General Terms and Conditions
Effective: 1st of May 2017
all calculations, tenders and transactions shall only be based on the following conditions of delivery. They shall be deemed acknowledged by the buyer with the award of the order in full, even if his conditions to purchase read differently and these are not contradicted by us. Any deviations from these conditions shall require our written confirmation.
Our tenders are without obligation. They shall only become binding upon your written confirmation of the order. The stipulated prices are current prices. Should a change in the cost occur between the time of sending off our confirmation of order and the time of delivering the goods, we shall be entiteled to make a price surcharge to the amount the actual costs incurred.
The estimated delivery times may vary and are communicated with our order confirmation. Partial shipments should be allowed. The communicated shipment dates are the dates when the goods are ready for shipment, not the delivery dates.
The payment or the invoice sum must be made without deduction within the agreed payment terms. The costs of exchange shall in any event be borne by the drawer. We shall accept no guarantee for punctual presentation or protest. With delayed payment, interest on arrears to the amount of 2% above the current bank discount shall be payable. The day of payment shall be the day on which the sum is available to us. Means of payment other than cash and bank transfer shall only be accepted with reservations. The risk of conveying the invoiced sum to us shall be borne by the buyer. Our staff are only authorized for collection upon submission of an invoice receipted by us on the day the receipt was made out. Should there be a known deterioration in the financial circumstances of the buyer or should he fall into arrears. he shall undertake at our request to effect immediate payment of all debts and bills of exchange, even those not yet due, or to furnish appropriate security. Included in the debts are also the raw materials and the finished and semi-finished products of still outstanding deliveries. Before all due invoice sums including interest on arrears are paid, we shall not be obliged to make any further delivery from any current contract. The setting-off of litigious counter-claims against invoiced sums due, as well as deductions of any kind, shall be prohibited. In particular, the buyer shall not be entitled, in the event of notice of defect in the goods, to retain payment of invoiced sums due until the matter has been clarified or to reduce the invoice sums independently.
Except as otherwise set forth on the front of a Seller invoice or acknowledgment, terms of payment are net 30 days from invoice date; prices are EXW Seller’s facility (INCOTERMS 2010); and prices do not include any taxes, freight, handling, duty or other similar charges, payment of which will be solely responsibility of the buyer.
Reservation of title
All our deliveries occur exclusively with reservation of ownership. The goods shall remain our property until they are honored. Only then will ownership devolve to the buyer, when he has discharged his entire liabilities towards us. for whatever legal reason, in particular balance on current account. This shall also apply if the purchase price is paid on certain deliveries of goods. Should we take back the goods on tile basis of reserved title, this shall not be deemed as a rule rescission of the contract
Transfer of risk
Each risk shall devolve to the buyer once the goods leave our works or are made available to him.
All DIVUS devices are built in order to permit continuous long term operation in industrial environments or in households. The main goal is to deliver a system that does not change its functionality during time using industrial components and embedded long-term support software. Hence it is important not to allow automatic updates, but to supervise them in case of necessity. The devices are intended to be operated within a secure, protected network. Enduring, stable operation is not possible with uncontrolled automatic updates; therefore, the security of the devices needs to be granted on network side.
Despites of our continuous effort to deliver our high quality goods in perfect condition, material-specific attributes as well as limits in production processes and in quality specifications of our supplier may lead to small imperfections to the eye of the customer.
Some of the imperfections are part of our design and deliberately introduced like the brushing of the aluminum front covers. The brushes are intended to be irregular in order to meet the desired optical aspect. Others are limitations of the industrial touch lamination process and the display production by itself. These limits are granted to not exceed the Incoming Inspection Standards of DIVUS, called IIS.
Terms of warranty
Warranty period fixed at order starting from the time of delivery ex works Eppan/Italy we guarantee that our products are free of any defects due to bad material or bad craftsmanship. Within that period customer may send us the device for repair to DIVUS GmbH, Pillhof 51, I-39057 Eppan. Repair or replacement of parts will not extend the warranty period for the product. Defective parts or components will either be replaced or repaired at our discretion.
