I. Scope of application
Orders placed are completed and executed according to our terms and conditions specified below. By placing an order the customer acknowledges these conditions as obligatory. Deviations from these conditions – also other terms accepted by customers – including changes and additions to the delivery shall only be valid with written confirmation. Should any of these terms be considered invalid, it does not affect the validity of remaining terms.
II. Completion and Delivery
- Orders shall be followed by our written confirmation of the order, which is decisive for the scope of our delivery commitment. This also applies if the contract is concluded on the basis of our offer.
- All photos, drawings, weights and dimensions, unless they are declared as binding, should be considered as approximations only. Cost estimates, models, patterns, plans, pictures, drawings and other documents are covered by our property rights and protected by copyright. They may not be reproduced without our consent written and in particular, they may not be disclosed to third parties competing with us directly or indirectly. If a contract is not concluded, we reserve the right to recover provided documentation by all means.
- Possible printing, writing and arithmetic errors and similar can not be considered as basis for customer claims if the error is obvious and delivery based on the corrected data for him is justified taking our interests into account.
- If after the conclusion of the contract continuous development of our products will result in a change to the subject of the contract, we must deliver the updated products. We claim the right to the possibility of deviations occurring in models, patterns, plans, pictures, drawings, descriptions, colors, weights, dimensions, quality and other parameters, provided that they are justified in light of both our interests and the customer.
III. Prices and Warranty
- Our prices cover only products and do not include the cost of packing, insurance and others costs.
- The package is valued at its cost, we do not take it back. We do not offer compensation for the return of packaging.
- Unless agreed otherwise our deliveries use Incoterms 2010.
- The risks associated with the product delivery passes to the customer when products leave the factory or warehouse. We are not responsible for delivery insurance, the responsibility remains with the customer. Costs of damaged or lost in transit goods shall be borne by the customer and are no basis to demand to cancel the payment for the purchase. Proof of delivery will be provided by us. Any special customer’s requests concerning transport and insurance must be sent to us before shipping.
- If the base price changes, we reserve the right to adjust final prices on the day of delivery.
- Prices of the domestic delivery do not include tax in the statutory rate.
IV. Payment Terms
- Invoices issued by us –for partial deliveries too - can be paid through our website. Payments for the installation and repair services must be paid immediately. Our website allows you to make payments by credit card or via PayPal, even for customers without a PayPal account. We also accept payments by cash / bank transfer. Once the payment has been made, delivery will be prepared within 24 hours.
- For delivery contracts exceeding $25,000 we expect an advance payment of 1/3 of the total amount after receiving order confirmation or readiness to delivery.
- Bills or checks are always carried out at the time of receipt, subject to previously agreed purchase price in the event of failure to fulfil the agreement by the customer. They are carried at the exchange rate corresponding to the date on which we can dispose of the check value. Costs of discounts, fees and any foreign exchange operations shall be borne by the customer. We are not responsible for any charges incurred in the transaction.
- If payment is not made within 14 days after the date specified in pt. 1 or by deadline specified in pt. 2, the customer should strive to complete payment despite exceeding above deadlines without further urging. In case of further delay we will accrue statutory interest of 4%. We reserve the right for the assertion of further loss caused by delay in payment.
- Failure to comply with the payment terms or occurence of circumstances that may reduce the creditworthiness of the customer triggers the immediate maturity of all our claims. This entitles us to secure pre-payment in advance of the fulfillment of unperformed contracts and withdrawal of, or to demand for compensation for failure to comply with the terms of the agreement, as well as prohibit the customer from reselling purchased products and take them into our possession.
- The withholding of payments due to claims of the Buyer, as well as off such claims are excluded, unless they are disputed by us and not legally established.
V. Delivery time
- Delivery date is defined as the best possible to be met during normal production procedure. It begins at the date of order confirmation by us, but not before complete clarification of all contract details and all other conditions are met by the customer, including the adherence of previously agreed payment.
- As delivery time is considered the period from the notification of the package dispatch, even if it was delayed due to reasons we are not responsible for.
- We reserve the right to carry out partial deliveries and deliveries before the deadline for delivery.
- The agreed delivery period shall be extended, without prejudice to our rights arising from failure to comply with the agreement terms by the customer to the period until the customer will fulfill all their obligations to us.
- The delivery time - also at our suppliers - could be extended in the event of labor disputes, especially strikes and blockades, as well as the occurrence of unforeseen obstacles which are beyond our control, if such obstacles will have a clear impact on the completion or delivery of product. We do not accept any responsibility for the occurrence of the aforementioned circumstances during the already existing delay.
- Claims arising from failure to meet deadlines, in particular claims for compensation are excluded, even after the expiry of the grace period.
- This does not apply in cases of intent or willful negligence. The customer’s right to terminate the contract after an unsuccessful awaiting remains intact.
