Sales Conditions

NECESSARY REQUIREMENTS

• The shaft and the basement have been designed and built in accordance with the project documents supplied by the Seller. The building is adequate to bear loads deriving from the installation and operation of the platform and its metal structure (if any).
• The shaft is clean and dry, void of any protrusion or holes unnecessary for the installation, and the shaft accesses are protected in accordance with the current safety rules and regulations.
• The power supply network is adequate for the platform operation as well as the use of the tools necessary for the installation works.
• The power supply line is adequately grounded in accordance with the current rules and regulations.

ITEMS NOT INCLUDED

• The check procedure aimed to ascertain that the building is adequate to bear loads deriving from the installation and operation of the platform and its metal structure (if present).
• Different administration documents to be sent to authorized bodies, concerning the platform installation, any structural modification or compliance with (any) new regulations.
• Wiring between contactors and auxiliary control board.
• Grounding in compliance with current rules and regulations.
• Land line and/or SIM for GSM connection.
• Building works of any type, including the cutting of railings and the demolition of wall sections for the purpose of installing landing doors including subsequent finishes to offset any spaces around the doors.
• Scaffolding.
• Warehouse expenses.
• Security service and material handling on site.
• Packaging and waste treatment in accordance with current regulations.

Any element not described in the offer is not included in the scope of supply.

DELIVERY AND PENALTY
The Seller will not be responsible for any delay due to the following:

• should the Customer require changes during the order execution;
• should the Customer not supply the materials or works pertaning thereto, in due time;
• should any accidental circumstances occur, including any delay caused by subcontractors;
• should the delay derive from Force Majeure causes, strikes,extraordinary natural events etc.

The Customer will not have the right to exact a penalty (unless differently specified) if:

• any possible damage caused to the Customer in relation to the delay is not documented and proven;
• the Customer is not ready to receive the Goods;
• the works pertaining to the Customer have not been carried out in due time.

RIGHT OF WITHDRAWAL
In case of withdrawal of the contract or refusal of the supply by the Purchaser, beyond the normal terms governed by current regulations, he is required to pay a non-reducible penalty equal to 30% of the value of the canceled order.
In case of cancellation of the contract or non-collection, even partial, of the materials by the Purchaser, he is required to pay a non-reducible penalty equal to 50% of the order value over the down payment already paid, except for the right of the Seller to the greatest damage.

LEGAL WARRANTY AND ITS FREE EXTENSION UP TO 60 MONTHS
The period of legal warranty of the product is 12 months from the date of the ‘Goods Ready’ notice.
The warranty does not cover:

• ordinary maintenance and adjustment activities;
• normal wear and tear of items such as, but not limited to: shoe seals (arch, doors), hydraulic cylinder and valve unit seals, transmission belts, brakes, batteries, lamps, LED strips, rolling bearings, electric motors subject to belt pull, idler pulleys, push buttons (after 12 months from commissioning), oils and lubricants, dulling of paintwork, glass and mirrors arrived on site in undamaged packaging.

The warranty does not cover damage caused by:

• abnormal use, incorrect operation, improper service, alteration or removal of parts, use of the lift not in line with the recommended operation and work cycle, incorrect installation i.e. not in accordance with the installation manual; use of parts or accessories that are not original or authorised by AreaLifting; use of oils or lubricants other than those indicated by the manufacturer, installation in an environment or application not in line with the manufacturer’s recommendations, incorrect maintenance or repair, failures due to insufficient power supply, fortuitous events or force majeure.

The Warranty shall be effective if the defects are reported within 2 weeks of their actual discovery. The Seller reserves the right to repair or replace the defective part at their sole discretion. The Seller shall bear the transport costs of the defective part but reserves the right to charge for the same if it is found not to be defective or not subject to warranty. Excluded from Warranty and/or reimbursement are customs duties and any additional charges resulting from the uninstallation and subsequent restoration of the defective part on the lift.

The Warranty on the machine will be extended free of charge, for a period of a further 48 months beyond the legal warranty period, when:

• the product is installed by a customer who is registered on the Seller’s ‘Warranty’ portal;
• the purchaser has carried out training provided by the Seller, or undertakes to do so within a period of 12 months from the purchase order;
• the Sentinel module is continuously connected – wireless or GSM – once the lift has been put into service, if it is equipped as standard. If, on the other hand, it is not equipped, the Buyer must manually register it on the Warranty Portal. Should the Seller be requested to activate the GSM SIM card, the Seller shall only activate it upon payment of the relevant five-year fee.
• the lift is regularly maintained according to the instructions in the Maintenance Manual.

FORCED WITHDRAWAL CLAUSE | MATERIAL WITHDRAWAL TERMS
The Customer undertakes to collect the material within 3 months from the date of the ‘Goods Ready’ notice, after which the Seller has the right to proceed as follows:

• to store the packages in open-air yards, withholding all liability for any damage that may occur to the materials themselves, such as rust, oxidation of electrical components, inability to remove protective films in full;
• to charge the Buyer a monthly fee for the storage of materials beyond the above-mentioned terms.

COMMISSIONING AND EU DECLARATION
The EU declaration of conformity (where applicable) will be released only at the followig conditions:

• Upon receipt of the final checks sheet, duly completed in all its parts and countersigned by the installer
• After the complete balance of the supply.

ELECTION OF DOMICILE AND PLACE OF JURISDICTION
The Buyer declares that its registered office address is the one indicated on this order form, in which it elects domicile for all communications pertaining to this contract. The Seller Company is exempt from any responsibility in the event of failure to receive communications at the aforementioned address. The Buyer is obliged to notify the Seller Company of any change of residence or registered office, under penalty of compensation for damages for failure to take action against him. The Seller Company’s elected domicile is identified in this supply contract. The exclusive jurisdiction for any dispute concerning the interpretation and execution of this contract is that of Parma.