1. Scope of application
These general terms and conditions of ewo GmbH, Etschweg 15, 39040 Kurtatsch (BZ) Italy, govern all master contracts to supply and/or individual contracts to purchase with the customer within Italy and abroad unless otherwise agreed in a particular case in express and written form.
2. Conclusion of a contract
A legally effective contract is concluded only if and when ewo GmbH has expressly accepted it in writing, being for this purpose sufficient a simple e-mail, or if and when ewo GmbH start with the execution of an order. Other tacit conclusion of a contract is excluded, as well as conclusion of contracts by appointed dealers without appropriate written power of attorney. Drawings and other documents handed out to the customer in the course of contract negotiations, are copyright protected in favour of ewo, remain ewo’s property and can be handed out to third parties only upon previous express and written consent by ewo. If no contract is concluded all documents have to be immediately returned upon ewo’s request.
Unless otherwise specified in writing, delivery is carried out FCA Cortaccia (Incoterms 2010). In any case delivery takes place at risk of the purchaser, even if paid or organized by ewo. Any claim towards the carrier is ceded to the purchaser. Place of performance of the delivery is Cortaccia. Dates of delivery are indicative: delays by ewo do not legitimate a termination of the contract, nor do they constitute grounds for claims of damages or other claims by the purchaser. In case of delay over 60 days the purchaser may only withdraw from the contract, excluded any compensation for damages or other claims of any type. The purchaser shall accept the product at the date communicated by ewo. If the product is not accepted, after a period of eight days ewo is entitled to claim the payment of the agreed price and to charge the purchaser with any costs for the storage of the product (€ 35,00 per day and palette).
4. Price and payments. Retention of ownership
Prices detailed are FCA Kurtatsch (Incoterms 2010) unless otherwise agreed, net of VAT and net of other taxes and charges and taxes. Payment is to be made within 30 days date of invoice, unless otherwise agreed. In the case of delayed payment interest on arrears is charged in accordance with Article 5 of legislative decree 231/2002. Withholding payment or setting it off for any reason whatsoever is not allowed (solve et repete). The goods remain the property of ewo GmbH until they have been paid for in full.
5. Complaints and Warranty
5.1. Warranty period
ewo warrants that ewo products with a maximum average operation of 4,200 hours per annum will not reveal any significant faults in their materials, construction and fabrication within a period of two years from their invoice date. The warranty issued is valid only on condition that the products are used in accordance with the prescribed product and use specifications (datasheet), and that they were installed and put into operation professionally, according to the provisions outlined in the manual for overvoltage protection of LED fixtures (ewo 10 February 2017). Ratings for temperatures, voltages, and currents must not be exceeded. The product must not be subjected to any mechanical loads not in line with its destination. The warranty encompasses only product failures caused by provable defects in materials, construction, or fabrication and failure rates that exceed the nominal failure rate. The failure of individual or several LEDs in LED modules does not come under this warranty if the function of the entire assembly is not affected significantly and if it stops short of a specific, unavoidable nominal failure rate. For the lighting units, the nominal failure rate is 0.2%/1,000 hours of operation, with reference to the specification values (datasheet). With LED modules, a decrease in luminous flux is normal up to a level of 30% within 50,000 hours of operation and consequently does not fall under this warranty. Any loss of luminous flux as a result of pollution or incorrect maintenance of the lamps is not covered by the warranty.
