General Terms and Conditions of Business for the supply of products and services of GEZE Italia S.r.l. Unipersonale
I. Conclusion of the contract
Any contract concluded with GEZE is based on the following terms and conditions. Purchasing conditions of the customer that deviate from the present are valid only with our written consent. Our offers are always non-binding. The contract is concluded only by means of our written confirmation or with the delivery. GEZE is not obliged to explicitly object to contractual forms or commercial terms and conditions of contracting partners, even if these general terms and conditions of business state that the validity is an express condition for the business transaction. GEZE concludes contracts exclusively based on the present general terms and conditions of business. These general terms and conditions of business apply to the present business transaction, as well as for any future business transactions.
II. Prices and terms of payment
1. Our prices are listed in the GEZE price list and are ex-works, including loading and unloading, but excluding any special packaging, transport and insurance costs. The price list becomes effective on the date of issue and is valid until decided otherwise by GEZE itself. It may be subject to change and/or modification, even without prior notice, which will enter into force without derogation on the date of issue. Failure to receive the change notice does not constitute derogation of the above. The valid price is the one in force at the date of order, as long as no delivery time exceeding 60 days is required. In this case, the price in force at the time of delivery of the goods will apply. The VAT required by law needs to be added to the prices listed, minus the discount.
The order is deemed accepted only after GEZE has issued a confirmation with the prices and charges. In any case, failure to deliver or delayed delivery of an order does not constitute entitlement to a refund or compensation of any kind. The order implies full acceptance of the terms and conditions set out therein and of the current terms and conditions of sale.
All risks associated with the transport of goods are to be borne by the recipient, whatever the means of transport or the carrier, even if the carrier is free of charge. There is no particular liability for delays or inefficiencies by the carrier. Any complaint or claim shall be accepted by GEZE only if notified within 5 days from the date the goods were received. Once this period has expired, any complaint will be considered void.
2. The standard payment term is bank transfer, 60 days from the invoice date to the end of the month.
The payment terms refer to standard products. For special products, the client will be informed from time to time about the form of payment. Bills of exchange and cheques count as payment only once the same have been cashed and/or if they have been irrevocably credited to our account. Bills of exchange and cheques are accepted only for the purpose of fulfilment. Bills of exchange are also only accepted by prior written agreement on the condition that they are eligible. Discount fees and exchange fees are to be borne by the customer starting from the invoice’s due date. Discounts are excluded in the case of payment by bill of exchange or cheque.
3. If, following the conclusion of the contract, GEZE becomes aware of a substantial deterioration of the financial circumstances of the client – irrespective of the above-mentioned situation – GEZE is entitled to demand advance payments or securities and refuse fulfilment of its services until such demand has been met. The same applies if the client ends up in default with the fulfilment of other obligations after having concluded the contract, independent of the legal grounds. In the event that the client refuses, GEZE is authorised to withdraw from the contract and demand compensation for damages for non-compliance.
III. Delivery of the goods, delivery times, delays in delivery
1. Delivery dates are only binding if a written agreement has been made. Unless otherwise agreed in writing, the relevant date is the delivery or dispatch date. In the event of a delay in delivery, the client must set a term of delivery of at least 3 weeks. If GEZE does not deliver even after this deadline set by the client, the client is entitled to withdraw from the contract. The client has additional rights only if the unpunctual delivery by GEZE can be attributed to gross negligence or worse. In any case, liability is limited to the damage foreseeable at the time of concluding the contract. GEZE reserves the right to prove lower damages.
2. The goods are delivered by the trusted carrier of GEZE, in proper packaging. Packaging is free of charge, except in the case of special requests by the client.
3. The goods are delivered as follows
- order value > € 1,200 standard delivery free all over Italy
- order value > €1,200 urgent delivery all over Italy, surcharge + € 15
- order value between € 600 and € 1,200 standard delivery Northern/Central Italy € 10 Southern/islands of Italy € 15
- order value between € 600 and € 1,200 urgent delivery all over Italy, surcharge € 15 in addition to the standard delivery
- order value < € 600 standard delivery in Northern/Central Italy € 20, in Southern/islands of Italy € 30
- order value < € 600 urgent delivery all over Italy surcharge + € 15 in addition to the price of the standard delivery
4. GEZE will accept any request for shipment to ports assigned by other carriers, provided that the same pick up the goods from GEZE during normal opening hours. Likewise, shipments by express carrier requested by the client will be at its sole expense.
IV. Retention of title
1. The goods delivered remain the property of GEZE until complete payment of all demands resulting from the business relationship with the client have been made, especially until all cheques or bills of exchange have been cashed without dispute or until cashed credit entry. If the value of all security rights to which GEZE is entitled exceeds the amount of secured demands by 10%, upon the contracting partner's request, GEZE will release the corresponding portion of security rights; in doing so, GEZE is entitled to choose between the different security titles for the release.
2. The processing or modification of our goods will always be effected on behalf of GEZE as the manufacturer, however without obligation to us. If the item delivered by GEZE is combined or mixed with objects of other suppliers or with objects belonging to the client, GEZE will co-own the new object equal to the value of the invoice plus any default interests or claims for damages.
3. Where our contractual partner is not in default of payment, it is entitled to proceed to the processing and sale of goods subject to the retention of title in the ordinary course of business. Pledges or transfers by way of security are inadmissible. The contractual partner must inform GEZE immediately of any pledges, confiscations and other orders or interference by third parties. The demands by the buyer against a third party resulting from the resale of the goods subject to the retention of title immediately pass to GEZE as security. Upon resale subsequent to processing or mixing, said demands are only sold proportionally.
4. The pledging of the goods subject to retention of title, i.e. the withdrawal of the same by virtue of the retention of title, does not signify withdrawal from the contract. All costs of taking back and recovering the contractual object are to be borne by the buyer.
