ART.1 QUOTATIONS AND OTHER COMMUNICATIONS
Documentation like presented in catalogues, brochures, schemes, technical data sheets, plans, posters, displays, are always without engagement. We don’t accept any responsibility for eventual printing or writing errors or calculation faults. For our plans, drawings, conception of documentation, schemes, we keep the property and author right, they may not be communicated to third parties, except with our prior explicit approval.
All our mentioned and printed prices are without engagement. A new price list or price offer is cancelling automatically the former prices. The price quotations and discounts, without validity date are only valid for 2 months, counting from the very quotation date. If not specified particularly, all prices are understood as without VAT, ex – Seat Crionovo, exclusive eventual supplementary costs like transport, packing, recuperation contribution, if applicable, and as nett prices, without extra commercial or financial discount.
The price of an option is only valid, if ordered together with the corresponding appliance, if ordered afterwards the article will become a spare part.
1.3 Delivery times
All delivery times are given as an indication and without engagement. A delivery, too soon or too late, does not give right to an indemnity or order annulation. Eventual penalty closes of the client are not valid, except if both parties agreed it in an explicit written document.. Delivery times depend on the provisioning possibilities, the production and transport lead times with the included eventual storage in-between. All cases of unsuspected circumstances and of force majeure, by the suppliers of Crionovo, allow Crionovo to cancel the order, partially or entirely, without giving the right to the client to claim any compensation to Crionovo.
1.4 Joining accessories
All machines and appliances, which can contain extra accessories, such like grids, plates, containers, gastronorm pans, slides, transverse pieces, supports, are always delivered without, except if it’s specially mentioned in offers or price lists. For appliances, mentioned as “without condensing unit”, the same principle is applicable: this unit never is included in the price, except if it’s explicitly mentioned in the price offer or price list.
1.5 Electronic dates
When offering electronic data, simultaneously in different formats, folders or media, such like e ;g. Word, Excel, Outlook, PDF,…. The less modifiable like PDF, primes.
ART.2 ORDERS AND ORDER ACCEPTATION
Crionovo is always sending an order confirmation, as an order acceptation. On this order confirmation are mentioned the articles, the price and eventual extra costs, for transport, for packaging, and also the place of delivery or pick-up. The delivery times or dates are indicative and are not causing any engagement (see also 1.3).
Crionovo does not accept annulation of articles, specially ordered for the client’s intention and which did not belong to the standard assortment. Despite this annulation we are obliged to invoice the entire amount. Crionovo does accept annulation of current articles, until 14 days after delivery, on condition that they were not used and still in the original packing. In this case 85% of the initial value is deducted from the invoice, respectively a credit note is edited. Other costs, like transport or packaging costs, are never credited. The articles must be returned to the Crionovo stock premises, the client is paying this costs. It’s the task of the client to deliver to Crionovo the copy of the purchase order, the order confirmation or the invoice. The acceptation of the goods is always on the Crionovo stock premises (Works Crionovo).
ART.3 SHIPMENT AND DELIVERY
3.1 Transport of goods
A picking-up of goods from the client, always takes place ex Works Crionovo, which means that the following transport is always on behalf of the client of Crionovo, he’s responsible for the costs and the risks. This is also the case if the goods net value, without VAT, rests under € 1200,-. All the entering goods, intended for Crionovo, are only accepted on the stock premises of Crionovo.
3.2 Delivery conditions
The goods with a value without VAT, higher than € 1200,-, excluding other costs, are delivered DDP (delivered duty paid) or DAP (delivered at place), formerly called « Franco », by Crionovo, and this in the continent of the Benelux and in the French departments 59 and 62 (Nord- Pas-de-Calais, the islands and oversee territories are never delivered DDP). This means Crionovo itself is organizing transport and a fitting packing.
The packing, exceeding a “euro” pallet of 120x80cm, ground surface, just like export packaging, are separately counted. All packing, smaller than a “euro” pallet, for goods with minimum net value of € 1200,- is free.
