Carelli Design
Terms and Conditions for EuroSystem Products and Services
 

Carelli International Corporation

IMPORTANT: EUROSYSTEM TERMS AND CONDITIONS APPLY EXCLUSIVELY TO PRODUCTS AND SERVICES PROVIDED BY EUROSYSTEM SYSTEMS AND TECHNOLOGY. THEY ARE NOT APPLICABLE TO PRODUCTS, OR DESIGN AND DEVELOPMENT SERVICES PROVIDED BY CARELLI DESIGN OR CARELLI INTERNATIONAL, OR ITS SUBSIDIARIES.

General information

The purchase or license of Products and Service will constitute acceptance of the CI Terms and Conditions (“Terms and Conditions”) set forth below. Some products may be shipped with specific warranties and/or Terms and Conditions, and therefore take precedence over the Terms and Conditions set forth herein. Refer to the specific warranties and/or Terms and Conditions enclosed with the product(s). For information concerning a specific product warranty and/or Terms and Conditions in effect for a particular product(s), contact our Customer Service Department by writing directly to: Customer Relations, Carelli International Corporation, One Park Plaza Ste 600 Irvine California 92614-5987.

EUROSYSTEM TERMS AND CONDITIONS

Acceptance

Unless otherwise specified in writing and signed by a Carelli International Corporation (“CI”) duly authorized representative or agent, all contracts, orders, shipments or services performed by CI are made under the Terms and Conditions (“Terms and Conditions”) set forth herein, and shall be applicable whether or not they are attached to or enclosed with the products or services to be sold. Any order governed by a supplemental contract must be approved and accepted by a duly authorized representative of CI. Purchaser (“Customer”) assumes full responsibility for any agent, person or broker acting on the behalf of Customer.

Cancellation

For a purchase or a special order, an order once placed with and accepted by CI can only be cancelled with CI's consent, and upon payment to CI of reasonable cancellation charges which shall take into account expenses already incurred. In the event of an order cancellation, at CI's option, all or part of the deposits received by CI shall be nonrefundable. For residential Customers (prior to equipment installation): "A residential Customer of equipment for Non-Commercial Use" may cancel the transaction at any time prior to midnight of the third business day after the date of this order transaction. For "Easy Purchase, Lease or Rental Programs," a basic cancellation fee of $450.00 will be charged for any early cancellation by Customer unless indicated otherwise in writing.

Delivery

CI shall make all possible efforts in respect to scheduled delivery or installation dates. In no event will CI be liable for damages of any kind arising out of delay, or non-delivery, due to cause beyond CI's reasonable control including, but not limited to, acts of god, acts of civil or military authority, war, riots, fire, explosion, flood, strike, injunction, accident, breakage of machinery or apparatus, or inability to obtain fuel, power, or transportation facilities. In the event of any such delay, the date of delivery shall be deferred for a period equal to the actual time lost by the delay.

Payment

Unless otherwise specified as a Lease, Rental or Easy Purchase contract defined under "42A Type of Program" and or "48A Terms" provided on the form C221, all amounts are due and payable COD upon delivery. For Lease, Rental or Easy Purchase programs, payments are charged automatically to Customer's credit card in advance unless otherwise specified. Monthly payments of $100.00 or less will be billed on a quarterly basis. Accounts extending beyond the term will be subject to a Service Charge of the maximum legal rate allowable. A shipment, delivery or installation shall at all times be subject to the approval of CI or CI's agent, and CI may at any time decline to make any shipment, delivery, installation or perform any service. The equipment or products will remain the property of CI until all payment amounts have been received in full. In case of loss, theft or destruction of CI's equipment, Customer will be charged the full unpaid balance remaining under the contract. In the event any proceeding is brought by or against Customer under the bankruptcy or insolvency laws, CI shall be entitled to cancel any order then outstanding and shall receive reimbursement for its cancellation charges. Should CI or CI's agent initiate any action or proceeding to collect on any unpaid amount or to enforce any of the terms hereof, CI shall be entitled to recover from Customer all costs and expenses incurred in connection therewith, including court costs and reasonable attorney's fee.

