Legal notice

  • Privacy statement

    WEBSITE PRIVACY POLICY FOR
     

    WWW.CAREL.COM, WWW.CAREL.IT,  WWW.CAREL.DE, WWW.CAREL.ES, WWW.CARELFRANCE.FR, WWW.CARELUSA.COM,  WWW.CARELRUSSIA.COM, WWW.CAREL.PL, WWW.CAREL.COM.BR, WWW.CAREL.CO.TH, WWW.CARELUK.COM, WWW.CAREL.MX,  MCE.CAREL.COM, MCE.CAREL.IT, CHILLVENTA.CAREL.COM, EUROSHOP.CAREL.COM

    Pursuant to article 13 of Regulation (EU) 2016/679 (GDPR) and the Italian Data Protection Authority guidelines no. 229 of 8 May 2014 regarding the use of cookies, this privacy policy tells visitors of how the data they enter are processed and how cookies are used by the website. This privacy policy has moreover been drafted based on Recommendation 2/2001 adopted by the Workgroup established in accordance with article 29 of European Directive 95/46/EC.
     

    DATA CONTROLLER RESPONSIBLE FOR DATA PROTECTION 
    The data controller is Carel Industries S.p.A., headquarters in Brugine (PD), at 11 Via dell’Industria. The data controller can be contacted as follows:
    Telephone: 049/9716611
    Email: carel@carel.com
     

    PURPOSES AND METHODS OF DATA PROCESSING
    Your data acquired after having been directly entered on sign-up forms will only be used to provide you the requested services (response to queries, recruiting in relation to job applications, etc.). Any other purposes will be described in a specific policy and will require additional consent.
    As regards data acquired via cookies, please see the corresponding section of this policy. 
    All data is processed using electronic means, however may also be processed in paper form. 
     

    TRANSFER OF DATA TO THIRD PARTIES FOR MARKETING PURPOSES
    Under no circumstances will your data be transferred to third parties for marketing purposes.
     

    TRANSFER OF DATA TO FOREIGN COUNTRIES OR INTERNATIONAL ORGANISATIONS
    Your data will not be transferred to countries outside of the EU or to international organisations, nor will the data be stored on servers located in foreign countries.

     

    DURATION OF PERSONAL DATA STORAGE
    The processed data will be stored for the time needed to fulfil the related purpose.

     

    DATA SUBJECTS’ RIGHTS AND WITHDRAWAL OF CONSENT
    You have the right at any time to request access to your data from the data controller, as well as the rectification or erasure of such data. 
    A reply will be given within 30 days in writing (unless a verbal reply is specifically requested), including using electronic means. You furthermore have the right to object, in whole or in part, to the processing of your personal data. Finally, you may also request assignment of your data to another data controller.
    You may at any time withdraw the consent given in accordance with this policy. To withdraw consent, in whole or in part, simply contact the data controller as specified under “Data controller”.

     

    COMMUNICATION AND DISSEMINATION
    Your data will not be communicated nor disseminated to any parties outside of Carel Industries S.p.A. or its associated companies. 
    The data acquired via the website may be made known to businesses or professionals who are involved in the management of the web pages specified above, as well as all personnel involved in processing the data on a case-by-case basis (for example, for recruitment the company may use the services of third parties).  

     

    RIGHT TO LODGE A CLAIM WITH THE DATA PROTECTION AUTHORITY
    If you believe that your data have been processed unlawfully, you have the right to lodge a claim with the data protection authority.

     

    AUTOMATED DECISION-MAKING PROCESSES
    The data controller does not in any way use automated decision-making processes involving your personal data.

     

    COOKIE MANAGEMENT

    BROWSING DATA
    When browsing the website, a series of information relating to the device used is acquired. 
    This includes IP addresses, domain names and MAC addresses (i.e. physical, Ethernet or LAN addresses assigned uniquely by the manufacturer of the network interfaces, either Ethernet or wireless). 
    These data can be used to compile statistical information on web page usage and monitor operation.
    The data can also be used to verify responsibility in the event of computer crime that damages the website.

     

    COOKIES
    Cookies are small strings of text that a website sends to the user’s device, where they are saved and then sent back to the same website the next time the user visits it. When browsing a website, users may also receive cookies sent by different web pages (see Italian Data Protection Authority guidelines no. 229 of 8 May 2014).
    In order to correctly regulate the use of cookies, they need to be distinguished based on the purposes they are used for.

     

    Technical cookies.
    Technical cookies are those used only for the purpose of "carrying out the transmission of a communication on an electronic communications network, or insofar as this is strictly necessary to the provider of an information society service that has been explicitly requested by the contracting party or user to provide the said service" (see section 122, paragraph 1, of the Italian Personal Data Protection Code and guidelines 229/2014).
    These can be grouped into browsing or session cookies, which allow users to navigate and use a website (e.g. to purchase items online or authenticate themselves to access reserved areas).
    These cookies can be installed without requiring the user’s consent.

     

    Profiling cookies.
    Profiling cookies are designed to create user profiles and are used to send advertising based on preferences shown when browsing the internet. 
    Given their invasive nature, users must consent to their installation, in accordance with section 122 of the Italian Personal Data Protection Code

     

    Analytical cookies.
    These are used to monitor the use of web pages by users, providing statistical reports that can help site managers optimise their websites. One of the most commonly-used web analytics tools is “Google Analytics”, a service provided by Google Inc. that offers the possibility to compile browsing statistics. The Italian Data Protection Authority has ruled that these cookies can be considered technical cookies in cases where the user’s IP address is hidden (including partially) and no information is shared with Google. In all other cases, they are considered profiling cookies.

     

    All types of cookies may be first party (i.e. processed and managed directly by the website’s owner) or third party (when installed or acquired by other subjects).
    Third party cookies include so-called social plugins, in other words components that allow users to interact with social media (such as Facebook, Twitter, Google+, LinkedIn, Pinterest, Tumblr etc.) via the website, where these generate cookies. 
    Management of information gathered by third parties is regulated by a specific policy, which can be referred to for further information.

     

    The following is a list of cookies used by our website:
    __utma: this cookie stores information on when the user visited the site for the first time, the previous visit and the number of visits (expires after two years).
    __utmb: this cookie stores information on when the user loaded the website. In combination with the __utmc cookie, this cookie measures the duration of the visit (session cookie).
     __utmc: this cookie contains information on when the user leaves the website. In combination with the __utmb cookie, this cookie measures the duration of the visit (session cookie).
    __utmt: used by Google Analytics to monitor the type of request (session cookies)
    __utmz: this contains information on which site the user has visited before accessing on the site in question. It may also store information on the search engine and the search keywords used, or where the IP address is recorded (expires after six months).
    COOKIE_SUPPORT: used by websites to manage the home page disclaimer (expires after one day).
    GUEST_LANGUAGE_ID: this cookie is used to keep track of the user’s language preferences (expires after one day).
    JSESSIONID: this cookie is used to identify the user when loading a page and remember the user’s settings (session cookie).
    LFR_SESSION_STATE_10157: this cookie is used to manage the user’s interaction with the website (session cookie).
    _CKAPPR: this is a system application cookie (expires after one year).
    eu_cn: this cookie stores browsing information 
    neptu: Twitter cookie (persistent cookie).
    external referer: Twitter cookie used to monitor, for statistical purposes, where the users browse to their profile from (expires after one day).
    guest_id: Twitter cookie used to manage social network sharing and updates (duration 2 years).
    twitter_ads_id: Twitter third-party cookie used for retargeting (persistent cookie).
    _ga: used to differentiate users and track sharing of contents on Twitter (persistent cookie).