The packing, exceeding 240cm on 1 side, must be unloaded by forklift truck, laterally. This the responsability of the customer of Crionovo, after consultation this extra service can be offered as an optional price by Crionovo.
Smaller packings are unloaded over the tailboard of the truck.
If the client is proposing a transporter (by writing) to assure the le transport, this transport is entirely on behalf of this client, he will take the risk and this transaction will be considered as Ex-Works Crionovo premises. The delivery always takes place towards the direct client of Crionovo.
A delivery to thirds is possible, like e.g. the customer of the Crionovo client, but it is an exception and solely possible if all following 7 conditions are fulfilled. If one condition isn’t fulfilled and the driver must return without delivery, the costs, made for this transfer could be invoiced to the client, by Crionovo.
These 7 conditions are:
- The direct client of Crionovo (installer – dealer – contractor) is present for the correct reception of the goods.
- There is enough personal of this direct Crionovo client present to enter the goods in a proper way and to put them on place, satisfying the end user
- The delivery location is easily accessible, especially for trucks
- A delivery into building plants, like big enterprises, hospitals, airports, ports, commercial centers and streets, is only possible after a clear written agreement, précising the place, time, hour, presence and extra costs
- The delivery location is situated in territories, named hereafter: ‘continent of territories of the Benelux + Nord- Pas-de-Calais’
- There is always a fixed agreement, preferably written in an e-mail, between client and Crionovo, concerning the place and hour of delivery and concerning the presence of the very Crionovo client on the spot
- In case an extra service has been agreed, a convenient access is indispensable: access between truck and inside must be hardened and smooth, door transit sufficient high and wide
ART.4 PAYMENT AND PROPERTY RIGHT
4.1 Payment conditions
All our invoices must been paid (large) cash (refund) by delivery of the goods. This can be by credit card or by cash money (Crionovo will never accept a higher amount of money than legally authorized). Bank transfer is only possible after our written agreement. This agreement can be described as « cash » on the invoice, this means payment within 7 days (with or without financial discount, also to be agreed by writing); within 14 days or 30 days, invoice date, or 30 days end of the month are also options that could be agreed;
An invoice unpaid at the agreed date, and after a recommended letter, will result, without putting in default, in interests on the unpaid sum, this will amount to 1% on monthly base (12% on yearly base). Moreover the debt of this sum allows us to require the bank balance of the client. The non-payment of this sum, increased by the interests, within 14 days after a reminder by recommended letter, make this sum increase by 10%, and this with a fix minimum of € 100,-, as administration cost compensation. Eventual tribunal and convocation costs are always on charge of the Crionovo client.
4.2 Property right
The delivered goods remain property of Crionovo, as long as they are not entirely paid. This does not mean Crionovo is taking the responsibility or risk concerning those goods. An eventual cover or insurance is on charge of the client. If no payment at due date, Crionovo has the right to take back the goods, the client allows us implicitly, without juridical intervention and this irrevocable. Goods, put in consignation by Crionovo, remain property of Crionovo, they can be sold by Crionovo’s client after mutual agreement. They never can be hold as guarantee or gage.
ART.5 RECLAMATIONS CONCERNING DELIVERED GOODS
A reclamation concerning a non-conformity, like delivery of the wrong appliance, is only acceptable, if reported within 8 days after shipment date and after written agreement of Crionovo. Every return of goods has to been made by the client, on his cost and responsibility. Every return must happen in the original packaging and DDP (Franco) premises Crionovo. All other non-conformities concerning damages, see 5.2 or dysfunction, only acceptable within the warranty period, see article 6.
Damage is a specific form of non-conformity, where Crionovo demand a quicker announcement. All goods are visually inspected by Crionovo before shipment, nevertheless a (transport) damage never can be excluded. Crionovo asks his clients to inspect directly the goods after reception, as well the packaging as the very appliance and to write down eventual remarks on the transport voucher. The client must send at the same time a copy of this transport voucher, together with digital photos, by e-mail at the address firstname.lastname@example.org or by fax at 057/38.80.01. The client must also take contact with Crionovo at telephone number 057/38.80.00 in order to explain the problem.
