated (see Chapters 2, 3, 4 and 5 of the Use and Maintenance Manual). In addition, the Warranty does not cover breakages caused by running of equipment at a pressure exceeding the maximum operating pressure indicated by the Use, Maintenance and Installation Manual. The obligations provided by the Warranty do not authorise suspension of any payments due. Late payment will entail cancellation of all and any rights under the Warranty. The parts or components retained to be faulty should be sent to the Constructor’s premises only after this has been expressly agreed. All transport expenses sustained to return goods retained to be faulty shall be paid by the Purchaser. The components replaced under Warranty remain the property of the Supplier.
3) Claims – Purchaser shall immediately check the goods supplied upon arrival. All and any rights deriving from faults or defects of the products supplied, damaged or missing materials, whatever the cause, shall be considered only if the claim is forwarded in writing within the term provided by law. In the case of faults or defects Supplier may, at its discretion, replace the defective goods either by repairing the same or delivering new materials.
4) Assembly – First start up – The equipment, which is generally incorporated in a system, will be shipped with adequate instructions when the supply is made; no assistance is provided for the first start up. Should Purchaser require technical assistance at its premises, Supplier may forward its qualified personnel with all travelling, board and accommodation expenses, including the flat-rate daily allowance of personnel, at the expense of the Purchaser. Supply does not include assembly of the system, electric connections, masonry and/or mechanical works required for assembly and running of equipment.
5) Safety Measures – All safety measures must be implemented and complied with and safety components or devices should be checked regularly to ensure that they are efficient and undamaged.
6) Descriptive Documents – Illustrations, dimensions, drawings and any other information indicated by the catalogues and tables are intended as non-binding. Only the data indicated by the order confirmation or contract are intended as binding.
7) Disputes – The court having jurisdiction in the case of disputes related to this supply shall be exclusively that of Modena.
8) This Warranty shall be valid only if signed by the Purchaser and the qualified Installer authorised to make installation in accordance with applicable laws, sent by registered letter to: Mescoli Caldaie S.r.l. – Via del Commercio, 285 – 41058 Vignola (MO).