| 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 September 2003
Publication Ref. 9591.9381 EN form ETAC 9381.1/V901
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