General Terms and Conditions

The following General Terms and Conditions of Sale (GTS) apply to any order of Product(s) placed with Technor Italsmea SPA, (Seller). They represent the only applicable terms and conditions of the contract, except for other terms and conditions proposed by the Buyer and expressly accepted in writing by the Seller. Any waiver by the Seller of one or more of the terms and conditions contained in these GTS shall not affect the validity of the other terms and conditions contained herein, which, by express agreement, shall remain applicable.

EXECUTION: By placing an order with the Seller, the Buyer, who acknowledges being a professional in the trade, use, installation, or maintenance of Low Voltage electrical equipment and hazardous area (Ex environment), also acknowledges having been fully informed of the prices, the characteristics of the Products, their installation, use and maintenance instructions as they may appear in their Installation and Use Manual. Only orders confirmed by a proforma order confirmation (OC) sent by the Seller shall be deemed accepted. Orders confirmed by OC cannot be modified or cancelled (*), (OC modification request shall be notified by the Buyer, in writing, into five (5) days from the OC receipt). Any other form of order must be the subject of an agreement signed by the Parties. To be executed the orders that require a drawing, or a specific technical instruction need to be accepted in written by the Buyer and confirmed by the Seller. Extended interruptions of the telecommunications networks, in particular of the Seller and all cases of force majeure as defined in “International Chamber of Commerce 2020, Force Majeure e Hardship”, shall relieve the Seller of the duty to make the Products available under the terms of the OC. These terms will be redefined after the said events have disappeared.

(*) : In case the Buyer should request to the Seller to cancel the order after the Confirmation has been sent (even the OC) or execution process is already started in advance because of a mutual agreement, the Seller has the right to be compensated for the work done and materials purchased since to the moment of this request. The same in case the order is put on hold for more than 8 weeks or, in case of drawings approval by the Buyer takes longer than 16 weeks. Compensation amount will be figured out case by case and will be, minimum, the following percentage of the total order amount:

  • 15%, during engineering process
  • 40% after drawings approval and during procurement process
  • 60% materials are in house but assembling not started yet
  • 80% during the assembling

DELIVERY: The Products travel at Buyer's risk as soon as they are available at Seller's plant unless a specific Incoterm is specified. Unless expressly agreed otherwise, delivery times are given only as an estimate. The Buyer may not use a delay in delivery to cancel the sale, refuse the Products or claim an indemnity.
For orders of customized products that imply the acceptance by the Buyer of drawings and specifications or other documents prepared and issued by the Seller, the Seller will issue a OC upon receipt of the order.
The delivery date specified in the OC may be subjected to the respect of some conditions mentioned in the same document (e.g. technical drawings approval due date).
Only when drawings and specifications will be accepted by the Buyer the Seller will issue the FINAL OC.
In the event that the initial agreed delivery time cannot be met, the Seller and the Buyer will negotiate in order to agree a new mutually acceptable delivery schedule.
The Buyer shall provide for the pick-up of the goods within 5 working days from the notice of prompt delivery. After such timeframe, the Seller will be automatically entitled to issue the invoice: it is understood that the effect of the agreed terms of payment will take place from the date of invoice’s issuance.
The Goods ready for delivery and not picked-up by the Buyer will be kept in the warehouse(s) of the Seller for a maximum of 10 working days from the date of notice of readiness. After this period, the Seller shall apply a storage fee to the Buyer at the rate of € 10.00 per calendar day for each square meter of space used to stock the Goods.
PRICES: The prices on the offers are given for information only. Only a confirmation of order by OC binds the Seller on the price. The price is for Products in standard packaging. Delivery, certification, or specific packaging costs will be charged in addition. An additional flat-rate amount will be invoiced as management fees for any order less than or equal to 500 euros.