     

    Considering the use of profiling (or equivalent) cookies by this website, the data controller provides notification to users of the processing of their data in accordance with section 37 of the Italian Personal Data Protection Code

     

    BRIEF NOTIFICATION ON FIRST ACCESS – BANNER.
    The banner that opens when a user accesses a web page for the first time shows essential information on how to manage cookies, as well as a link to the complete privacy policy.
    As required by law, the user’s preferences on how to manage cookies are stored in a technical cookie.
     

    LINKS TO PROCEDURES FOR DISABLING COOKIES ON A PERSONAL COMPUTER 
    IN THE MAIN BROWSERS

    The preferences a user sets when first accessing a website can be modified subsequently using the following procedures.
     

    Microsoft Internet Explorer
    http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
     

    Google Chrome
    https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies
     

    Mozilla Firefox
    http://support.mozilla.org/en-US/kb/Enabling%20and%20disabling%20cookies

     

    Apple Safari
    http://docs.info.apple.com/article.html?path=Safari/5.0/en/9277.html


    LINKS TO RELATED SITES AND/OR SITED WITH RELATED FUNCTIONS
    As our website uses third party cookies (for example Google, Facebook, Twitter, Linkedln), below are the links to the corresponding privacy policies.
     

    Google Analytics, Google+ & YouTube:
    https://www.google.it/intl/it/policies/privacy/
    http://www.google.it/intl/it/policies/technologies/cookies/
    http://www.google.it/intl/it/policies/technologies/managing/


    Twitter
    https://twitter.com/privacy?lang=it
    https://support.twitter.com/articles/20170519-uso-dei-cookie-e-di-altre-tecnologie-simili-da-parte-di-twitter 

     

  • Copyright


    All reproduction, even partial, of the pages and the contents of this site is strictly prohibited. The domain names carel.com, carelonline.com, carelonline.it, carelgroup.com, carel.info, carel.it, carel-korea.co.kr, carel-korea.kr, carel.ae, carel.asia, carel.co, carel.com.tr, carel.de, carel.hk, carel.hr, carel.in, carel.kr, carelnordic.se, carelrussia.com, carelrussia.ru, carel.global, carel.tel, carel.industries, carel.ua, carel.com.pk, carel.az, carel.com.pt, carel.rs, carel.si, carel.hn, carel.qa, carel.ec, carel.bo, carel.ph, carel.my, carel.tw, carel.ma, carel.co.nz, carel.com.ar, carel.co.ve, carel.com.py, carel.pe are registered and used by CAREL INDUSTRIES S.p.A., via dell'industria 11, Brugine (PD).

    Web content of the CAREL INDUSTRIES S.p.A. Site and intellectual property rights
    All the material (for example, databases, static and moving images, drawings, guides, newsletters) contained on the CAREL INDUSTRIES S.p.A. Web Site is protected by Italian copyright law and by applicable European Union and international laws based on the formal or material remissions in Italian legislation to such laws, that is, based on the international treaties and conventions ratified by Italy.
    The contents of this web site, including the graphics of the web pages, the layout and the placement of the contents on the site, are the property of CAREL INDUSTRIES S.p.A., via dell'industria 11, Brugine (PD).
    The user of the CAREL INDUSTRIES S.p.A. Web Site is bound to comply with local legislation protecting the authors and the copyright work, as well as to respect all other related rights and to not damage CAREL INDUSTRIES S.p.A. and the legitimate holders of the copyright on the work contained in the CAREL INDUSTRIES S.p.A. Site.
    The following is prohibited without the prior and express consent of CAREL INDUSTRIES S.p.A. and without the express authorisation of the legitimate holders of the copyright on the protected work contained in the CAREL INDUSTRIES S.p.A. Site. (i) Reproduction, either permanent or temporary, in any way or form, of all or part of the CAREL INDUSTRIES S.p.A. Web Site and its contents; (ii) translation, adaptation, public communication, dissemination or public distribution of the CAREL INDUSTRIES S.p.A. Web Site and its contents; (iii) public presentation and demonstration, transmission by any means and in any form and all other commercial use of the CAREL INDUSTRIES S.p.A. Site and its contents.
    The links and frames are provided on the CAREL INDUSTRIES S.p.A. Site to the user exclusively as internet navigation tools.
    The reproduction, temporary, momentary and accessorial, via internet, of the web content of the CAREL INDUSTRIES S.p.A. Site, by the user, is allowed only for the purpose of accessing the CAREL INDUSTRIES S.p.A. Site and its services, as long as the single act of reproduction has no intrinsic commercial significance or does not represent an act of economic exploitation of the contents of the CAREL INDUSTRIES S.p.A. Site and the work contained therein.

    Brands and others distinctive signs. Names of the articles, sections and headings
    The following are the property of CAREL INDUSTRIES S.p.A.: (i) the "CAREL" brand, both figurative and denominative, shown within the Site and reproduced on company communications, including in digital format; (ii) the logos, symbols and all other distinctive signs used in the Site, with the aim of identifying the Site, its contents and its services, including the names of the articles, sections and the headings of the sub-sections.
    The material contained in the Site, including the pictures, logos and trademarks published therein, may not be copied, reproduced, published, downloaded, communicated to the public, disseminated and/or distributed to the public, with the exception of cases in which such actions are allowed by law, that is, when prior authorisation has been provided by CAREL INDUSTRIES S.p.A. or the holder of the corresponding rights.

  • Sale conditions
    General Conditions Of Sale
    General Conditions Of The PlantVisorPRO Agreement
    General Conditions Of The PlantWatchPRO Agreement
     
    GENERAL CONDITIONS OF SALE

    1. Definitions
    BUYER: the buyer of the Product.
    CONDITIONS: these general conditions of sale, also available from the website ‘www.carel.com'.
    CONFIRMATION OF ORDER: the written document of Order acceptance, sent by the Seller to the Buyer, containing: the description of the Product/s sold, the Seller's product code (and on request, also that of the Buyer), the quantity, unit price, transport terms, delivery terms and payment terms.
    AGREEMENT: the agreement drawn up between the Buyer and the Seller for the sale of the Product, completed by means of the exchange of the Order and Confirmation of Order.
    TECHNICAL DOCUMENTATION: the documentation prepared by CAREL INDUSTRIES S.p.A. containing the technical data and operative instructions for the use, assembly, installation, maintenance, etc. of the Products, also available on the website ‘www.carel.com'. Upon specific request and at the Buyer's expense, the Seller may also supply hard copies of this.
    EX WORKS: Product delivery conditions according to the international rules ‘Incoterms 2000', namely at the Seller's premises unless otherwise established in writing.
    ORDER: the document sent by the Buyer to the Seller stating the proposed purchase of the Product/s, the relevant identification data and indicative delivery date.
    PARTIES or PARTY: The Buyer and Seller referred to individually or jointly.
    PRODUCT/S: Carel products branded Carel and exclusively devoted to the 'humidification, refrigeration, conditioning and retail' sectors listed in the Seller's catalogue and identifiable on the website ‘www.carel.com'. The PlantVisorPro Local and any products ‘customised' to meet specifically requested technical specifications defined by the Buyer, are excluded from the Products.
    SELLER: CAREL INDUSTRIES S.p.A. (Italy).

