General terms of sale
7.5 The party who successfully invokes this Clause shall be released from its obligation to perform its contractual obligations, from any liability for damages or other contractual remedy for non-performance,
from the time the event inhibits the performance of its contractual obligations, provided that it has been notified without delay. If notice of the event has not been given promptly, the release takes effect from
the time when the notice reaches the other party. The other party may suspend performance of its obligations, if any, from the date of the notice.
7.6 If the effect of the impediment or event invoked is temporary, the consequences referred to in paragraph 5 shall occur only to the extent and for as long as the impediment or event invoked prevents the
interested Party from performing its contractual obligations. The Interested Party shall inform the other Party as soon as the impediment ceases to prevent the performance of its contractual obligations.
7.7 The Interested Party shall take all reasonable steps to limit the effects of the invoked event on the performance of its contractual obligations.
7.8 If the duration of the invoked impediment has the effect of substantially depriving one or both parties to the contract of what they could reasonably expect under the contract, each party shall have the right
to terminate the contract by giving notice to the other party within a reasonable period. The parties agree that, unless otherwise agreed, the contract may be terminated by either party if the duration
of the impediment exceeds 120 days.
7.9 If paragraph 8 applies, and one of the parties has derived a benefit from the performance of the contract before its termination, it will be obliged to compensate the other party for the value of that benefit.
8. GUARANTEES
8.1. Ekinex S.p.A. guarantees the conformity of the Ekinex® products with the legislation and technical standards in force in the EEC.
8.2. Ekinex S.p.A. guarantees that the quality and type of the delivered products correspond to the contract and that they are free from defects that could make them unsuitable for the use for which they are
intended.
The guarantee for construction defects is limited to those defects of the products that are attributable to defects in the material used or to design and construction problems attributable to Ekinex S.p.A..
All Ekinex® products sold by Ekinex S.p.A. are covered by the warranty for good functioning and the warranty for defects and/or faults in design and manufacture for a period of 24 months and therefore also
in accordance with the Consumer Code if the end user is a consumer.
8.3. The warranty operates from the date of delivery of the goods by Ekinex S.p.A., except for the parts that are subject to normal wear and tear. After the expiration of this period, the warranty ceases, even if the
products have not been put into operation for any reason at the end user.
Please note that the warranty on the products purchased from Ekinex S.p.A. is subject to the full payment of the products.
8.4. The above mentioned warranty is effective on condition that the products have been stored and used in accordance with the instructions in the General Catalogue and the technical data sheets provided by
Ekinex S.p.A., that no repairs, modifications or alterations have been carried out without the prior written consent of Ekinex S.p.A. and that the defects found have not been caused by chemical or electrical
agents.
8.5. The Purchaser shall report any defects in writing no later than 8 days after the delivery of the products, while the report of any hidden defects and/or operating defects (that can only be detected after the use
of the product) must be made within 8 days after the discovery of the defect.
The warranty does not apply in the event of malfunctions of the software installed on the Product, which are due to overloads, electrical phenomena due to atmospheric events, interruptions and/or
suspensions of electricity.
8.6. The notification of defects, including hidden defects, must be made in writing to Ekinex S.p.A. by sending a communication to support@ekinex.com within the prescribed period, indicating 1) the reference
of the invoice with which the product was purchased, 2) the serial number of the product, 3) a brief technical report of the defects or non-conformities found and 4) if the end user is a consumer,
the communication with which the latter has complained about the defect.
8.7. If the purchaser does not allow Ekinex S.p.A. to carry out any reasonable checks as requested by Ekinex S.p.A. and does not return the defective products to Ekinex S.p.A. within 60 days after delivery, the
warranty right is forfeited.
In order to return the defective products, Ekinex S.p.A. shall, unless otherwise agreed, collect the defective material at its own expense according to the instructions on the day and place agreed upon by the
parties. After the return, the defective products shall become the exclusive property of Ekinex S.p.A..
After the expiration of the above mentioned terms, Ekinex S.p.A. shall consider the latter as forfeited from the warranty and therefore invoice the products sent to replace the defective ones and consequently
request the payment of the same.
8.8. Ekinex S.p.A., a) supply products of the same type (or equivalent) and quantity of those found to be defective free of charge at the registered office of the purchaser (DAP Incoterms 2010), subject to the
return of the replaced products by the customer in the terms and conditions stated in paragraph 7. b) repair the defective products at the customer’s premises, in accordance with the terms and conditions
stated in paragraph 7. 7; b) repair the defective products if Ekinex S.p.A. does not find the necessity or urgency for an immediate replacement of the same; c) issue a credit note in favour of the Purchaser for
an amount equal to the value indicated on the invoice of the returned products.
Ekinex S.p.A. shall only provide in the above ways if the purchaser has done everything within its competence.
Unless otherwise agreed between the Parties, it is understood that all the expenses related to the interventions carried out by the technical assistance of Ekinex S.p.A. shall be borne by the same.
Both in case of replacement and repair of defective products or components, the original warranty period shall continue to run, which shall not be renewed.
It should also be noted that once the correctness of the warranty request has been established Ekinex S.p.A. will only replace the defective products as indicated in this point 7.8, thus excluding that the
customer may request the termination of the contract and/or compensation for damages.
8.9 In the event that the defects of the products are not attributable to Ekinex S.p.A., the costs of repair and replacement of the products will be charged to the customer.