- In case of shipment or acceptance of the delivery item delay for reasons customer is responsible for, the costs incurred by the delay will be charged after one month of the notification about readiness to dispatch the ordered product
VI. Transfer of Risk During Shipment
The risk - even in the case of partial delivery - is transferred to the customer from the moment of beginning the delivery - even when using our means of transportation or free delivery options – after completion of the product preparation to be sent in a factory or in stores. Risk - even for partial deliveries - is transferred to the customer upon notification of readiness for shipment, even if delivery is delayed or impossible due to reasons we are not responsible for.
Shipping route and method of transportation are left to our discretion, unless the contract with the customer states otherwise.
VII. Retention of Title
- All of our deliveries are subject to the right of ownership. The delivered goods remain our property until the customer settles all claims.
- Modification and processing of products ordered by the customer is carried out on our behalf. The customer does not acquire ownership rights. Modification and processing of the product cancels our responsibility.
- The conditional commodity is kept separate from other goods and stores. The purchaser is entitled to dispose of the reserved goods only within the framework of normal business operations, but not to pledge or transfer of ownership. From imminent and the full course of a seizure or any other impairment of our rights by third parties, he has to inform us immediately.
- The customer hereby transfers all funds related to the resale of the product to us, including ancillary rights as a form of insurance. At our request the customer must notify his/her customers of such assignment and provide us documents required to assert our rights. As long as the buyer will follow his/her payment obligations to us, we will not use our rights to collect debts we are entitled to.
- If the value of insurance granted to us exceeds our claims by more than 25%, then at the request of the customer we are obliged to release securities at our discretion.
- The retention of title and the seizure of the product delivered does not constitute circumstances allowing termination of the contract, unless the installment law has been applied.
VIII. Right of Redemption
In case of malfunction the device will be taken back and refunded within 6 weeks, if returned in its original packaging with no missing parts. In case of missing parts or damage to the device, the impairment will be calculated (min. 15%). The cost of return shall be borne by the customer.
EcoMeter (S) exchange with EcoMeter (S) PLUS. An exchange with the PLUS version (with antenna extension) is possible at a flat price of US$ 50. Please send us back a complete, non-defective product (with documentation and accessories), if possible in its original packaging. Please also attach a written explanation of return (exchange) reason, the order number and a return address.
- In the event of defects in our products or services, as well as the absence of their guaranteed properties apart from ignoring this fact by the customer, we provide warranty services if the defect occurred within six months from the date of launch of the product, but no later than within twelve months after purchase date and, the customer has informed us immediately in form of writing about the issue.
- Choice of method to rectify the fault belongs to us, we can repair the defective items or replace them. Replaced parts become our property.
- The scope of the warranty for the products supplied outside the territory of the United States, Canada, or Mexico is limited to issues occurred before crossing the border of the respective countries.
- In the case of product of external origin, our liability is limited to the assignment of liability claims to which we are entitled against the supplier of these products.
- The guarantee is canceled if the customer performs repair or modification of the product without our prior consent and without giving us time and opportunity to carry out the required repair procedures. Only in cases of emergency, such as a safety risk and to avoid disproportionately large damage, for which we must be informed immediately, or if rectification is time consuming, the customer has the right to take care of the issue him/herself or with the help of a third party and to demand reimbursement. The warranty is also canceled if the customer fails to comply with his/her obligations under the contract, in particular, concerning the payment of all or partial amount due.
- The warranty on replacement parts and repairs is three months. It is valid until the expiry of the original warranty period for the delivered product.
- If repair or replacement done by us will not result in removal of defects or the product is still not free from defects after the reasonable grace period, the customer may initially make the demand of partial compensation. If the value of compensation was not included in the contract, the customer may declare the termination of the agreement.
- The warranty does not cover damage resulting from misuse or inappropriate use of the product, incorrect installation or startup, natural wear and tear, damage, negligent or improper treatment, use of unsuitable equipment, as well as damage of chemical, electrochemical or electrical nature etc. unless they are caused by our fault, and disclaimer is prohibited by law.
- Customer’s claims of any kind described in points 1-9, in particular claims for damages, even if they do not qualify for warranty claims will be rejected if permitted by law.
X. Place of Performance, Jurisdiction, Applicable Law
The place of delivery is the United States of America operated by Distribution Direct, LLC, 500 Linkwood Road, Rock Hill, SC 29730.
The place of payment as well as the competent jurisdiction for all disputes arising from the contractual relationship is the Principality of Monaco. This legal relationship with the customer is subject exclusively to the laws of the Principality of Monaco.
No clause of terms defined above shall affect the validity of the other. If the clause is or becomes invalid, the contracting parties shall replace the ineffective provision with valid version that reflects economic and legal purpose of the invalid provision as close as possible.