Erio Terms & Conditions
1. Definitions
In these Conditions of Sale, the Company means Davis Schottlander & Davis Ltd and the Customer means the person purchasing the goods from the Company under these Conditions of Sale.
2. Acceptance Variation and Scope
a) Subject to each variation as provided for in Paragraph b) of this Condition and except to the extent that such provisions of the Sale of Goods Act 1983 as are non-excludable otherwise provide these conditions together with such provisions of the said Act as are not inconsistent herewith shall apply to all contracts with the Company and the Customer.
b) No variations of these Conditions shall be effective unless made in writing and signed by an authorised official of the Company. At the request of the Customer, the Company will verify whether any named individual has the requisite of authority. Any variation made in this way shall be effective as shall a variation contained in the specification and estimate issued by the Company on acceptance of it by the Customer.
3. Terms of Payment
a) An initial payment of 25% of the total price of the contract including VAT is due on acceptance of this quotation. The Company will only order goods from the factory on its receipt. This initial payment is not refundable under any circumstances.
b)Unless mutually agreed between the parties the Company will invoice to the Customer on completion of the contract (or of that part which has been completed if for whatever reason it is prevented from completion of the whole). The invoice less any initial payment towards it becomes payable within a maximum of 30 days from the invoice date. Late payment shall bear interest at the rate of 4% above the minimum lending rate of HSBC Bank Plc at the time and date when payment becomes due.
c) In the unlikely event of damage to goods preventing completion of the works, the Company will accept a 10% retention of the total contract value (subject to the value of goods outstanding) payable 30 days from completion and subject to late payment terms stipulated in point b. above.
4. Delivery Time
The estimated delivery time is given by the Company in good faith but it is not of the essence of the contract.
5. Access
The customer agrees to provide unimpeded access for the employees and vehicles of the Company, its sub-contractors and carriers on or into the Customer's property for the purpose of delivery, assembly or installation of goods on behalf of the Customer and neither the Company, its sub-contractors or carriers nor any of their respective employees shall be liable for any loss, injury or damage caused unless negligently to any person or property arising out of entry of such employees or vehicles on or into the Customers property and any consequential loss or damage arising shall be borne entirely by the Customer.
6. Damage or Discrepancies
Goods for self-assembly will either be accompanied by a delivery note or receipt sheet. The customer should sign this for the number of parcels received. A further 7 days is allowed for reporting to the Company in writing any damage or discrepancies. Where the contract calls for the Company to assemble and/or install the goods, the customer has the duty to inspect and check both goods and work on completion by the fitters and to sign their note accordingly. Notwithstanding the above a further 7 days is allowed for reporting to the Company in writing any damage or discrepancies.
7. Title
All goods remain the Company's property until the full amount payable in respect thereof is paid. The retention of title by the Company shall be no ground for the Customer to fail to complete the purchase.
8. Notice
Any notice required hereby to be given to the Customer may be sent by pre-paid letter first class post addressed to him at the address overleaf and shall be deemed to be received by him in the due course of post.
9. Representation
No representation including commercial advertisements shall be binding upon the Company unless made in writing and signed on behalf of the Company.
10. Assignment
The customer shall not be entitled to assign the benefit of this Contract.
11. V.A.T
All prices quoted by the Company are exclusive of Value Added Tax unless otherwise stated. The actual rate charged will be that ruling at the date of despatch.
12. Force Majeure
In the event of any circumstances contingency or force majeure occurring beyond the Company's control preventing impelling or interfering with the despatch of the whole or part of any goods the Company reserves the right to suspend and/or cancel delivery without incurring liability for any direct or consequential loss injury or damage which may be caused or sustained by the Customer and/or any third party consequence of any such suspension and/or cancellation.
13. Assembly: Installation Area & Services
The customer must ensure that all assembly and installation areas have been prepared and cleared before our arrival and that all floors have been levelled. The services of the types & positions shown on the plan supplied by the Company to the Customer must also be provided to within 0.5 metres. Failure to do so may prevent the Company from finishing the installation and checking its work and of any equipment supplied to the Customer. Any additional expenses incurred including a second visit are chargeable to the Customer. All waste materials to be disposed of by the customer, including but not limited to; cardboard, wood and polystyrene packaging. A suitable facility to be provided by the customer for disposal of the waste during installation, or waste material to be left for disposal by the customer after installation completion.
14. Delays
If for whatever reason the Customer is unable to accept delivery, assembly and installation by the Company within 30 days of the Company notifying the Customer that it is ready so to do then the Company may at its discretion invoice the goods (net of delivery, assembly and installation) to the Customer who shall make payment as if the contract had been completed. Any additional storage charges incurred by the Company may be invoiced to the Customer at cost.