    2. Application and efficiency of the Conditions
    2.1 The Conditions are an integral and substantial part of each Product Sales Agreement. In the event of any discrepancy, they shall prevail over any purchase conditions that may be stated by the Buyer on the Order, unless otherwise agreed in writing by the Parties.
    2.2 The Conditions, available from the website www.carel.com are efficient between the Parties as the Buyer can become aware of such using ordinary diligence upon drawing up the Agreement.

    3. Orders, Confirmations of Order and Technical Documentation
    3.1 Orders must be in writing. They are considered as accepted by the Seller by transmission of the Confirmation of Order to the Buyer.
    3.2 The Buyer guarantees that the terms and conditions in relation to each Order and each Confirmation of Order are correct. The Buyer declares that he has carefully examined all the Technical Documentation prior to having sent the Order, and has verified the technical and applicative compliance of his machinery and tools with the Products.
    3.3 The Seller reserves the right to make any changes to the Product Purchase Order where it requires adaptation to meet internal or Community standards, or is altered in such a way that does not prejudice its quality or function, or is replaced with a more recent series with comparable form and/or functions to that replaced.
    3.4 All activities following the sale of the Product, for example, but not intended as an exhaustive list, the installation, assembly and set-up of the Product, according to the Buyer's demands, is at the exclusive cost, risk and liability of the Buyer. The Buyer must comply in full with all technical-operative instructions set out in the Technical Documentation.

    4. Price
    4.1 The price of the Product is as established in the price list current as of the date of Order. The price includes packaging costs according to the Seller's standards. Any special packaging required by the Buyer, and approved by the Seller, will be paid for by the Buyer himself. The Price does not include taxes and duties on the sale, customs duties, any other charges and VAT, if due.
    4.2 Without prejudice to alternative written agreements, all prices established by the Seller are Ex Works.
    4.3 The Seller reserves the right to increase the Product price at any time prior to delivery and following notice given to the Buyer. Said increase may be no higher than 5% on top of the current list price and must be intended to cover any increases in costs due to factors independent of his will. These shall include, by way of example and in no way intended as a full list: currency changes on the exchange market, valuation regulations, changes in duties, significant increases in the costs of labour, materials or other production costs, changes in delivery date, quantities of Products or any delays caused by Buyer requirements or the lack of provision of appropriate instructions by the latter.

    5. Invoicing and payments
    5.1 The Seller shall invoice the Buyer for the price of the Product at the same time as consignment. Should the Buyer fail to collect the Product from the Seller's premises within the terms established by the Agreement, without prejudice to the rights set out by art. 6.3, the Seller shall have the right to issue invoice for the price of the Product at any stage. The Seller may do so following verbal or written notice provided to the Buyer that the Product is available for collection.
    5.2 The Buyer must pay the Product price within the terms specified on the Confirmation of Order and invoice. Payment must be made directly to the Seller's domicile. The Seller shall have the right to receive payment even in the event that the Buyer should fail to collect the Products under the terms and conditions specified on the Confirmation of Order.
    5.3 Should the Buyer fail to make payment within the terms established by the Agreement, the Seller shall have the right to the payment of late payment interest in accordance with Italian legislative decree no. 231/02, without prejudice to compensation for any greater damages.
    5.4 The Seller shall, in any case, have the right to suspend delivery of Products in the event of default by the Buyer.
    5.5 For payments received from abroad, fund transfer costs from the foreign bank to the Italian bank will be paid for in full by the Buyer.

    6. Delivery, Product collection, handover of risks
    6.1 Unless otherwise agreed, goods will be delivered, with the consequent handover of the risk of damaging and/or deterioration of Products to the Buyer, Ex Works.
    6.2 Delivery terms are fixed by the Seller in the Confirmation of Order.
    6.3 Should the Buyer fail to collect the Product within the delivery terms set forth in the Agreement, or should he fail to provide the Seller with adequate instructions for delivery, without prejudice to the rights described by art. 5.1 above, the Seller shall have the right to request reimbursement by the Buyer of all costs sustained for storage of the Product.

    7. Buyer commitments
    7.1 The Buyer is the sole party responsible for the choice of Products purchased and for all activities subsequent to sale, namely the installation, handling, assembly, set-up and maintenance of the Product at the Buyer's premises. These activities must be carried out in full compliance with the instructions given in the Technical Documentation. The Buyer must also be in possession of structures and skills (including technological skills) necessary for the correct use of the Product.
    7.2 More specifically, in order to ensure correct installation and subsequent correct function of the Product, the Buyer must comply in full and diligently with all obligations listed in the Technical Documentation.
    7.3 The Buyer must also comply with and apply all regulations and local rules applicable in the country in which the Product is to be used. These include all those concerning the protection of public health and safety and good commercial practise. Any costs relating to the compliance of the Product with that set out by the legislation of the country in which it is to be used, will be paid for exclusively by the Buyer.