The warranty, granted by Crionovo has only application on goods, directly sold by her and as a consequence not transferrable, the warranty is only for the direct client, on which the invoice is addressed and thus not automatically 1 on 1 transferrable on the customers of Crionovo’s clients, neither on colleagues of those 2 (Crionovo’s clients and end users). The warranty only applies on new appliances. Showroom, demonstration, renting or repared appliances do not have warranty. Spare parts, not from the sold appliance, as well as labour cost, reparation, inspection and traveling cost, are never part of this warranty.
Crionovo grants 1 year of warranty on new appliances, these are plug-in appliances or ready for use after connection of a split condensing unit, and this beginning from the invoice date. For the delivery of non-stock appliances, this period begins at the date, mentioned on the order confirmation.
Extension of this period is only possible after mutual written agreement.
6.3 Attribution and refuse
Until the end of the 1 year period, the original spare parts, except door gaskets, lighting lamps, contactors and heaters, are in warranty. Every changed spare part has its own warranty as well, this till the end of the warranty period of the appliance whereto it belongs. In order to get warranty the appliance must been installed, conform to the prescriptions and for the application the appliance have been developed. A regular maintenance is needed, in a lot of cases a legal regulation does exist, following the CO2 equivalent. The end user has to treat the appliance ‘as a prudent man’. He is responsible for eventual maintenances and for other legal prescriptions. A non-respect for the application range and for all forms of maintenance make the warranty fall away. Separately purchased spare parts, apart from warranty use, have a warranty of 6 months, on condition of a positive judgment from the manufacturer of those parts. Every spare part, delivered in warranty, will be invoiced. A credit note will be edited if all of the following 7 conditions are fulfilled:
- A copy of the invoice of the appliance, the serial number, as well as the address of the user are sent, by preference by e-mail
- The client of Crionovo must return spontaneously the broken spare part to Crionovo, and this DDP (Franco). Crionovo cannot be taken responsible for organizing this shipment or for a picking-up of the parts.
- The broken spare part must be returned on the initiative of the installer within the month following the announcement of the anomaly.
- The inspection of the broken spare part by Crionovo and/or by the manufacturer does not indicate a wrong manipulation, wrong installation but an abnormal and premature breakdown.
- There was no external cause, like too high tension during a thunder weather or after a wrong cabling.
- Appliance installation and also of the new spare part, following the prescriptions, mentioned in the manual of the appliance, in the data sheets and in all the technical communication between Crionovo and its client.
- Appliance installation and also of the new spare part, by a certified company
Crionovo cannot give any guarantee concerning temperature or humidity ranges, like mentioned in documentation. This range is only indicative, it’s not part of the normal guarantee, except when agreed in another way. Those parameters are strongly linked to ambient parameters, such like temperature, air speed and direction, air pressure and humidity in the room. Working temperature for shop appliances, following climate classes, give an indication of the worst and the best temperature spots in the appliance.
Crionovo cannot be forced to be responsible to pay an indemnity or compensation, following to direct or indirect damage, such like reparation, travelling costs, discomfort of non-use or only partial use, renting, and temporary replacing of the appliance, ice purchase, deterioration or degradation of products, commercial loss or all kind of indirect damage. No other extra guarantee, above the here before mentioned, will be agreed. A preventive maintenance is strongly recommended by Crionovo and is, in certain cases, obligatory, following the refrigerant regulations.
ART.7 VALIDITY ET LITIGATIONS
The here before mentioned conditions are valuable for all transactions and are excluding by consequence the eventual conditions of the client, if no other written explicit agreement has been taken place, between the buyer-client and Crionovo. All litigations are exclusively the competence of the Court of the Arrondissement of Ypres; our right to introduce the litigation for another jurisdiction remains however.