The warranty referred to in this article is in lieu of the legal warranties for defects and conformity and excludes any other possible liability of Ekinex S.p.A. arising from the products supplied. In particular, the
Purchaser may not make any other claims for damages and Ekinex S.p.A. shall not be held responsible for indirect or consequential damages.
General terms of sale
5. PAYMENT METHODS
5.1. The prices of the products refer to the price list in force at the time of acceptance of the sale offer by the Buyer or at the time Ekinex S.p.A. issues the order confirmation.
Ekinex S.p.A. reserves the right to modify the current price list at any time, after written notice to the Buyer, in the event of increases in the cost of raw materials,
labour costs or any other factor leading to a significant increase in production costs. The prices of the products are always Ex-Carrier (FCA Incoterms 2010) and therefore the risks related to
the supply shall pass to the Buyer at the time the products are handed over to the carrier, unless otherwise agreed upon in writing between the parties.
5.2. Payments must be made in accordance with the relevant information contained in the sales offer or order confirmation. Payments and any other sum due for any reason to Ekinex S.p.A. shall be made at its
domicile and, unless otherwise agreed, in Euros.
5.3. Any delay or irregularity in payment gives Ekinex S.p.A. the right to
a) suspend ongoing supplies, even if not related to the payment in question;
b)
vary the terms of payment and discount for subsequent supplies, including by requiring advance payment or the provision of additional guarantees;
c) demand, from the due date for payment and without the need for formal notice, default interest on the sum still due, at the rate provided for by the rules of the law currently in force for commercial
transactions (in particular Legislative Decree 231/2002 and subsequent additions), without prejudice in any case to the right of Ekinex S.p.A. to claim compensation for any additional costs incurred
damage suffered. Moreover, in the above mentioned cases, any amount due to Ekinex S.p.A. for any reason whatsoever becomes immediately due. The Buyer shall be obliged to pay the products in full
even if exceptions, disputes or controversies arise which will only be settled after payment of the amount due;
d) terminate the contract pursuant to Article 1456 of the Italian Civil Code by notifying by registered letter with return receipt or certified e-mail the intention to exercise this right.
The termination shall be effective for both parties from the date of receipt of the communication.
6. TRANSPORT AND DELIVERY OF PRODUCTS
6.1. The delivery of the goods is Ex-Carrier (FC Incoterms) and therefore the risks relating to the supply pass to the Buyer at the moment the products are handed over to the carrier, unless otherwise stated
written agreements between the parties.
The delivery terms, unless expressly agreed otherwise, are purely indicative. In the event that the execution of the order is prevented by the occurrence of circumstances of force majeure, by the failure to
regularity of supplies of raw materials or other unforeseeable circumstances occurring, the delivery terms shall be deemed extended and new terms shall be determined by mutual agreement between the
parties, without any compensation and/or damages being awarded for the delay in delivery.
6.2. Upon delivery of the goods by the courier, the Customer is obliged to check that the contents of the package delivered correspond to what was ordered and indicated in the invoice sent by email.
Any damage to the packaging and/or to the product or the mismatch between the number of packages and the invoice must be reported within 3 working days of delivery to customer service of Ekinex S.p.A.
at the following e-mail address sales@ekinex.com. After the expiry of this period, the customer may no longer make any complaints about the external characteristics of the product delivered as well
as on the number of packages received.
7.
FORCE MAJEURE
7.1 Force Majeure is the occurrence of an event or circumstance (“Force Majeure Event”) which prevents a party from performing one or more of its contractual obligations if, and to the extent that, the party who
suffers the event feels:
(a) that such impediment is beyond its reasonable control;
(b) the event could not reasonably have been foreseen at the time of the conclusion of the contract;
(c) that the effects of the impediment could not reasonably have been avoided or overcome by the Interested Party.
7. 2 Where a party fails to perform one or more of its contractual obligations because of the non-performance of a third party, entrusted by the party to perform all or part of the contract, that party may invoke
force Majeure only to the extent that the requirements of paragraph 1 are met by both the party and the third party.
7.3 In the absence of proof to the contrary, the following events suffered by a party shall be presumed to satisfy the conditions of paragraph 1 of this clause and that party shall only have to prove the existence
of the condition in paragraph 1.
(a) war (whether declared or not), hostilities, invasion, acts of a foreign enemy, extensive military mobilisation;
(b) civil war, riot, rebellion, revolution, military force or usurpation of power, insurrection, acts of terrorism, sabotage or piracy;
(c) currency or trade restrictions, embargoes, sanctions;
(d) acts of authority, whether lawful or unlawful, compliance with laws or governmental orders, regulations, expropriation, confiscation of property, requisition, nationalisation
(e) plague, epidemic, natural catastrophe or extreme natural events;
(f) explosion, fire, destruction of equipment, prolonged suspension of transport, telecommunications or power
g) generalised social conflicts, such as, in particular, boycotts, strikes and lock-outs, white strikes, occupation of factories and buildings.
7.4 The Interested Party shall notify the other party without delay of the occurrence of the event.
TECHNICAL022EN
332
333
03
Introduction
18
Wall-mount devices
229
DIN-Rail mount modules
297
Supervision
311
Tools
315
Sales kit
321
Technical section
331
General terms of sale
335
General index