    8. Guarantees, responsibilities
    8.1 With the exclusion of any other stipulations in these general terms and conditions of sale, and within the limits imposed by law, the Seller’s liability for claims due to faults or quality defects in the goods or services (‘Products’) supplied pursuant to this Agreement is limited as follows:
    a) The Seller guarantees that the Products are free of any manufacturing defects for a period of 24 (twenty-four) months from the date of their production. During such warranty period, the Seller shall repair or, at its sole discretion, replace, at its own cost, all Products that are returned and recognised as being nonconforming.
    b) The Seller shall not be liable for costs of identifying the defects, nor for the removal, transport or reinstallation of any Products found to be defective;
    c) In no circumstances shall the Seller respond to claims for defects in Products that have not been promptly reported and with regard to which the Seller does not have the possibility to inspect the disputed parts, delivered freight-paid to its own site.
    8.2 The Purchaser is responsible for verifying and certifying that the units that Carel programmable controllers and hardware subsystems are incorporated into comply with the standards in force in the where these are installed; 
    The Purchaser is also responsible for verifying and certifying that the software and firmware subsystems supplied and/or developed by Carel and installed in its own units/applications fully meet the desired performance requirements. The Seller is not liable in the event of malfunctions due to nonconformity of the hardware or software/firmware supplied and/or developed by Carel that were highlighted in its own application.
    8.3 In the event of a Product found to be faulty whilst under warranty, the Seller undertakes to repair and/or replace such in accordance with the regulations explained hereto, with no prejudice to the Buyer's right to take alternative legal remedies. The Product under warranty, where an initial verification by the Seller takes it to be repairable, may only be repaired at the Seller's establishment. The Seller will also re-complete packaging, regenerating it as new. Should the repair not be economically viable, or should the Seller not be able to guarantee the future reliability of the Product, the Seller reserves the right to replace the Product free of charge, with a new Product.
    8.4 In compliance with the terms and conditions set out by the previous art. 8.2, must request authorisation from CAREL to return the material using the RMA procedure (Return Material Authorization), correctly completing the special form available on the CAREL website (https://rma.carel.com/CarelRma/faces/pages/user/index.jspx) and specifying all the required information in detail. The Buyer will receive a response within two (2) working days; in particular the response will indicate the RMA number for all accepted returns and any explanations in case of refusal. The Buyer must send the faulty Product, in its original packaging and/or in appropriate packaging, at his own expense, to the Seller's premises. The item must be sent complete with its original label stating the relevant identification code, serial number, date of manufacture quoting the RMA number received on the delivery documents and making sure the number is clearly visible on the outside of the packaging.
    Returns failing to meet this criteria will not be accepted at the CAREL store.
    The Buyer shall invalidate the warranty if the identification label has been removed or damaged. The Seller will only accept the material if coming from the Buyer. As such, distributors or retailers must collect the Product for repair or replacement from their clients, and deliver it to the Seller. The Seller shall carry out all appropriate checks and/or works and return the material within the terms necessary for repair. The Seller will return the Product as quickly as possible and, in any case, in no more than 2 months as from receipt of the return. This is without prejudice to where additional specific checks are required and in which case, the Buyer will be duly informed of such. The Seller will return the Product repaired under warranty to the Buyer at the Seller's own expense (DDU - Incoterms 2000).
    8.5. It is agreed that the Seller shall accept no liability for Product flaws deriving from the following: failure to comply with the instructions given in the Technical Documentation, tampering, improper use, incorrect installation, incorrect use, negligent maintenance, repairs, changes or alterations made or caused by the Buyer or by unauthorised third parties, extraordinary events such as accidents, abnormal wear of the Product or its components caused, by way of example, by the physical, electrical or electromagnetic environment. More specifically, it is specified that the Buyer shall be the sole party liable for the use of the Products in machines and for activities and applications that differ from those specified in the Seller's Technical Documentation and for all the relevant consequences.
    8.6 With the exception of cases of fraud and serious misconduct, the Seller shall not be held liable for any further contractual or non-contractual damages for such, in any case originating from the Product. This includes, as mere examples and not intended as an exhaustive list, compensation for direct and indirect damages, losses including loss of profits, costs, fees also in relation to the withdrawal of the Product from the market. The Seller's liability is limited to the compensation of an amount not in excess of the price of the Product.

    9. Return of materials for credit and interventions not covered by warranty
    9.1 Any return of new material for credit, not covered by cases under warranty, must be authorised by the Seller in advance.
    In particular, the Buyer request authorisation from CAREL to return the material using the RMA procedure (Return Material Authorization), correctly completing the special form available on the CAREL website, as described in art. 8.4.
    The document accompanying returned goods must mention, as well as the RMA number sent by the Seller, the exact details of the sales invoice, which must also be dated no more than 12 (twelve) months earlier. Products retuned within 20 days of delivery will be devalued by 20% as compared with purchase price, for administrative, movement and control fees. Transport costs will be paid for by the Buyer. The returned Product must not show any signs of tampering and must be supplied in its original packaging. If not, in addition to the above-stated write-down, the cost for restoration to new conditions will also be charged. Failure to comply with this art. 9.1 will entail failure to accept the returned Product.
    9.2 Should the Buyer request a Product repair that is not covered by the warranty pursuant to art. 8.2 herein, the Buyer must pay for the delivery and return of the Product to and from the Seller's premises. The repair will be charged to the Buyer. This charge will be inclusive of labour and parts replaced, up to a maximum limit established as 40% of their current list price.
    Repairs will consist of the regeneration of the Product as new, as long as this is possible and worthwhile. If this is not the case, the Seller will return the Product to the Buyer, without having carried out any work and at no charge.

    10. Software
    Should the Product include a software application, the use of this software may, as applicable, be governed by specific, separate terms and conditions of a license for use.

    11. Drawings, technical documents and intellectual property
    11.1 The Technical Documentation, all drawings, documents and technical specifications, illustrations and information concerning the Product/s delivered and made available by the Seller to the Buyer, may not be used for any purpose other than that for which they have been sent, unless specifically authorised by the Seller. Intended purposes include, for example, installation, use, maintenance and marketing.
    11.2 All information (supplied in any form and format), technical standards, specifications supplied by the Seller described by art. 10.1, are the exclusive property of the latter. No trademark license or license to use patents or other industrial or intellectual property rights relating to the above-stated technical information, know-how, etc., are considered as granted to the Buyer under this Agreement.

    12. Export conditions
    12.1 The sale of the Products and basic technology may be subject to export controls, according to various local regulations and laws. Such controls may be performed by the various authorities of each country in which the Products are to be marketed. The Buyer is responsible for complying with the laws, regulations and/or directives governing the import of goods. The Buyer is also responsible for paying duties in the country of destination through to the end customer.
    12.2 The Seller is committed to supplying the Buyer with all information and assistance that can reasonably be requested by the other Party in obtaining authorisations and licenses required by local laws for the products to be exported. He must also take all measures necessary to obtaining the required supporting documents, in a timely manner.

    13. Force majeure
    The Seller is not responsible for any delays or breaches of contractual obligations where such delay or breach is due to causes independent of his will. These include, as examples and not intended as an exhaustive list, natural disasters, wars, embargo, requirements, legislations added, strikes, production blocks, difficulties in finding raw materials and other essential parts to the production equipment, machinery failures or interruptions to energy supplies.

    14. Product Quality and Certification Processes
    The Seller's quality management system is certified ISO 9001 in accordance with the purpose specified on the certificate (ref. "Design, manufacture and sale of electronic control instruments, connections systems, remote management and monitoring and humidification systems").
    The Seller's Products are designed and built in accordance with current European standards. Every Product is designed and tested to fall within the limits established by the European standards of reference as concerns electromagnetic compatibility and safety.
    Furthermore, many of the Seller's Products are tested and certified by international certification bodies (applicable certification trademarks can be seen on the product identification label).

    15. Language
    These Conditions have been drawn up in Italian and translated into English. Should there be any disagreement or differences between the Italian text and the English translation, the Italian text shall prevail.

    16. Applicable law
    The Agreement is subject to Italian law. Where the sale of the Product is made in countries other than Italy, it is specifically agreed that the parties exclude application of the United Nations Convention on international goods sales agreements adopted in Vienna on 11th April 1980 to this Agreement.