5.2. Rights and obligations under the Warranty
As a general rule, the guarantee shall only cover the delivery to the customer of replacement products of the same or similar quality; claims for higher or additional damage or for profit loss shall not be admissible. Furthermore, claims regarding the reimbursement of any costs for the on-site replacement and de-installation of defective products and for the installation of replacement products shall not be admissible (including but not limited to the fitting, removal or transportation of defective, repaired or new products, disposal, travel and mileage, lifting devices, scaffolding etc.). Instead of delivering a replacement and without prejudice to the preceding provisions, only ewo – i.e. not the customer – shall be entitled to inspect and repair any defective products either at one of ewo's sites or at the customer's site; this can be done either by ewo itself or through a third party commissioned by ewo. In this case, too, all costs that exceed the actual repair costs (including but not limited to the fitting, removal, disposal, lifting devices, scaffolding etc.) shall be borne by the customer. If and where the customer is entitled to claims under this agreement that extend beyond the mere delivery of a replacement product arising from any applicable and binding legal provisions, the customer shall provide advance written documentation of this to ewo, submitting written cost estimates for the replacement and the installation of replacement products on site or for any on-site repair works and giving ewo the opportunity, in writing, to either carry out the replacement, installation or repair itself or to commission a third party to do so; in case of non-compliance with the above stipulations, the customer shall lose all claims regarding the reimbursement of any costs. Replacement products or repair components may contain new or recycled materials that are equivalent or superior to new products or parts in terms of performance and reliability. The functionality of all replacement products and repair components is equivalent or superior to that of the product to be replaced. We warrant that all replacement products or repaired products will be free from any material and manufacturing defects for the remainder of the warranty period applicable to the product being replaced or repaired. All other matters shall be governed by the same warranty terms, conditions, scope and exclusions as the original, defective product.
The guarantee shall immediately become void if modifications or repairs are carried out on the goods without prior written consent, or if the goods were improperly installed or installed by an unqualified person. As a result of technical progress as well as of use-related changes in the luminous flux and the colour point of the lighting modules, replacing products may lead to variations of the lighting characteristics (colour temperature or luminous flux) compared with the original products. Where installation is planned in a critical environment - in terms of temperature, moisture or salty air - this must first be agreed with ewo. ewo will verify whether special processing or materials are necessary in order to guarantee the product’s longevity in such particular cases. Claims for performance under the warranty shall only be valid if the following cumulative conditions are all fulfilled and if proper evidence for such fulfilment is given, where appropriate in writing only, by the purchaser:
1) The product was used in accordance with the prescribed product and use specifications (datasheet), and was professionally installed and operated.
2) No changes or overhauls (hardware or software) were undertaken without ewo’s written consent.
3) All works have been carried out in accordance with the assembly and operating manual, and their execution has been duly documented.
4) The ratings for temperatures, voltages and currents were not exceeded.
5) Defects are not caused by unforeseen and unforeseeable occurrences, such as fortuitous circumstances and/or force majeure, electrical discharges, lightning or excess voltage, not linked to any defect in the manufacturing process of the product;
6) The product has not been subjected to any mechanical loads not in line with its destination.
7) Installation of the product in a special environment that might impair the product’s longevity was agreed with ewo;
8) The product was fully paid for in accordance with the purchase contract.
9) The claim under warranty was communicated in writing to ewo by E-mail to firstname.lastname@example.org, not later than fifteen days that the alleged defect has appeared.
10) Where the lighting planning and calculation of the installation was not done directly by ewo, the purchaser gives written evidence that such lighting planning and calculations done by himself or by appointed third parties was carried out in full compliance with the prescribed product and use specifications (datasheet).
5.3. Assertion of claims under the warranty
A precondition of recourse to the warranty is the presentation of the purchase contract or of the relevant invoice. The warranty claim must be registered with ewo at email@example.com as soon as the alleged defect appears. Defective products must be sent to ewo for its examinations. In the event that no defect is established in the course of such examinations or it is established that no warranty claim exists, ewo has the right to reimbursement of the costs borne in the course of the examinations in order to determine the cause of the defect. Components or products replaced by ewo under the warranty become the property of ewo. ewo hereby declines any liability that goes beyond this warranty.
5.4. Extended warranty to the benefit of final clients:
For all products sold under the „ewo“ trade mark, ewo offers a five year long extended product warranty. The extended warranty can be activated by the final client under
6. Applicable Law. Jurisdiction
All contracts are governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Bolzano, Italy, is the exclusive jurisdiction for legal disputes of any kind.
ewo srl - via dell'Adige 15 - IT-39040 Cortaccia (BZ) - T +39 0471 623087 - firstname.lastname@example.org - P.IVA IT 01603000215