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Terms and Conditions HSwebshop

 

1. PAYMENT

1.1 Price of products or services sold by Hanna Service d.o.o. is as stated on Hanna Service d.o.o. invoice.

1.2 All other and/or additional expenses/costs/fees/taxes/bank commisions and levies payable in respect of the import/export and sale of the products including but not limited to the requisite documentation shall be borne by the purchasers of such products (“Purchaser”).

1.3 Unless specified otherwise on Hanna Service d.o.o. invoice, time for payment is of the essence and payment is due as follows:

- For all products or service sold by Hanna Service d.o.o.– 100% IN ADVANCE by credit card on our bank account.

 

2. RISK AND PROPERTY

2.1 All products sold/delivered and/or installed by Hanna Service d.o.o. shall remain Hanna Service d.o.o.’s property until full payment of the price including but not limited to such sums and/or interest on any outstanding sums payable by the Purchaser to Hanna Service d.o.o., is received by Hanna Service d.o.o.

2.2 Notwithstanding Clause 2.1 herein, all risk of damage of loss of any product shall pass from Hanna Service d.o.o. to the Purchaser upon delivery by Hanna Service d.o.o. of the product into the charge/care of such carrier selected by the Purchaser and/or its servants or agents.

 

3. DELIVERY

3.1. Subject to Clause 7 herein and notwithstanding any applicable law or legislation pertaining to the time of delivery of goods, all delivery dates are estimates only unless otherwise agreed by both parties in writing.

3.2. Notwithstanding Clause 3.1 herein, parties may be mutual written agreement vary the delivery dates.

3.3. Notwithstanding any applicable law or legislation pertaining to partial delivery or delivery by instalments,parties hereby expressly agree that partial delivery shall be permissible and be accepted unless specified otherwise in writing.

 

4. ACCEPTANCE OF PRODUCTS 

4.1. For products sold and installed by Hanna Service d.o.o., acceptance occurs the earliest of either of the following:

(a) the date of successful execution of Hanna Service d.o.o.'s standard verification procedures applicable to the products (“Quality control”) as acknowledge by the Purchaser signing an acceptance certificate; or

(b) If the Purchaser has not signed an acceptance certificate and fails to inform Hanna Service d.o.o. in writing within seven (7) days of the completion of the Quality control of any material non-compliance with the Quality control, the eight (8) day; or

4.2. If the delivery and/or installation of any product is delayed due to the Purchaser’s or its servants’ or agents’ actions or comissions, the products deemed delivered, installed and accepted on the date which the product would have been delivered to the Purchaser or its servants or agents but for the    Purchaser’s or its servants’ or agents’ actions or omission. In the event, notwithstanding clause 1  and 3 herein, the due date of payment shall be the date on which the product would have been delivered to the Purchaser or its servants or agents.

 

5.  WARRANTY

HANNA products are manufactured in our ISO 9001:2000 facilities, meeting the highest quality standards in the industry. HANNA’s high standards also apply should a product be returned due to defects in material or workmanship.

Limitations:

Warranted products may be returned for repair or replacement only at the discretion of HANNA. In some circumstances, remedy may constitute refund for the price paid for the product.
The purchased HANNA product is warranted for 12 months against defects in workmanship and materials when used for their intended purpose and maintained according to instructions. All HANNA electrodes and testers are warranted for 6 months. This warranty is limited to repair or replacement.

Damage due to accidents, misuse, tampering or lack of prescribed maintenance are not covered.

If service is required, contact the dealer from whom you purchased the instrument. If under warranty, report the model number, date of purchase, serial number and nature of the problem. If the repair is not covered by the warranty, you will be notified of the charges incurred.

If the instrument is to be returned to HANNA Instruments (for warranty and non-warranty service, replacement, recalibration and repairs), first obtain a Return Goods Authorization (RGA) number from the Customer Service department (expo@hannaservice.eu) and then send it with shipping costs prepaid. Any instrument not bearing an RGA number will be refused. All products returned for warranty repair or replacement MUST be preceded or accompanied with proof of purchase, such as the original invoice or packing list.