     
    GENERAL CONDITIONS OF THE PLANTVISORPRO AGREEMENT

    1. Definitions
    In accordance with these conditions, the following definitions shall have the meanings given, regardless of whether they are used in a singular or plural form:
    BUYER:the buyer of the PlantVisorPro local.
    CONDITIONS: these general conditions of the agreement, which form an integral and substantial part of said Agreement and are also available from the website www.carel.com.
    CONFIRMATION OF ORDER: the written document of Order acceptance, sent by the Seller to the Buyer, containing: the description of the Product/s sold, the Seller's product code (and on request, also that of the Buyer), the quantity, unit price, transport terms, delivery terms and payment terms.
    AGREEMENT: the agreement drawn up between the Buyer and Seller for the sale of the PlantVisorPro Local.
    TECHNICAL DOCUMENTATION:: (i) paper manual containing the technical data and operative instructions for the assembly, installation, maintenance and set-up of the PlantVisorPro local, prepared and drawn up by CAREL INDUSTRIES S.p.A., enclosed within the PlantVisorPro local package, (ii) On-line help; (iii) document: 'Correct installation of the PlantVisorPro local'; (iv) document: Specifications for the supply to the PlantVisorPro local', available from the website www.carel.com.
    EX WORKS OR EXW: delivery conditions of the PlantVisorPro local in accordance with international 'Incoterms 2000' rules, namely at the Seller's premises. As from the time of consignment, the Buyer shall pay for all loading, transport, delivery and insurance costs.
    ORDER: the document sent by the Buyer to the Seller, setting out the proposed purchase of the PlantVisorPro local and relevant identification code.
    PARTIES: The Buyer and Seller referred to jointly.
    'PlantVisorPro local': electronic standardised monitoring and detection system to be used in HVAC/R systems marked by a given identification code assigned by the Seller and consisting of the following items: an electronic processor equipped with software and firmware, a PC-Gate with relative power supply, all branded with the Carel trademark.
    SELLER: CAREL INDUSTRIES S.p.A. (Italy).

    2. Application and efficiency of the Conditions
    2.1 The Conditions are an integral and substantial part of each PlantVisorPro Local Sales Agreement. In the event of any discrepancy, they shall prevail over any purchase conditions that may be stated by the Buyer on the Order, unless otherwise agreed in writing by the Parties.
    2.2 The Conditions are always available from the website www.carel.com. They are efficient between the Parties as the Buyer can become aware of such using ordinary diligence upon drawing up the Agreement.

    3. Orders, Confirmations of Order and Technical Documentation
    3.1 Orders must be in writing. They are considered as accepted by the Seller by transmission of the Confirmation of Order to the Buyer.
    3.2 The Buyer guarantees that the terms and conditions in relation to each Purchase Order and each Confirmation of Order are correct. The Buyer declares that he has carefully examined all the Technical Documentation prior to having sent the Order, and has verified the technical and applicative compliance of his machinery and tools with the Products.
    3.3 The Seller reserves the right to make any changes to the Purchase Order for the PlantVisorPro local, where it requires adaptation to meet internal or Community standards, or is altered in such a way that does not prejudice its quality or function, or is replaced with a more recent series with comparable form and/or functions to that replaced.
    3.4 All activities following the sale of the PlantVisorPro local, for example, but not intended as an exhaustive list, the installation, assistance with assembly and set-up of the PlantVisorPro local, according to the Buyer's demands, is at the exclusive cost, risk and liability of the Buyer. The Buyer must comply in full with all operative instructions set out in the Technical Documentation.

    4. Price
    4.1 The price of the PlantVisorPro Local is as established in the price list current as of the date of Order. The price includes packaging costs according to the Seller's standards. Any special packaging required by the Buyer will be paid for by the Buyer himself. The price does not include taxes and duties on the sale, customs duties, any other charges and VAT, if due.
    4.2 Without prejudice to alternative written agreements, all prices established by the Seller are Ex Works.

    5. Invoicing and method of payment
    5.1 The Seller shall invoice the Buyer for the price of the PlantVisorPro local at the same time as consignment. Should the Buyer fail to collect the PlantVisorPro local from the Seller's premises within the terms established by the Agreement, without prejudice to the rights set out by art. 6.3 herein, the Seller shall have the right to issue invoice for the price of the PlantVisorPro local at any stage. The Seller may do so following verbal or written notice provided to the Buyer that the PlantVisorPro local is available for collection.
    5.2 The Buyer must pay the PlantVisorPro Local price within the terms specified on the Confirmation of Order or invoice. Payment must be made directly to the Seller's domicile. The Seller shall have the right to receive payment even in the event that the Buyer should fail to collect the PlantVisorPro Local under the terms and conditions specified on the Confirmation of Order.
    5.3 Should the Buyer fail to make payment within the terms established by the Agreement, the Seller shall have the right to the maturity and payment of late payment interest in accordance with Italian Legislative Decree no. 231/02. This is without prejudice to compensation for greater damages.
    5.4 For payments from abroad, fund transfer costs from the foreign bank to the Italian bank will be paid for in full by the Buyer.

    6. Delivery, PlantVisorPro Local collection, handover of risks
    6.1 Unless otherwise agreed, the consignment of the goods, with relative transfer of the risk of damages and/or depreciation of the PlantVisorPro local to the Buyer, is intended as EXW – Ex Works. This applies even where full or partial delivery by the Seller has been agreed to another destination. In this case, the Buyer shall pay for all costs borne by the Seller for the transport, delivery, packaging and insurance.
    6.2 Delivery terms are fixed by the Seller on the Confirmation of Order.
    6.3 Should the Buyer fail to collect the PlantVisorPro Local within the delivery terms set forth in the Agreement, or should he fail to provide the Seller with adequate instructions for delivery, without prejudice to the rights described by art. 5.1 above, the Seller shall have the right to request reimbursement by the Buyer of all costs sustained for storage of the PlantVisorPro Local.

    7. Buyer commitments
    7.1 The Buyer is the sole party responsible for choosing the PlantVisorPro Local purchased. The Buyer has therefore decided that it is suitable to meeting his demands and for all activities subsequent to sale, namely the installation, maintenance, assembly and set-up of the PlantVisorPro Local at the Buyer's premises. These activities must be carried out in full compliance with the instructions given in the Technical Documentation. The Buyer must also be in possession of structures and skills (including technological skills) necessary for the correct use of the PlantVisorPro Local.
    7.2 Specifically, for the purposes of carrying out correct installation and subsequent correct function of the PlantVisorPro Local, the Buyer must comply with all obligations listed in the on-line documentation, with utmost diligence. This documentation consists of the 'Correct installation of the PlantVisorPro Local' and the 'Specifications for the supply of the PlantVisorPro Local'.
    7.3 In implementing the Agreement, the Buyer must also comply with and apply all local regulations and rules applicable in the country in which the PlantVisorPro Local is to be used. These include all those concerning the protection of public health and safety and good commercial practise. Any costs relating to the compliance of the PlantVisorPro Local with that set out by the legislation of the country in which it is to be used, will be paid for exclusively by the Buyer.

