GENERAL CONDITIONS
This Price List is valid from 1 February 2021 and cancels and replaces the previous versions. With the transmission of the order, the Customer fully accepts the
conditions set out below and their acceptance constitutes the basis of the commercial negotiation. Sales are intended to be finalized only after express acceptance
by FIMA Carlo Frattini (hereinafter also the “seller”).
PRICES
The prices in this Price List are net of VAT and are expressed in Euro. This Price List cancels and replaces all previous versions except for errors or omissions. Any errors in this Price List cannot constitute grounds for dispute. By sending the order, the buyer fully accepts these Terms of Sale. The selling company reserves the right to modify the prices, the general conditions of sale and the products themselves at any time at its sole discretion and without any prior notice. The company reserves the right to apply general increases to the Price List at any time by means of written communication. Our direct and indirect offers are intended without obligation and sales are intended to be perfected only after express approval.
PRICE LISTS AND PRODUCTS
All information and prices included in catalogues, price lists and any possible printed matter are provided for information only and do not constitute an obligation of faithful execution on the part of the selling company. FIMA Carlo Frattini reserves the unilateral possibility and without prior notice to modify the characteristics of the products sold, without any obligation to modify or replace the products previously supplied or during the order.
The images of our products, contained in our catalogues, brochures or in any other promotional tool, represent a mere indicative representation of the individual items and do not constitute a commitment to the faithful realization of the same. The details, measurements and weights mentioned must be considered indicative.
ORDERS
Orders are subject to acceptance by FIMA Carlo Frattini and are tacitly considered subject to these conditions of sale. Orders or changes must always be confirmed in writing by the Customer even if anticipated by voice or telephone. Any unilateral cancellation by the buyer is never allowed without the prior written agreement of FIMA Carlo Frattini who reserves the right to refuse the total or partial cancellation of orders in progress.
TRANSPORT AND DELIVERY TERMS
The delivery terms indicated in the order acceptance phase are not peremptory and non-binding for the seller and cannot constitute a request for reimbursement and / or damages by the buyer. Failure to comply with the delivery terms indicated also does not constitute a right to suspension and / or delay in payment with respect to the terms agreed. Unless otherwise indicated, confirmed in writing, the shipment is always carried out to the address indicated in the order. Whatever the agreements regarding the shipping methods, the risks and dangers are transferred to the customer from the moment of delivery of the goods to the first carrier even if the shipment is made carriage paid. These conditions also apply in the event of a disaster or force majeure. The customer is required to check and control the material upon receipt and to promptly notify the carrier by registered letter with return receipt in case of tampering or damage to the packaging.
Transport costs, unless otherwise agreed in writing, are always borne by the buyer.
CUSTOMER IDENTIFICATION DATA
The customer is responsible for all identification data provided at the time of the order: company name, registered office, tax code, VAT number and anything else specifically required by current legislation. The customer’s data, according to Legislative Decree 196/2003, will be kept and processed for compliance with legal obligations and any other use must be expressly accepted by the customer.
PAYMENT AND RETENTION OF TITLE
The payment methods indicated in the invoice are mandatory: any variation, which has not been previously and expressly confirmed, will not be accepted. Delayed payment will result in the debit of bank and / or legal interest from the day following the due date of the debt. Upon the occurrence of non-payment within the agreed terms, all orders in the portfolio will be suspended without prior notice and deemed cancelled due to the buyer’s fault, without prejudice to compensation for damages suffered and undergoing. Payments for products already delivered will not be subject to the completion of the order. No payment can be deferred in the event of disputes. The goods delivered to the buyer always remain the property of FIMA Carlo Frattini until full payment of the agreed amounts.
COMPLAINTS AND WARRANTY
All FIMA Carlo Frattini production items are subject to warranty under the conditions indicated in the specific document “General Warranty Conditions”. Damage caused by improper installation or misuse are never covered by warranty. Returns of goods are not accepted unless authorized. In the case of ascertained defect of the products by FIMA Carlo Frattini, the guarantee provides for the mere repair or replacement of the same without any further compensation for direct or indirect damage caused by the use of the products.
Complaints must be made within 8 days from the sale of the goods to the end customer, by means of written communication and according to the procedures set out in the General Warranty Conditions. The costs of returning the goods are always charged to the customer unless otherwise agreed in writing accepted by the commercial management.