Moreover, we reserve the right to decide whether to replace the whole product within the period of 6 months from the time of delivery ex works Eppan/Italy. Retailers do only have the right to require the replacement of defective parts as the labour costs have already been covered by the retailers’ discount they were granted at the time of purchase. We will cover occurring cost for shipping from DIVUS to customer and handling of the replacements within the European Union.
The warranty is only valid if you respect the following notes to warranty, security and interference protection.
The use and application of the product must be follow the regulation and specification as described in the technical manual which is part of the delivery. If this is not available you can ask for it or order it anytime. If the product will be used without knowing the specifications the warranty and guarantee of all occurring damages is not valid. Especially the operation within the specified temperature range has to be fulfilled. Additional compensation (heating, cooling) must be done if there is an over- or under temperature to secure all integrated components. If the product will be integrated in an enclosure or cabinet, make sure that there is enough convection. The supply power which is noted on the product label has to be guaranteed from the user. Caution! Open the product only if this is switched off! Service- or maintenance is only allowed of educated personal. For all components and additional intergraded boards the manufacturer of this product is not liable. Damages and malfunctions caused through integrated components the manufacturer of this product is not liable and is not included in the warranty. We are not liable of any damages caused through the use of the product out of its specification. This includes as well damages of persons. The respect of the security and warrant notes are base of the guarantee. Warranty is valid only for the first customer. The distributor is responsible of further selling and warranty.
The technical manual contains those safety instructions that are required to safely operate the machine. All persons working with the product must heed the present operating instructions, especially the safety instructions. In addition, all local stipulations governing the prevention of accidents must be heeded. Only trained and authorized personnel may install and operate the product. Proper application: The machine has been designed for application in an industrial environment. The machine has been built using state-of-the-art technology and all applicable safety regulations. However, damage or negative effects to the machine or other material cannot be excluded if the machine is operated. The machine meets the requirements of the EMC guidelines and of the harmonized European standards. Modifications to the machine hardware may affect the system’s EMC compatibility. Without special protection measures, the machine must not be used in EX areas and in plants that require special monitoring. If the product will be used, you should ask in any case the manufacturer or distributor for further questions to protect the product and the environment from any damages. The operating voltage of the machine must be within the specified range! The type label provides the required information.
The following notes should help you already at the beginning using the product and should protect you of interruption and are important for a safely operation. The product is designed as a built-in product. All necessary interference regulations have been respected therefore. Supply- and data cables have to be wired up in a separate cable rail. Connect the unit and the switch cabinet with a central grounding point using the shortest possible distance. Make sure that the connection between the unit and the switch cabinet has the lowest possible impedance. All data cables connected to the unit must be shielded. The shields must be grounded at both ends. A low-impedance connection must be established between the linked units. High compensation currents over the cable shields caused by potential differences must be excluded. Use a green-yellow cable with a minimum cross section of 2.5 mm² for ground connection. In high magnetically fields we recommend separation metals. Inductive dements used in the same cabinet have to use freewheeling diodes or RC-components.
Spare parts warranty
For a period of 12 months from the time of delivery ex works Eppan/Italy we guarantee that our spare parts are free of any defects due to bad material or bad craftsmanship. Within that period, we will replace defective spare parts.
We will cover occurring cost for shipping from DIVUS to customer and handling of the replacements within the European Union. As long as the defective parts are being returned within 15 working days, within 60 calendar days from foreign countries, free of charge to us and as long as we consider the defect being caused by bad material or bad craftsmanship they will not be charged.
Parts not being covered by our warranty: Following parts are not covered by this warranty: All wear parts such as: Fans, Filters, Lamps and Backlight
All amendments to these terms of warranty have to be made in writing.
Place of jurisdiction: For all legal actions that result from or in accordance with these terms of warranty Eppan/Italy- shall be the place of jurisdiction and Italian law shall apply.