    8. Warranties, responsibilities and return of materials
    8.1 The Seller guarantees that the PlantVisorPro Local is free from material faults and flaws of manufacture and complies with the standard technical specifications contained in the Technical Documentation.The Seller provides no warranty on materials and/or parts of the PlantVisorPro Local not produced by themselves, nor for any damages caused by uses not known at the time of Order and Confirmation of Order. The Seller also refuses to provide any guarantee of compatibility of the PlantVisorPro Local with other electronic equipment or other specific processing programmes.
    8.2 The Seller undertakes to guarantee the PlantVisorPro Local for 2 (two) years as from the date of its manufacture. This shall apply as long as the full price has been paid by the date stated on the invoice or in any case set out by the Agreement, and as long as any flaws are notified within 8 (eight) days of the date on which they are discovered.
    8.3 The PlantVisorPro Local under warranty, where an initial verification by the Seller takes it to be repairable, may only be repaired at the Seller's establishment. The Seller will also re-complete packaging, regenerating it as new. Where repair is not possible or not economically worthwhile, the Seller reserves the right to replace the PlantVisorPro Local with a new one free of charge. This is without prejudice to the Buyer's right to seek alternative legal remedies.
    8.4 In compliance with the terms and conditions set out by the previous art. 8.2, the Buyer must send the faulty PlantVisorPro Local, in its original packaging and/or in suitable packing, at his own expense, to the Seller's premises. The item must be sent complete with its identification code, serial number, date of manufacture and a detailed written description of the flaw reported. The Buyer shall invalidate the warranty if the identification label has been removed or damaged. The Seller will only accept the material if coming from the Buyer. As such, distributors or retailers must collect the PlantVisorPro Local for repair or replacement from their clients, and deliver it to the Seller. The Seller shall carry out all appropriate checks and/or works and return the material within the terms necessary for repair. The Seller will return the Product as quickly as possible and, in any case, in no more than 2 months as from receipt of the return. This is without prejudice to where additional specific checks are required, and in which case, the Buyer will be duly informed of such. The Seller will bear the costs, DDU (Incoterms 2000) for returning the PlantVisorPro Local to the Buyer.
    8.5 This is without prejudice to the fact that the Seller shall provide no warranty to cover flaws in the PlantVisorPro Local deriving from: failure to comply with the instructions given in the Technical Documentation, tampering, improper use, incorrect installation, incorrect use, negligent maintenance, repairs, changes or alterations made or caused by the Buyer or by unauthorised third parties, extraordinary events such as accidents, abnormal wear of the PlantVisorPro Local or its components caused, by way of example, by the physical, electrical or electromagnetic environment. More specifically, it is specified that the Buyer shall be the sole party liable for the use of the Products in machines and for activities and applications that differ from those specified in the Seller's Technical Documentation. The Buyer shall also therefore be liable for all and any relevant consequences.
    8.6 With the exception of cases of fraud and serious misconduct, the Seller therefore excludes any further contractual or non-contractual liability for such, in any case originating from the PlantVisorPro Local. This includes, as mere examples and not intended as an exhaustive list, compensation for direct and indirect damages, losses including loss of profits, costs, fees also in relation to the withdrawal of the PlantVisorPro Local from the market, lack of earnings, and interruption of the operations of the PlantVisorPro Local. The Seller's contractual liability is limited to the compensation of an amount not in excess of the price of the PlantVisorPro Local.
    8.7 Any return of new materials for credit, for reasons not due to the Seller, must be agreed with the Seller in advance. The document accompanying returned goods must mention the exact details of the sales invoice, which must also be dated no more than 12 months earlier. The PlantVisorPro Local returned within the first 20 days of consignment will be devalued by 20% as compared with the original purchase price, for administrative, movement and control fees. Transport costs will be paid for by the Buyer. The returned PlantVisorPro Local must not show any signs of tampering and must be supplied in its original packaging. Failure to do so will entail the charge of cost for restoration to new condition, in addition to the above-stated impairment. Failure to comply with this art. 8.7 will result in failure to accept the returned PlantVisorPro Local.

    9. Licensed software
    The right to use the standardised application software included in the PlantVisorPro Local is subject to the Buyer's acceptance, or acceptance by the effective user where this is not the Buyer, of further terms and conditions. These further terms and conditions are stated in a separate license agreement for the use of the software, which can be viewed on the screen immediately after turning the PlantVisorPro Local on.
    10. Drawings, technical documents and intellectual property
    10.1 All Technical Documentation, drawings, documents and technical specifications, illustrations and information concerning the PlantVisorPro Local delivered and made available to the Buyer by the Seller, may not be used for any purpose other than that for which they have been sent, unless specifically authorised by the Seller. Intended purposes include, by way of example, the installation, use, maintenance and marketing of the Product.
    10.2 All information (supplied in any form and format), technical standards and specifications supplied by the Seller, as per art. 10.1 above, are the exclusive property of the Seller. No trademark license or license to use patents or other industrial or intellectual property rights relating to the above-stated technical information, know-how, etc., are considered as granted to the Buyer under this Agreement.

    11. Export conditions
    11.1 The sale of the PlantVisorPro Locals and their basic technology may be subject to export controls, according to various local regulations and laws. Such controls may be performed by the various authorities of each country in which the PlantVisorPro Local is to be marketed. The Buyer is responsible for complying with the laws, regulations and/or directives governing the import of goods. The Buyer is also responsible for paying duties in the country of destination through to the end customer.
    11.2 The Seller is committed to supplying the Buyer with all information and assistance that can reasonably be requested by the other Party in obtaining authorisations and licenses required by local laws for the products to be exported. The Seller must also take all measures necessary to obtaining the required supporting documents, in a timely manner.

    12. Force majeure
    The Seller is not responsible for any delays or breach of contractual obligations where such delay or breach is due to causes independent of his will. These include, as examples and not intended as an exhaustive list, natural disasters, wars, embargo, requisitions, new legislations, strikes, production blocks, difficulties in finding raw materials and other essential parts to the production equipment, machinery failures or interruptions to energy supplies.

    13. PlantVisorPro Local quality
    13.1 The Seller's quality management system is certified ISO 9001 in accordance with the purpose specified on the certificate (ref. "Design, manufacture and sale of electronic control instruments, connections systems, remote management and monitoring and humidification systems").
    13.2 The Seller's Products are designed and built in accordance with current European standards.
    13.3 Every Product is further designed and tested to fall within the limits established by the European standards of reference as concerns electromagnetic compatibility and safety.
    13.4 Furthermore, many of the Seller's Products are tested and certified by international certification bodies (applicable certification trademarks can be seen on the product identification label).

    14. Language
    These Conditions have been drawn up in Italian and translated into English.
    Should there be any disagreement or differences between the Italian text and the English translation, the Italian text shall prevail.

