GENERAL TERMS OF SALE
By placing the order the customer accepts without reserve the following conditions:
1) goods are delivered ex our warehouse in Manoppelo Italy.
2) upon customer’s request for a deliver EX-WORK – FOB – CIF – C&F OR or other one to place of his choice, the cost of every deliveries will be invoiced to him.
3) Goods travel at consignee’s risk even if under terms of sale free place of destination. Klindex packs shipments as carefully as possible. All claim for merchandise damaged in transit or for shortage of goods must be filled with the DELIVERING CARRIER. Klindex will not be responsible for any defects or statements of shortage of goods. Please check all cartons before you sign for the delivered goods.
4) Complaints for defects or statements of shortage of goods will be take into consideration within 8 days from receipt of goods, without prejudice to the disposition of point 3.
5) Payment must be absolutely carried our within the agreed terms.
6) The cost of packing will be invoiced at cost price.
7) Any dispute between the parties will be submitted to arbitration in Pescara Italy before the competent Court under its rules.
8) The characteristic of all machines showed in this catalogue are general and not binding for the factory. Klindex has the right to change any characteristic without any communications.
9) The following information must be always be specified in order: a) code and model b) exact electronically characteristics (in accordance with our available models).
10) RETURN GOODS POLICY. KLINDEX cannot accept returned items after 30 days from purchase. Any return made after 30 days will not be accepted and will be returned at expense of the customer – In addition, returned items that exhibit obvious misuse will be shipped back to the sender and no credit will be issued.
10a) Non-stocking special order items are not returnable. Machines or other equipment with after market alteration that were not pre-approved by Klindex are not returnable.
10b) Written consent must be obtained by Klindex prior to return. No returns will be accepted without a return authorization number.
10c) Freight charges must be prepaid.
10d) A 15 % restocking fee will be deducted from the credit note for any non defective returns.
10e) Full credit will be allowed for Klindex’s fault or if defects in material or in workmanship is the cause for the return.
11 ) CLAIM FOR DEFECTIVE MATERIAL
11a) Defective goods must be returned and evaluated for approval before replacement occurs.
11b) all claims must include an evaluation report to be filled on defective material.
11c) Klindex provides only those warranties identified in the printer literature that is distributed with the products. No other warranty effective unless it is signed only by Klindex.
11d) Klindex disclaims any and al implied statutory warranty, including warranty without limitation, the warranty or merchantability and warranty of fitness for particular purpose not authorized.
11e) Klindex srl shall not be liable for any injury, loss or damage, direct, incidental or consequential, arising from of the miss use
for of the product. Before using, the user shall determinate the suitability of the product for the intended use and the user assumes all risk and liability whatsoever in connection therewith. 11f) the total liability of Klindex in any way related to the products sold hereunder,including liability for contract, breach or warranty, tort negligence, strict liabilityor otherwise, shall in no event exceed the amount of paid by the Buyer to the Seller. 11g) Klindex srl will not be liable for delay in shipping
due to circumstances beyond the control of Klindex srl.
12) PRICING INFORMATION:
All pricing is subject to change without notice. Klindex will do its best to maintain catalogue prices throughout the year, but with the fluctuation in the foreign exchange rates, it may necessary for us to adjust price periodically throughout the year. This may lead to an increase or decrease in our list prices.
WARRANTY CONDITIONS
Liability for defects
1) KLINDEX srl ITALY shall by repair or replacement any defected in the Klindex machine resulting from fault design, materials or workmanship. Klindex is not liable for defects arising out of materials provided by or a design stipulated or specified by the purchaser.
2) The WARRANTY for machines equipped with “hours counter “ is extended up to 2 years or 600 hours ( the first expiring). To receive the extended warranty the customer only need to follow the service plan program performed by an authorized KLINDEX servicing assistance point. The first service has to be done within 500 hours or within 1 year.
The warranty for machine not equipped with “hours counter “ is valid for 1 ( one ) year.
3) If the machine should cease to be in working order, the machine will be repaired or , according the KLINDEX estimation, the machine will be exchanged. The spare parts are either new or equivalent with new or repaired.
4) Defective parts which are replaced as stated above shall be placed at KLINDEX’ s disposal and shall become KLINDEX’ s property Complaint.