When shipping any instrument, make sure it is properly packed for complete protection. The sender is responsible for expediting any damage claims placed against the carrier

 

SALES CONDITIONS

Hanna Service d.o.o. (hereafter denominated Hanna Service or Hanna) only guarantees product conformity at the time of delivery, in accordance with the specifications listed on the accompanying documents and that the goods are free from production defects or materials pre-existing the sale. Hanna Service does not assure the suitability of the products for a specific purpose or for a specific application, unless this is expressly stated in the accompanying documentation of the products.

The guarantee will be effective for the period specified in this document, in the terms and conditions specified herein. This guarantee is in any case EXCLUDED in the following cases:

1)      Use does not comply with the conditions of use described in the accompanying documentation of the products, or rather if used for purposes or applications other than those that may be indicated by Hanna Service

2)      Failure, insufficient, untimely or improper maintenance of products, including the regular replacement of proper supplies, in accordance with the instructions of the accompanying documentation of the products or any additional documentation provided by Hanna Service, including publications on its website

3)      Damage caused during transport of the products, or which in any case are attributable to causes other than defective material or a manufacturing process. The buyer, in case of dispute by Hanna Service, will have the burden of proof in relation to the use of the Products in accordance with the conditions of use described in the accompanying documentation of the products, or for the purpose or applications that may be specified by Hanna Service, as listed below, as well as in relation to the carrying out of regular, complete, timely and appropriate maintenance of the products, including the regular replacement of appropriate supplies, in accordance with the instructions of the accompanying documentation of the products or the any additional documentation provided by Hanna Service, including publications on its website.

4)      Hanna Service is not required to perform guarantee work on the products:
     a)      for those components subject by their nature to wear in their use
     b)      should there be visible evidence of tampering or if the interventions made by the buyer and / or by unauthorized personnel.
     c)       should the damage be due to any other reason other than defects in workmanship or materials.

Repairs carried out under warranty will be free.

Hanna Service offers its assistance and provides its assistance only on products sold directly by Hanna Service.

 

TERMS AND CONDITIONS FOR THE APPLICATION OF THE GUARANTEE

The buyer must declare, under penalty of forfeiture, any defects in the products covered by the guarantee by written notice, sent directly to Hanna Service d.o.o. – Ulica 15. Maja 19a; 6000 Koper – Capodistria; Slovenia, within 8 (eight) days after discovery of the defect , enclosing a copy of the transport document, the invoice or accompanying document, clearly explaining the disputed defect. After this deadline, the exception will no longer be accepted. The buyer, in case of dispute by Hanna Service d.o.o., will have the burden of proof in relation to the timeliness of the complaint in relation to the date of the actual discovery of the defects.
In the case of production defects (faults) and/or materials pre-existing the moment of sale, the buyer will:

     i) denounce any defects in writing as indicated above

     ii) obtain a return number (RGA) from Hanna Service with permission to return the products
Hanna Service will:

     I. conduct technical verification of the instruments received with the RGA. In case the product was sold to a public institution or any other entity own by the government in a public tender Hanna service can organize the verification here above at the end user facilities. If the disputed defects are found, under its discretion Hanna Service may proceed and repair or replace the instruments.

     II.  return the instrument to the buyer at its charge.

     III. guarantee goods only if the previous 4 points are respected and exclusively if the goods are returned to Hanna Service in their original packaging, intact, and with no stickers or labels other than the original ones.

 

LIMITS TO COMPENSATION FOR DAMAGES

Even in the case of defects covered by the guarantee, Hanna Service’s responsibility will be limited to the obligation to repair the product or replace the Product, and at Hanna Service’s option, refund the purchase price to the Buyer for the defective product.

Hanna Service is therefore not liable for any damage endured by the buyer or any third party, such as, but not limited to, damages experienced by the purchaser or any third party for the consequences arising from the use of the products, direct and indirect damage to property, such as but not limited to, downtime, damage to products and property of the Buyer and/or third parties, costs of servicing and routine and extraordinary maintenance and repairs.