Lease and rental contracts

Upon delivery of equipment, Customer (or Lessee) agrees to deliver to CI (or Lessor) a "Certificate of Acceptance" signed by Lessee accepting the equipment as satisfactory for the Lease or Rental contract. Unless indicated otherwise in writing, or specified under a supplemental Lease or Rental contract provided by CI or CI's agent, the following Terms and Conditions set forth herein shall be applicable: Equipment may not be removed from the premises defined under "Location of Equipment" as specified on the form C221 without the advance written consent of Lessor. Lessee agrees to keep the equipment in good working order and clear of all liens or claims. Lessee may not sell, transfer, assign or sublease the equipment or contract, without the advance written consent of Lessor. Lessee may not allow the equipment to be fixed to the premises in such way as to become any fixture. Lessee shall keep the equipment fully insured against loss, theft or destruction until the Lease or Rental contract is terminated and all amounts due are received in full. At the end of a Lease or Rental term (or any renewal term), Lessee agrees to return equipment to Lessor in same condition as delivered except for ordinary wear and tear. The Lease or Rental contract will be automatically renewed on a month-to-month basis at the end of the original term. Lessee may terminate this automatic renewal by written notice to Lessor at least fifteen (15) days prior to any renewal term. If Lessee has been given a Purchase Option, Lessee may purchase the equipment at the end of the contract for the amount defined under "42B Option" as specified on the form C221. Unless indicated otherwise in writing, or specified under a supplemental Lease or Rental contract, payments are due on the first day of each month and payments more than five (5) days late will be charged an additional 5% Late Charge. This contract may not be cancelled and Lessee agrees that all payment obligations are unconditional. If a supplemental Lease or Rental contract was provided by CI, the Terms and Conditions under the supplemental contract will be the overriding Terms and Conditions in effect.

Equipment service contracts

For Terms and Conditions regarding EuroSystem Direct Service contracts, refer to the specific supplemental Service Agreement Terms and Conditions in effect.

Patents

Products are U.S. patent pending. The sale of any product(s) by CI does not convey any license, by implication or otherwise, under patent, trademark, or copyright claims covering said products or combination of said products with other devices or elements.

Warranty

Limited Warranty on products manufactured by CI. Unless otherwise indicated in writing, or otherwise specified in an amendment by CI, products are warranted to the original Customer against defects in materials and workmanship for a period of one (1) year from date of delivery, or the date of the actual equipment installation by an authorized service technician ordered or provided by CI. RO Membrane cartridges are covered for manufacturing defects for a period of one year (1) on a prorated basis. The warranty does not apply to disposable service filter cartridges where efficiency will diminish through normal operation. CI's obligations under the warranty are limited to repairing, replacing, or giving credit of, at its option and at any of its Authorized Service Centers, providing that the product failure or damage was not a result from any of the following conditions: (1) damage caused by accident, unreasonable use or neglect; (2) damage occurring during shipment (claims must be presented to the shipper); (3) Customer's attempt to use any product beyond its capacity defined under manufacturer's specification guidelines or parameters; (4) damage resulting from improper installation, or repair by someone other than authorized service personnel; (5) use of any parts other than original manufacturer's replacement parts; (6) damage resulting from ordinary wear and tear and; (7) where a serial number has been effaced, modified, or removed. All transportation costs incurred in shipping products to or from CI's Authorized Service Centers shall be at the Customer's expense. If the necessary repairs are not covered under warranty, all applicable charges for repairs and examination will be charged to Customer. The aforementioned provisions do not extend the original warranty period of the product repaired or replaced by CI. In some cases, provisions of the warranty apply only when the product warranty Registration Card is returned as required by the Manufacturer(s).

THE LIMITED WARRANTY OF CI IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND OF ALL OTHER LIABILITIES OR OBLIGATIONS ON CI'S PART, INCLUDING LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES ON THE PART OF CI WITH RESPECT TO THE SALE OR USE OF THE PRODUCTS WARRANTED, AND CI NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON, REPRESENTATIVE OR AGENT TO ASSUME FOR IT ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF ANY PRODUCTS. THE LIMITED WARRANTY MAY NOT BE VERBALLY CHANGED OR MODIFIED BY ANY REPRESENTATIVE OR AGENT OF CI.

Disclaimer

Disclaimer of CI's warranty or products manufactured by other manufacturers. Products not manufactured by CI are covered, if at all, by the original manufacturer's warranty, copies of which are available at Customer's request. CI makes no warranty or representation whatsoever, expressed or implied, with respect to products not manufactured by CI.

Applicable law

The validity, performance and construction of these terms and all sales hereunder shall be governed by the laws of the state of California.

Trademarks

CI does not grant any express right to Customer, by implication, or otherwise, any permission, license or right to use any trademark, service mark or trade name of CI. The use of any CI logo or mark is strictly prohibited unless consented to in writing by CI. Customer will not register or maintain any internet domain name which contains CI’s trademarks in whole or in part, or any other name which is confusingly similar thereto.

ANY UNAUTHORIZED USE OF THESE MATERIALS MAY VIOLATE COPYRIGHT, TRADEMARK AND PRIVACY LAWS, AND OTHER APPLICABLE STATUTES.

Service marks

EuroSystem Direct Source, Super-Value Plan, and Warranty-Plus are service marks of Carelli International Corporation or its subsidiaries in the U.S. and other countries.

Revised January 2012

Publication Ref. 9591.9381 EN form ETAC 9381.1/V901

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