Terms of Service
All orders accepted by ROVCRAFT are subject to the Terms and Conditions of Sale set out below:
General
All orders for products and services on the Web site www.rovcraft.com (“Web Site”) are accepted by ROVCRAFT subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by ROVCRAFT unless agreed in writing by an authorized signatory of ROVCRAFT or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the products and services contained on the “Web Site” or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between ROVCRAFT and the Customer. ROVCRAFT shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services on the ROVCRAFT website is not an offer capable of acceptance, it merely constitutes an invitation by ROVCRAFT for the Customer to make an offer to purchase products and services.
Prices
The prices of the products and services are as set out on the “Web Site” at the date of dispatch of the ordered products or the date of provision of the ordered services. Customer is informed that prices and products in the printed hard copy catalogue are subject to change. ROVCRAFT reserves the right to change prices without prior notice at any time.
Ordering and Delivery
ROVCRAFT reserves the right to decline to trade with any company or person. In addition, ROVCRAFT may decline to accept any order, whether payment has been received, by giving notice of non-acceptance to the Customer by email or facsimile within a reasonable period of receipt by ROVCRAFT of the order.
ROVCRAFT executes orders to the Customer's requirements and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when ROVCRAFT next has available stock or be cancelled.
Delivery
ROVCRAFT will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the “Web Site” current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the “Web Site” or by ROVCRAFT's employees are approximate only and ROVCRAFT shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify ROVCRAFT, and ROVCRAFT will endeavor to ascertain if the product has been delivered or the expected delivery time of the product to the Customer.
Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause iv, the due date for delivery, give notice to ROVCRAFT in detail of:
Any defect in the product that is apparent on reasonable examination. In this case ROVCRAFT shall, at ROVCRAFT's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
Any shortfall in products delivered. In this case ROVCRAFT shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
Any delivery of products not in accordance with the order. In this case ROVCRAFT shall, at ROVCRAFT's discretion, replace the products or refund the purchase price;
Any non-delivery of the products (in which case the time limit is within 10 days of the estimated dispatch date). In this case ROVCRAFT shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. ROVCRAFT's record of the products dispatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. ROVCRAFT shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
Payment
Payment terms are cash with order by wire transfer and PayPal. Euro currency only. We do not accept C.O.D. orders outside Italy.
Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to ROVCRAFT has been made (in cash or cleared funds).
Product and Availability Information
ROVCRAFT reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous program of product improvement, or to assist product availability, and such changes may take place during the life of any ROVCRAFT catalogue.
Unless otherwise confirmed, nothing in any ROVCRAFT catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
Warranty
For products purchased from the “Web Site”: ROVCRAFT warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to ROVCRAFT within 12 months of the original date of dispatch, or such other longer period as may be indicated by ROVCRAFT for specific products from time to time in writing.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of ROVCRAFT. The Customer must return or dispose of the products, or make them available for collection by ROVCRAFT, in accordance with ROVCRAFT's instructions and suitably packaged. All orders are accepted by ROVCRAFT subject to the Terms and Conditions of Sale set out below:
The Customer must contact ROVCRAFT to notify ROVCRAFT of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, ROVCRAFT may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by ROVCRAFT shall become the property of ROVCRAFT. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be ROVCRAFT's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded fully permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). ROVCRAFT will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on ROVCRAFT by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
Limitations of Use
Products sold by ROVCRAFT are not recommended or authorized for use in life support devices, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
Liability
ROVCRAFT shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the ROVCRAFT technical forum) whether or not due to its negligence or that of its employees, agents or sub-contractors.
ROVCRAFT shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between ROVCRAFT and the Customer, or of any order accepted by ROVCRAFT; (ii) any duty of any kind imposed on ROVCRAFT by law arising out of or in relation to the contract between ROVCRAFT and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
Third Party Links.
From time to time, the “Web Site” may contain links to Web sites that are not owned, operated or controlled by ROVCRAFT. All such links are provided solely as a convenience to you. If you use these links, you will leave the “Web Site”. We are not responsible for any content, materials or other information located on or accessible from any other Web site. We do not endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
Cancellations and Returns
The Customer may not cancel orders once accepted by ROVCRAFT. ROVCRAFT may, at its discretion and in writing, allow an order to be cancelled subject to ROVCRAFT recovering from the Customer the costs incurred by ROVCRAFT. In the event of cancellation of part of any order only, ROVCRAFT may invoice the Customer any difference in selling price per unit applicable to the quantity dispatched up to the time of cancellation compared to the quantity ordered.
(i)The Customer may only return products to ROVCRAFT, and receive a credit or refund and on the following conditions: The Customer must contact ROVCRAFT prior to the return of any products and obtain the prior consent of ROVCRAFT and obtain a returns number (to be quoted on all returned paperwork);
(ii)Return must be made within 14 days of the date of delivery (as stated on the delivery documentation). Products must be returned to ROVCRAFT in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to ROVCRAFT adequately packed and dispatched freight prepaid, clearly labelled to: ROVCRAFT, via Sabotino, 1, 20847 Albiate (MB) Italy.
(iii)The Customer must quote the invoice details or the ROVCRAFT reference number on the ROVCRAFT Customer Returns Form from the original dispatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
· For products returned due to Customer error or no longer required and returned in accordance with (i) - (iii) above a handling charge will be applied. This handling charge is set out on the ROVCRAFT website.
· Where the Customer returns products to ROVCRAFT not in accordance with (i) - (iii) above (for example, after 14-days from the date of dispatch or in an unfit state) ROVCRAFT will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.
· This returns policy excludes software, calibrated products, production packaging products and specially manufactured products. ROVCRAFT accepts no responsibility for any loss of or damage to products in transit from Customer to ROVCRAFT or for any items received by ROVCRAFT with them.
Force Majeure
A force majeure event is any event beyond the reasonable control of ROVCRAFT (including strikes, traffic congestion, the downtime of any external line, or ROVCRAFT's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If ROVCRAFT is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then ROVCRAFT shall be relieved of its obligations during the period that such event continues and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, ROVCRAFT may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
Rights in the Web Site and Catalogue
The Customer acknowledges that ROVCRAFT own the intellectual property rights in the “Web Site”, the ROVCRAFT catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without ROVCRAFT's prior written consent is prohibited.
Law and Jurisdiction
The contract between ROVCRAFT and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with Italian Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in Italy, but ROVCRAFT may enforce the contract in any court of competent jurisdiction.
ROVCRAFT
Via Sabotino, 1 20847 Albiate (MB) -ITALY-
VAT number: 10103210968
(+39) 338 5052660