 

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The Purchaser shall inform Hanna Service d.o.o. in writing immediately of any claim demand or of any complaint of infringement of trade name, copyright, trademark, patent or  any other industrial or intellectual property rights (hereinafter collectively referred to as “Intellectual Property Rights”) belonging to third parties in regard to the product or any component or part of thereof including any accompanying manuals or documents.

6.2. In any of the cases mentioned in clause 6.1 herein, Hanna Service d.o.o. shall have full control to defend and or settle any claim or suits against the Purchaser and indemnify the purchaser against any final award of damages and costs so far as the same is based on a claim that an Hanna Service d.o.o. product or manual or documents infringes the Intellectual Property Rights of any third party on the condition that the Purchaser notifies Hanna Service d.o.o. in writing immediately, permits Hanna Service d.o.o. full control to conduct, defend, settle including any appeals in the claim and/or suit, and cooperates fully with Hanna Service d.o.o., its servants, agents and solicitors in the conduct of such claim and/or suit.

6.3. If the use of an Hanna Service d.o.o. product is enjoined for infringement or where the product is held to constitute an infringement of Intellectual Property Rights,  Hanna Service d.o.o. will, at its option and absolute discretion, either arrange for the continued use by the Purchaser by providing a non-infringing substitute or accept the return of the product together with all accompanying manuals and documents etc. and refund its price less depreciation, in which event, both Hanna Service d.o.o. and the Purchaser are released and discharged from their respective obligations herein and neither party shall have any claims whatsoever against the other for breach of contract or damage or loss.

6.4. Hanna Service d.o.o will not be liable for any infringement resulting from (a) compliance with the Purchaser’s designs, specifications of instructions; (b) modification of the products; (c) use of the products; (d) use of the products other than as specified in Hanna Service d.o.o. publications or manuals; (e) use of the products with interfaces and/or parts not supplied by Hanna Service d.o.o.. This section states the entire liability of Hanna Service d.o.o. for alleged infringement of intellectual property rights for any kind.

 

7. PERFORMANCE 

7.1. Hanna Service d.o.o. performance will be varied or suspended to the extent performance is beyond its reasonable control including but not limited to the following:

Labour disputes, acts of nature, manufacturers, subcontractors or carriers, governmental action, change in applicable laws or policies or the non-performance by the Purchaser of any obligations pursuant to the terms herein including non-payment or failure to execute acceptance certificates or financing document or arrange for payment on terms acceptance to Hanna Service d.o.o. in which event Hanna Service d.o.o. may at its absolute discretion treat itself as released and discharged from its obligations to sell, deliver and/or install the product and refund to the Purchaser all sums paid and neither party shall have any claims whatsoever against the other for breach of contract, damages or loss but without prejudice to Hanna Service d.o.o.’s right against the Purchaser of any antecedent breach of the Purchaser’s obligation herein.

 

8. LIMITATION OF LIABILITY

8.1. Hanna Service d.o.o. shall not be liable for any special, incidental consequential damages; or for loss, damage or expense directly or indirectly arising from Purchaser’s or its servants’ or agents’ use of or inability to use the products either independently or in combination with other equipment, parts, interfaces or softwares whether supplied by Hanna Service d.o.o. or not, or for any commercial and/or pecuniary loss of any kind (including but not limited to loss of business and/or profits), based on any breach of warranty, breach of  condition, breach of contract or negligence, strict tort or any other legal theory whether or not Hanna Service d.o.o. has been advised by the Purchaser of the possibility of such damage or loss.

 

9. PRECEDENCE OF THIS AGREEMENT

9.1. This Agreement contain the entire agreement between the parties and takes precedence and supersedes all other terms and conditions including but not limited to the Purchaser’s additional or different terms and conditions, to which notice of objection is hereby given, any previous communications, representations, or agreement by either party whether verbal or written.

9.2. Acceptance by Hanna Service d.o.o. of the Purchaser’s purchase order and/or the acceptance or use the Purchaser of the product (whether as an evaluation/test system or not) is subjected to this Agreement and Hanna service d.o.o.’s commencement of performance or delivery shall be deemed or construed as acceptance of the Purchaser’s additional or different terms and conditions.