PAYMENT TERMS: Payments shall be made on the due dates and according to the terms of the invoice. In the event of late payment, the terms due and not paid shall automatically bear interest, without prior notice, at the interest rate applied by the European Central Bank to its refinancing operation closest to the date of the invoice increased by 10 percentage points, in accordance with the provisions of the law (Italian Legislative Decree no.9 October 2002 n°231). In addition, the Buyer shall be liable for an indemnity for collection costs equal to that incurred by the Seller or, in any event, not less than the lump-sum indemnity provided for by law. Under no circumstances may the payment of invoices be withheld. The Seller shall reserve the right to suspend the execution of its own duties until full payment of the outstanding amounts.


PRODUCTS CHANGE: The Seller reserves the right, whilst maintaining the essential characteristics of the Products described and illustrated in its catalog(s), to make changes to the products at any time and without notice, at its sole decisions.

RESERVE OF OWNERSHIP: The property transfer of the Products sold will only be completed after full payment of the amounts due under the invoices. As of their delivery, the Buyer assumes all risks related to the ownership, custody and/or use of the Products.

WARRANTY:
Warranty period: The Products have a warranty period as follows (the one that occurs first): 12 months from installation or commissioning, or 18 months from the delivery date; During the warranty period the Seller undertakes to remedy any defect in operation of the Products resulting exclusively from a defect in design or manufacture.
Warranty Terms and Conditions
The Seller guarantees that Products shall be in accordance with the final OC; Products shall be new, merchantable, made of the specified materials, free from defects, and fit and safe for the purpose they are produced for.
For the entire guarantee period, Customers will enjoy all warranty rights covering manufacturing defects as per following conditions:

  • Products have been correctly handling and stored in an appropriate way according to Clauses of the User Manual,
  • Wiring and installation have been performed in accordance with operating instructions, application guidelines, applicable Standards (EN/IEC 60079) and/or any other document accompanying the Product,
  • Products have been correctly used according to the specified electrical values, in suitable applications and in the appropriate environmental conditions.

All replacement or repaired Products are warranted solely for the remain of the Warranty Period related to the originally purchased Product.
The warranty is invalid or void in the following circumstances: Installation, repairs and maintenance carried out by non-trained or unauthorized personnel, or in presence of incorrect power supply; Abnormal and/or improper use or stress of the Goods, including, but not limited to, peak conditions and voltage dips, switching cycles, electric current fluctuations, installations in corrosive environments, induced vibration, harmonic oscillation or resonance phenomena; modifications/changing to the Product made by Buyer without the Seller written acceptance; Defects, losses, damages or malfunctions due to any natural disaster such as fire and earthquake, vandalism, civil disturbances.Warranty does not cover the replacement of component subject to wear and tear which can be assimilated as consumables which may have, for objective reasons, a shorter working life than the one foreseen in the guarantee. As not exhaustive examples: batteries, light bulbs, gaskets, ….
Seller provides no warranty as to the ability of the Products to achieve any performance unless such performance has been accepted in writing by the Seller.
No return will be accepted without the prior written consent of the Seller, who will set the conditions thereof.

LIABILITY: The Seller shall not be liable if MARECHAL® or TECHNOR® Products have been connected or associated with devices or spare parts of different brands, or if the storage, use, installation or maintenance of the Products does not comply with the rules of art and the Installation and Use Manual of the said Products.
Under no circumstances the Seller shall be held liable for any consequential damages in terms of: loss of revenue, savings or profits, interruption of operating activities, loss of contracts and/or business opportunities arising out of breach of Warranty Terms & Conditions herein described, regardless of whether such damages were foreseeable and whether or not the Seller was advised of such damages.
The liability of the Seller is strictly limited to the value of the defected product, regardless of the cause, object or basis of the claim.
The Seller guarantees the repairing or the replacement of “non-compliant” Products at Seller sole decision.

DATA POLICY: Buyer’s information collected by the Seller are considered and processed as confidential data, in respect with the Seller’s policy of personal data protection.

APPLICABLE LAW: The applicable law is Italian law. Any dispute is the exclusive jurisdiction of the Commercial Court of Milan including in cases of multiple defendants or warranty claims.