5) A complaint shall be made within the warranty period.
If any difficulties develop with the machine you should:
a) Contact KLINDEX CUSTOMER ASSISTANCE DEPARMENT 65024 MANOPPELLO Via Tiburtina Km 209,200 Italia Tel +39 085 8596546 Fax +39 085 8599224 info@klindex.it
b) Return the product to the KLINDEX customer Assistance Service Point. Transportation charges from and to the Service Point or to our head office has to be prepaid by the purchaser. Valid warranty certification or other paper that confirm the date of the delivery machine shall be presented at the time for the compliant.
c) A complaint shall be made within the warranty period.
Limitation.
6) KLINDEX shall not be liable for any defects that are caused by circumstances that appear after the machine have been delivered and whilst it is in the possession of the purchaser.
The warranty is void if the purchaser hasn’t followed the maintenance plan stipulated by the warranty certificate. If a maintenance plan is not stipulated by the warranty certificate the warranty is void if the time of goods have been used exceeds 500 hours.
The warranty doesn’t cover normal wear or consumable parts such as rubbers, hoses, brushes, capacitors and electric or electronic components.
7) KLINDEX’ s liability does not cover defects which are caused by faulty maintenance, incorrect manoeuvre or faulty repair by the purchaser, or by alteration carried our KLINDEX’ s consent in writing. The same applies to any alterations of the machines or service performed by another party than KLINDEX or KLINDEX appointed distributor or KLINDEX approved service point.
The warranty is not applicable on defect that arises in caused to connection with equipment or grinding tools that not can be assigned to KLINDEX’ s original assortment.
There are not warranty which extend beyond this description. No warranties, including but not limited to warranty of merchantability, shall be implied. In case of a malfunction or defect, the producer is not responsible for any eventual uncompleted work by the customer or income loss.
8) Previous mentioned measures in p. 7 results in that the warranty from KLINDEX ceases to exist.
9) At complaint when no defect is found for which KLINDEX is liable, KLINDEX shall be entitled to compensation for the labour and costs which KLINDEX has incurred as result of the notice
10) If KLINDEX fails to fulfil its obligation within a reasonable time , the purchaser maybe by written notice require KLINDEX to do so within a final time. If KLINDEX fails to fulfil its obligation within that time, the purchaser may demand a reduction of the purchase price in proportion to the reduced value of the machine, provided that under no circumstances such reduction exceeds 15% of the purchase price. In the defect must be considered substantial, the purchaser may instead choose to terminate the contract by written notice to KLINDEX , In case of termination the purchaser shell be entitled to compensation for the loss he has suffered. The compensation shall, however , not exceed 15 % of the purchase price.
11) Save as stipulated in clauses 1-5 KLINDEX shall not be liable for defects. This applies to any loss the defect may cause including cost of transportation, loss of production, loss of profit and any other economic cost. If KLIDNEX has been guilty of gross negligence, the purchaser shall be entitled to compensation for the loss he has suffered. The total compensation shall, however not exceed the sales values on the machine.
12) Furthermore KLINDEX shall not be liable for delay caused by circumstance beyond the control of KLINDEX
13) There isn’t any warranty for tools and/or for consumable. The operator must ensure that the tool selected is suitable for use that he needs. No responsibility can be attributed to KLINDEX for incorrect use of the tool or accessory.
Other:
14) The warranty certificate shall be considered as valid only if it is dated by KLINDEX or by KLINDEX appointed distributor and complete with the machine’s type and serial number concerning the nature of the goods and their suitability for the use to which they will be put. Accordingly, all information on this Catalogue is supplied without any express warranty, condition or other term as to the quality of any specified goods, their suitability for any particular purpose or non-infringement of any intellectual property rights, and all implied warranties, conditions or terms of the same kind are hereby expressly excluded. KLINDEX will not under any circumstances be liable for any loss of income, profit, business, contracts or goodwill or any indirect or financial loss suffered by a party, whether arising in contact, negligence or otherwise. The information on this Catalogue may include technical inaccuracies or typographical errors. Information may be changed or updated without notice. KLINDEX may also make improvements and/or changes in the products described in this Catalogue without notice.
15) For any controversy the competent Court is exclusively the Court of Pescara – Italien