    15. Applicable law
    This Agreement is subject to Italian law. Where the sale of the PlantVisorPro Local is made in countries other than Italy, it is specifically agreed that the parties exclude application of the United Nations Convention on international goods sales agreements adopted in Vienna on 11th April 1980 to this Agreement.



     
    GENERAL CONDITIONS OF THE PLANTWATCHPRO AGREEMENT
     

    1. Definitions

    In accordance with these conditions, the following definitions shall have the meanings given, regardless of whether they are used in a singular or plural form:

    'Buyer': the buyer of the PlantWatchPro.

    'Conditions': these general conditions of the agreement, which form an integral and substantial part of said Agreement and are also avaable from the website 'www.carel.com'.

    'Confirmation of Order': the written document of Order acceptance, sent by the Seller to the Buyer, valid as Order acceptance.

    'Agreement': the agreement drawn up between the Buyer and Seller for the sale of the PlantWatchPro.

    'Technical documentation': (i) paper manual containing the technical data and operative instructions for the assembly, installation, maintenance and set-up of the PlantWatchPro, prepared and drawn up by CAREL INDUSTRIES S.p.A., enclosed within the PlantWatchPro package, (ii) On-line help.

    'Ex-works' or 'EXW': delivery conditions of the PlantWatchPro in accordance with international 'Incoterms 2000' rules, namely at the Seller's premises. As from the time of consignment, the Buyer shall pay for all loading, transport, delivery and insurance costs.

    'Order': the document sent by the Buyer to the Seller, setting out the proposed purchase of the PlantWatchPro and relevant identification code.

    'Parties': The Buyer and Seller referred to jointly.

    'PlantWatchPro': electronic standardised monitoring and detection system to be used in HVAC/R systems marked by a given identification code assigned by the Seller and consisting of the following items: an electronic processor equipped with software and firmware, branded with the Carel trademark.

    'Seller': CAREL INDUSTRIES S.p.A. (Italy).

     

    2. Application and efficiency of the Conditions

    2.1 The Conditions are an integral and substantial part of each PlantWatchPro Sales Agreement. In the event of any discrepancy, they shall preva over any purchase conditions that may be stated by the Buyer on the Order, unless otherwise agreed in writing by the Parties.

    2.2 The Conditions are always avaable from the website www.carel.com. They are efficient between the Parties as the Buyer can become aware of such using ordinary digence upon drawing up the Agreement.

     

    3. Orders, Confirmations of Order and Technical Documentation

    3.1 Orders must be in writing. They are considered as accepted by the Seller by transmission of the Confirmation of Order to the Buyer.

    3.2 The Buyer guarantees that the terms and conditions in relation to each Purchase Order and each Confirmation of Order are correct. The Buyer declares that he has carefully examined all the Technical Documentation prior to having sent the Order, and has verified the technical and applicative compliance of his machinery and tools with the Products.

    3.3 The Seller reserves the right to make any changes to the Purchase Order for the PlantWatchPro, where it requires adaptation to meet internal or Community standards, or is altered in such a way that does not prejudice its quality or function, or is replaced with a more recent series with comparable form and/or functions to that replaced.

    3.4 All activities following the sale of the PlantWatchPro, for example, but not intended as an exhaustive list, the installation, assistance with assembly and set-up of the PlantWatchPro, according to the Buyer's demands, is at the exclusive cost, risk and liabity of the Buyer. The Buyer must comply in full with all operative instructions set out in the Technical Documentation.

     

    4. Price

    4.1 The price of the PlantWatchPro is as established in the price list current as of the date of Order. The price includes packaging costs according to the Seller's standards. Any special packaging required by the Buyer wl be paid for by the Buyer himself. The price does not include taxes and duties on the sale, customs duties, any other charges and VAT, if due.

    4.2 Without prejudice to alternative written agreements, all prices established by the Seller are Ex Works.

     

    5. Invoicing and method of payment

    5.1 The Seller shall invoice the Buyer for the price of the PlantWatchPro at the same time as consignment. Should the Buyer fa to collect the PlantWatchPro rom the Seller's premises within the terms established by the Agreement, without prejudice to the rights set out by art. 6.3 herein, the Seller shall have the right to issue invoice for the price of the PlantWatchPro at any stage. The Seller may do so following verbal or written notice provided to the Buyer that the PlantWatchPro is avaable for collection.

    5.2 The Buyer must pay the PlantWatchPro price within the terms specified on the Confirmation of Order or invoice. Payment must be made directly to the Seller's domice. The Seller shall have the right to receive payment even in the event that the Buyer should fa to collect the PlantWatchPro under the terms and conditions specified on the Confirmation of Order.

    5.3 Should the Buyer fa to make payment within the terms established by the Agreement, the Seller shall have the right to the maturity and payment of late payment interest in accordance with Italian Legislative Decree no. 231/02. This is without prejudice to compensation for greater damages.

    5.4 For payments from abroad, fund transfer costs from the foreign bank to the Italian bank wl be paid for in full by the Buyer.

     

    6. Delivery, PlantWatchPro collection, handover of risks

    6.1 Unless otherwise agreed, the consignment of the goods, with relative transfer of the risk of damages and/or depreciation of the PlantWatchPro to the Buyer, is intended as EXW – Ex Works. This applies even where full or partial delivery by the Seller has been agreed to another destination. In this case, the Buyer shall pay for all costs borne by the Seller for the transport, delivery, packaging and insurance.

    6.2 Delivery terms are fixed by the Seller on the Confirmation of Order.

    6.3 Should the Buyer fa to collect the PlantWatchPro within the delivery terms set forth in the Agreement, or should he fa to provide the Seller with adequate instructions for delivery, without prejudice to the rights described by art. 5.1 above, the Seller shall have the right to request reimbursement by the Buyer of all costs sustained for storage of the PlantWatchPro.

     

    7. Buyer commitments

    7.1 The Buyer is the sole party responsible for choosing the PlantWatchPro purchased. The Buyer has therefore decided that it is suitable to meeting his demands and for all activities subsequent to sale, namely the installation, maintenance, assembly and set-up of the PlantWatchPro at the Buyer's premises. These activities must be carried out in full compliance with the instructions given in the Technical Documentation. The Buyer must also be in possession of structures and skls (including technological skls) necessary for the correct use of the PlantWatchPro.

    7.2 Specifically, for the purposes of carrying out correct installation and subsequent correct function of the PlantWatchPro, the Buyer must comply with all obligations listed in the on-line documentation, with utmost digence. This documentation consists of the 'Correct installation of the PlantWatchPro'.

    7.3 In implementing the Agreement, the Buyer must also comply with and apply all local regulations and rules applicable in the country in which the PlantWatchPro is to be used. These include all those concerning the protection of public health and safety and good commercial practise. Any costs relating to the compliance of the PlantWatchPro with that set out by the legislation of the country in which it is to be used, wl be paid for exclusively by the Buyer.