15. Water Supplies
Local Water Authorities in some areas have specific regulations regarding water supply to dental surgeries and laboratories including dental equipment. It is the responsibility of the Customer to ensure before installation that the water supply to the surgery, the laboratory and to dental equipment conforms to the regulations laid down in the area and the Company will assume when making its connections that this is the case. We strongly recommend that you employ a reputable plumbing contractor and take expert advice to ensure that you fully meet local requirements.
16. Non - Delivery
The Company shall not be liable for any non-delivery of Products unless written notice is given to the Company within 10 working days of the date when Products should have been received. Any liability of the Company for non-delivery of the Products shall be limited to replacing the Products within a reasonable time.
17. Warranty
Davis Schottlander & Davis Ltd (“Schottlander”) warrant that the goods will be free from defects in material and workmanship for a period of twelve months only from the date of despatch. The warranty is given subject to the following Conditions:
Any claim which is based on any defect in the goods shall be immediately notified to Schottlander in writing within 7 working days from the date of delivery, completion of installation or (where the defect or failure was not apparent on reasonable inspection) within 30 days after discovery of the defect. If the Customer does not so notify Schottlander, they shall not be entitled to reject the goods and Schottlander shall have no liability for such defect, and the Customer shall be bound to make a full payment of the price as if the goods had been delivered in accordance with the order.
Where any valid claim based on any defect in the goods is notified to Schottlander in accordance with the clause above, Schottlander shall be entitled to have this repaired outside the Customer’s premises or replace the goods (or the part in question) free of charge or, at Schottlander’s sole discretion, refund the price of the faulty goods returned, but Schottlander shall have no further liability. Repairs will not be carried out at the Customer’s premises.
Products must be returned intact in their original or similar packing and with appropriate outer packaging in order to ensure no damage will be suffered during transport. Any parts damaged during transport due to poor packaging or other causes not attributable to defects in material and workmanship, and highlighted on arrival of the returned product, shall not be credited in any way. Schottlander shall be under no liability under the above warranty if these conditions are not complied with. The original invoice should be included along with the reason for the return, including any additional supporting documentation and equipment service records. Please call customer service on Freephone 0800 97 000 79 before returning any goods to obtain a reference number. Failure to observe this procedure may invalidate the claim. No liability can be accepted for any failure of the goods to perform according to any performance figures given.
For the avoidance of doubt, this warranty shall not apply to defects resulting from neglect, abuse, alteration, misuse and improper installation by the customer (or their appointed sub-contractor) or unsuitable use of the goods. Failure of the customer to ensure the goods are maintained in accordance with the manufacturer’s instructions and kept in a clean, tidy manner will invalidate the claim. Except as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.
Except in respect of death or personal injury caused by Schottlander’s negligence, Schottlander shall not be liable to the Customer by reason of any representation, or implied warranty, condition or other terms, or any duty under Common Law, or under the express terms of the Contact, of any consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of the goods or their use.
Warranty on Painted Parts:
Erio dental laboratory equipment is built in oven-epoxy galvanised steel plate. The duration of the warranty against corrosion of these materials is 5 (five) years.
Warranty on Stainless Steel Parts:
The bench tops in AISI 304 stainless steel are built with certified materials and the guarantee against corrosion is for 5 (five) years.
The warranty is forfeit due to:
a) Stainless steel parts or materials not permitted according to the merchandise tables attached to the tops.
b) Electrolysis and electro-corrosion or failure to earth the stainless steel tops.
c) Iron particles (fillings) deposited on the stainless steel surface.
The warranty on electric and electronic parts:
The electric and electronic equipment is guaranteed against manufacturing defects for 1 (one) year. The warranty expires when repairs or tampering are carried out by personnel not authorised by Erio S.R.L. in Italy, or by an Official Erio Dealer in other territories.
The warranty for electric motors is valid for up to 700 hours of effective use or for one year, whichever is the earlier.
Starting Date:
The warranty on Erio S.R.L. products runs from the date of installation of the material in the customer’s laboratory. This date must be witnessed by the test report issued by the personnel responsible for assembly.
Exclusions:
Damage caused by improper use of the products is not covered by the warranty, and no responsibility can be accepted. It remains understood that the guarantee is forfeit the moment products supplied by Erio S.R.L. are used outside the field of application for which they were designed, that is, outside dental laboratories. Accessories are not covered by the warranty if they are not installed on the Erio units for which they were expressly designed. The guarantee is secondary to correct installation, which must be carried out by personnel trained and authorised by Erio S.R.L. or by the official Erio Dealer for the territory in question. We decline all responsibility for consequential damage deriving from the goods supplied by us.