V. Instructions and warnings for installation, testing, use and maintenance of the product
GEZE products are manufactured in compliance with the applicable technical regulations and standards. All information related to the technical aspects of the products, such as catalogues, technical data sheets and tender specification texts, to assembly methods, and therefore electrical schematics and installation instructions, operating and maintenance instructions are included in the official documentation provided by GEZE, and available as hard copies, electronic copies, and the website www.geze.it.
Specific documentation about the product, with regard to technical characteristics, assembly instructions, use, maintenance and warranty are available together with the product itself. Please refer to it for all necessary details.
This information is provided by Geze to facilitate correct design, installation and use. This information is aimed in particular towards:
- architects, technical offices and designers;
- specialist resellers;
- fitters and technical professionals;
- end users: companies and organisations where
- our products will be installed.
Correct installation of GEZE products is the basic premise to ensure complete functionality and a long service life of the same. The installation of automatic doors is regulated by DM 37/2008 (ministerial decree).
The network of GEZE service centres is qualified according to DM 37/2008 for the installation of GEZE products and to issue the Declaration of Conformity. The list of qualified GEZE service centres is available at www.geze.it or can be requested directly from GEZE at +39 039 9530401 or by email to firstname.lastname@example.org
If GEZE installs or mounts objects delivered to the client or third parties, there will have to be a formal inspection before the client or the third party starts using the object. If the object is put into operation without GEZE's consent or without prior inspection, the performance is deemed accepted. The inspection must take place immediately after the assembly or installation of the parts or the system delivered by GEZE and no later than 14 days prior to putting it into operation.
GEZE can demand from the customer – at any time, though respecting the 14-day time limit – the inspection of the services provided. This also applies if the customer or a third party have not yet completed their services on the same construction project. If the client refuses to take part in an inspection demanded by GEZE or if the client refuses to draw up a test report, the inspection is to be understood as having taken place. Through the GEZE SERVICE service centre network, GEZE provides a range of scheduled or/and on-demand maintenance services to ensure optimal functionality of all GEZE products sold and in operation nationwide. ood quality maintenance – carried out regularly and according to a scheduled plan of interventions, with a precise list of operations to be carried out, qualified personnel and using original spare parts – is in itself capable of optimising the functioning and performance of GEZE automatic doors. Furthermore it ensures the longest possible service life, while keeping costs at the lowest possible level throughout the service life of the product. An extensive programme of ad-hoc contracts, designed according to
- type of customer and/or user
- type of use
- type of machines installed
can offer each client its optimal contractual programme.
1. All GEZE products correspond to a high quality standard and are covered by warranty. If the goods supplied by GEZE are defective, GEZE is obliged to take corrective measures at its own discretion or to provide replacement goods.
If the corrective measures or replacement are unsuccessful, the client may withdraw from the contract or demand a reduction in the price, providing the defect is substantial. Complaints relating to type, quality and quantities must be submitted immediately in writing to GEZE in the case of obvious defects, but within 10 calendar days. Any return to GEZE must be made carriage paid, with prior notice, within the warranty period established by GEZE within twelve months from the date of installation. Under no circumstances does the warranty cover the manpower required for the repairs and/or replacement of components.
A warranty claim is automatically acquired with the purchase of a GEZE product, provided the following conditions are respected: The product has been installed by a fitter belonging to the GEZE SERVICE network or by a fitter authorised for the installation of automatic doors according to DM 37/2008, and is therefore authorised to issue a declaration of conformity
1.1 Such declaration of conformity, complete with the fitter's name and the client's/user’s name, the address of the installation site, the serial number of the door, telephone, fax number and/or email address of the client and/or user, will be sent within 30 days from the date of installation to GEZE Italia to email@example.com. The warranty is automatically activated by sending this document.
1.2 In any case, if the described procedure has not been followed, the product will not benefit from the services and rights provided by the warranty, and GEZE declines any such responsibility, e.g. from standards of subcontractors whose products are combined with ours. The same applies when changes to the settings have been carried out by the client or a third party without authorisation.
2. Products returned outside the warranty period cannot be replaced free of charge and will be returned to the client carriage forward.
3. Products returned to GEZE carriage forward will be returned to the sender without notice. Products returned to GEZE without prior authorisation will be rejected and returned to the sender.
4. When a complaint has been made within the specified time and is justified, the client may assert the rights set out above. There are no further claims of the client and no further claims for damages, unless GEZE is liable at least for gross negligence. In any case, liability shall be limited to the damage foreseeable at the time of conclusion of the contract. GEZE reserves the right to prove lower damages.
VII. Technical application advice
1. Our technical application advice, both verbal and written, is intended only to provide the ordering party with a description of the optimal use of our products. It does not exempt the client from its duty to ensure, by means of its own testing, the suitability of our products for the purpose for which it intends them. The client must ensure that our verbal and written technical application advice is passed on to the individuals who are ultimately responsible.
2. If the client accuses GEZE of giving incorrect technical application advice, the client must state this in writing immediately after establishing the possible breach. As in the case of breach of other ancillary obligations, GEZE is only liable in such cases if it is at least grossly negligent. In any case, liability shall be limited to the damage foreseeable at the time of conclusion of the contract. GEZE reserves the right to prove lower damages.
VIII. Documentation and COPYRIGHT
All product documentation, including this price list, electrical diagrams, designs, catalogues etc. are intellectual property of GEZE which is also the sole owner. Images, designs and other documentation delivered by GEZE to its customers remain property of GEZE. The mentioned documents are subject to copyright.
IX. Validity of conditions
GEZE Italia reserves the right to notify or not to apply these terms and conditions of sale if and when it believes this to be expedient, without having to give advance notice.
All disputes will be under the exclusive jurisdiction of the court of Monza.