     

    8. Warranties, responsibities and return of materials

    8.1 The Seller guarantees that the PlantWatchPro is free from material faults and flaws of manufacture and complies with the standard technical specifications contained in the Technical Documentation. The Seller provides no warranty on materials and/or parts of the PlantWatchPro not produced by themselves, nor for any damages caused by uses not known at the time of Order and Confirmation of Order. The Seller also refuses to provide any guarantee of compatibity of the PlantWatchPro with other electronic equipment.

    8.2 The Seller undertakes to guarantee the PlantWatchPro for 2 (two) years as from the date of its manufacture. This shall apply as long as the full price has been paid by the date stated on the invoice or in any case set out by the Agreement, and as long as any flaws are notified within 8 (eight) days of the date on which they are discovered.

    8.3 The PlantWatchPro under warranty, where an initial verification by the Seller takes it to be repairable, may only be repaired at the Seller's charge. The Seller wl also re-complete packaging, regenerating it as new. Where repair is not possible or not economically worthwhe, the Seller reserves the right to replace the PlantWatchPro with a new one free of charge. This is without prejudice to the Buyer's right to seek alternative legal remedies.

    8.4 In compliance with the terms and conditions set out by the previous art. 8.2, the Buyer must send the faulty PlantWatchPro, in its original packaging and/or in suitable packing, at his own expense, to the Seller's premises. The item must be sent complete with its identification code, serial number, date of manufacture and a detaed written description of the flaw reported. The Buyer shall invalidate the warranty if the identification label has been removed or damaged. The Seller wl only accept the material if coming from the Buyer. As such, distributors or retaers must collect the PlantWatchPro for repair or replacement from their clients, and deliver it to the Seller. The Seller shall carry out all appropriate checks and/or works and return the material within the terms necessary for repair. The Seller wl return the Product as quickly as possible and, in any case, in no more than 2 months as from receipt of the return. This is without prejudice to where additional specific checks are required, and in which case, the Buyer wl be duly informed of such. The Seller wl bear the costs, DDU (Incoterms 2000) for returning the PlantWatchPro to the Buyer.

    8.5 This is without prejudice to the fact that the Seller shall provide no warranty to cover flaws in the PlantWatchPro deriving from: faure to comply with the instructions given in the Technical Documentation, tampering, improper use, incorrect installation, incorrect use, negligent maintenance, repairs, changes or alterations made or caused by the Buyer or by unauthorised third parties, extraordinary events such as accidents, abnormal wear of the PlantWatchPro or its components caused, by way of example, by the physical, electrical or electromagnetic environment. More specifically, it is specified that the Buyer shall be the sole party liable for the use of the Products in machines and for activities and applications that differ from those specified in the Seller's Technical Documentation. The Buyer shall also therefore be liable for all and any relevant consequences.

    8.6 With the exception of cases of fraud and serious misconduct, the Seller therefore excludes any further contractual or non-contractual liabity for such, in any case originating from the PlantWatchPro. This includes, as mere examples and not intended as an exhaustive list, compensation for direct and indirect damages, losses including loss of profits, costs, fees also in relation to the withdrawal of the PlantWatchPro from the market, lack of earnings, and interruption of the operations of the PlantWatchPro. The Seller's contractual liabity is limited to the compensation of an amount not in excess of the price of the PlantWatchPro.

    8.7 Any return of new materials for credit, for reasons not due to the Seller, must be agreed with the Seller in advance. The document accompanying returned goods must mention the exact detas of the sales invoice, which must also be dated no more than 12 months earlier. The PlantWatchPro returned within the first 20 days of consignment wl be devalued by 20% as compared with the original purchase price, for administrative, movement and control fees. Transport costs wl be paid for by the Buyer. The returned PlantWatchPro must not show any signs of tampering and must be supplied in its original packaging. Faure to do so wl enta the charge of cost for restoration to new condition, in addition to the above-stated impairment. Faure to comply with this art. 8.7 wl result in faure to accept the returned PlantWatchPro.

     

    9. Licensed software

    The right to use the standardised application software included in the PlantWatchPro is subject to the Buyer's acceptance, or acceptance by the effective user where this is not the Buyer, of further terms and conditions. These further terms and conditions are stated in a separate license agreement for the use of the software, which is avaable inside the Technical Documentation included in the packaging.

     

     

    10. Drawings, technical documents and intellectual property

    10.1 All Technical Documentation, drawings, documents and technical specifications, lustrations and information concerning the PlantWatchPro delivered and made avaable to the Buyer by the Seller, may not be used for any purpose other than that for which they have been sent, unless specifically authorised by the Seller. Intended purposes include, by way of example, the installation, use, maintenance and marketing of the Product.

    10.2 All information (supplied in any form and format), technical standards and specifications supplied by the Seller, as per art. 10.1 above, are the exclusive property of the Seller. No trademark license or license to use patents or other industrial or intellectual property rights relating to the above-stated technical information, know-how, etc., are considered as granted to the Buyer under this Agreement.

     

    11. Export conditions

    11.1 The sale of the PlantWatchPro and their basic technology may be subject to export controls, according to various local regulations and laws. Such controls may be performed by the various authorities of each country in which the PlantWatchPro is to be marketed. The Buyer is responsible for complying with the laws, regulations and/or directives governing the import of goods. The Buyer is also responsible for paying duties in the country of destination through to the end customer.

    11.2 The Seller is committed to supplying the Buyer with all information and assistance that can reasonably be requested by the other Party in obtaining authorisations and licenses required by local laws for the products to be exported. The Seller must also take all measures necessary to obtaining the required supporting documents, in a timely manner.

     

    12. Force majeure

    The Seller is not responsible for any delays or breach of contractual obligations where such delay or breach is due to causes independent of his wl. These include, as examples and not intended as an exhaustive list, natural disasters, wars, embargo, requisitions, new legislations, strikes, production blocks, difficulties in finding raw materials and other essential parts to the production equipment, machinery faures or interruptions to energy supplies.

     

    13. PlantWatchPro quality

    13.1 The Seller's quality management system is certified ISO 9001 in accordance with the purpose specified on the certificate (ref. "Design, manufacture and sale of electronic control instruments, connections systems, remote management and monitoring and humidification systems").

    13.2 The Seller's Products are designed and but in accordance with current European standards.

    13.3 Every Product is further designed and tested to fall within the limits established by the European standards of reference as concerns electromagnetic compatibity and safety.

    13.4 Furthermore, many of the Seller's Products are tested and certified by international certification bodies (applicable certification trademarks can be seen on the product identification label).

     

    14. Language

    These Conditions have been drawn up in Italian and translated into English.
    Should there be any disagreement or differences between the Italian text and the English translation, the Italian text shall preva.

     

    15. Applicable law

    This Agreement is subject to Italian law. Where the sale of the PlantWatchPro is made in countries other than Italy, it is specifically agreed that the parties exclude application of the United Nations Convention on international goods sales agreements adopted in Vienna on 11th Apr 1980 to this Agreement.
     

     

    March 2016, Rel. 1.2
    Sales Conditions valid as of 07.03.2016

     

    Previous releases

    Sales Conditions rel 1.1 (valid as of May 2012)
    Sales Conditions rel 1.0