COMPLAINTS, RETURNS AND JURISDICTION
In the event of disputes, the Court of Novara will be competent to decide.
GUARANTEE TERMS
FIMA Carlo Frattini shall grant end consumers a seven-year-warranty in accordance with the terms and conditions as set out below on all products sold under FIMA Carlo Frattini brand.
FIMA Carlo Frattini guarantees that products shall be free and clear of material, manufacturing, design and functional defects.
Any defects that occur shall be rectified by FIMA Carlo Frattini at its own expense by repairing or replacing the product at FIMA Carlo Frattini’s sole discretion.
FIMA Carlo Frattini shall evaluate any reported defects by using the same technical standards existing at the time of manufacture.
Following the replacement, the property of the defective product shall pass to FIMA Carlo Frattini.
FIMA Carlo Frattini shall grant a seven-year-warranty on its products from the date on which the product itself has been purchased by end consumers.
The warranty period shall neither be extended nor begin to run again as a result of replacing and/or repairing the product or parts of it.
Warranty claims for repair and/or replacement of defective products may only be made if the product has been properly installed, mounted and used.
The installation and operational instructions as well as the technical data sheets provided with product and available on fimacf.com website shall always be observed even during installation.
This shall apply irrespective of whether the installation is performed by a qualified specialist installer.
In order to claim the present warranty, the product must be duly and properly cleaned and maintained in accordance with instructions for maintenance and used in accordance with the operational instructions.
Any FIMA Carlo Frattini product is individually subject to stringent visual and functional inspection before and during packing; therefore, claims may not be accepted under the following conditions.
EXCLUSION OF THE WARRANTY
FIMA Carlo Frattini does not guarantee its products for any of the following:
- aesthetic defects including scratches, spots and dents not reported prior to installation;
- defects occurring on a display/ ex display product, or a second hand one.
- defects caused deliberately or by negligence of the end consumer or a third party;
- defects due to incorrect use or incorrect handling of the product;
- defects resulting from an installation made by unqualified persons, inadequate professionals, and/or not complying with the assembly instructions provided with the product;
- defects due to missing or incorrect maintenance;
- defects caused by aggressive environmental conditions and/or by external sources including lime deposits or deterioration due to ice and/or limestone;
- defects caused by the use of corrosive and abrasive cleaning products (such as e.g. anti-limescale products, scouring powder, bleach) or products of any kind not specified in the instruction sheets (any spots or changes in the color of the chrome or finish are certainly due to the use of unsuitable cleaning products or tile cleaning acid, and not due to defects in the chrome-plating or color finish process);
- defects consisting in the normal consumption of materials subject to wear and tear such as diverters, valves, ceramic cartridges, thermostatic cartridges, flexible hoses, gaskets. In any case, any kind of defect on thermostatic cartridges occurred after 2 (two) years from installation shall be considered as normal wear and tear;
- defects occurring on a display/ ex display product, or a second hand one.
ACTIVATION OF THE WARRANTY
To activate the warranty, contact your supplier (plumber, wholesaler, reseller) for further information.
Claims for replacement under warranty will be considered only by submitting a proof of purchase of the product.
All returns of goods:
- considered to be defective
- due to mistakes while ordering or shipping
must be previously authorized by FIMA Carlo Frattini with an RMA form (available on request).
All authorizations to return goods are given a unique protocol number.
All products authorized to be returned to the manufacturer must be shipped free port within 15 days at the latest from the date of the authorization itself.
The following will not be considered:
- products returned without RMA number;
- products returned with unreadable RMA number on box or on shipping documents;
- products returned with an improper packaging;
- disassembled products;
- dirty products;
- thermostatic products returned without their filters.
FIMA Carlo Frattini esaminerà ogni singolo caso e valuterà se sussistono le condizioni per l’operatività della presente garanzia riservandosi il diritto di negare la riparazione o sostituzione se vi sono motivi per l’esclusione.
FIMA Carlo Frattini will review each specific case and assess whether the guarantee prerequisites have been met and whether there are any grounds for exclusion, reserving the right to deny repair or replacement.
In case the defects reported on the RMA form are not confirmed, the client will be notified accordingly and the products will be held for collection for 30 days from the date of notification. After 30 days the products will be scrapped.
Any cost for returning the defected product will be charged to the customer.
This warranty only applies to the extent explicitly stated above and subject to the prerequisites above-mentioned.
