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  1. General terms and conditions of sale of Water Purification EMEA

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General terms and conditions of sale of water purification emea

introduction

The General Terms and Conditions of Sale Europe appearing below govern the sale of goods and/or services sold or supplied by Pentair (Pentair Water Belgium BVBA, Pentair Water France SAS or Pentair Water Italy Srl) referred to herein as “Seller” while the purchaser is referred to herein as “Buyer”.  The parties agree that even if these General Terms and Conditions of Sale Europe do not accompany every product sold by Seller, these General Terms and Conditions of Sale Europe shall govern all sales made by Seller until such time as new terms and conditions are provided by Seller to Buyer.

ACCEPTANCE

An agreement is only concluded when an order is confirmed in writing by the Seller and containing (a reference to) these General Terms and Conditions of Sale Europe or when Seller and Buyer otherwise make an agreement in writing. Buyer’s order is only accepted upon the following terms and conditions. If the terms stated in Buyer’s order are inconsistent with these terms, this shall constitute a counteroffer and Buyer shall be deemed to have accepted Seller’s terms unless it notifies Seller to the contrary in writing within three (3) days after receiving Seller’s acknowledgment. These terms and conditions furthermore apply to any other agreement (whether in writing or otherwise) concluded between Seller and Buyer. No additions to or modifications of any of the terms and conditions hereof shall be effective unless made in writing and signed by both parties. These General Terms and Conditions of Sale Europe constitute the entire agreement between the Seller and Buyer for the purchase and sale of the goods and/or services identified on Seller’s acknowledgement of Buyer’s purchase order and supersede all other proposals and quotations.

OFFERS - QUOTATIONS OF PRICES

Unless explicitly stated on the offer to the contrary, all offers made by the Seller are in all respects free of obligation until the order is confirmed by Seller. All information that occurs in Sellers catalogues, prospectus, price lists and any other document are only given as information. The Seller or the manufacturer has the right to modify the products without previous notice.

MINIMUM ORDER

There is a 200€ or 250$ minimum order requirement; orders less than 200€ or 250$ will be charged a fee of 30€ or 40$ in addition to the order value.

DESCRIPTION OF PRODUCTS

The only specifications that are a part of the agreement are those specifications acknowledged in writing by Seller and if no such specification are acknowledged in writing Seller’s standard specifications (to be determined at its sole discretion) apply.

DELIVERY

Delivery date(s) proposed by Seller constitute only an estimate on the part of Seller and shall not in any event be binding. Unless explicitly agreed otherwise, the Buyer therefore may not cancel a delivery unilaterally due to non-observance of the date of delivery; nor can this give rise to any form of compensation. Unless explicitly agreed otherwise, the delivery is executed “ex-works Herentals (Belgium), warehouses of the Seller” or “ex-works Romentino (Italy), warehouses of the Seller” as the case may be for Buyers located within the Schengen area. Delivery to Buyers located outside the Schengen area are executed “FCA Herentals (Belgium), warehouses of the Seller” or “FCA Romentino (Italy), warehouses of the Seller” as the case may be. All deliveries include Seller’s standard packaging. Seller reserves the right to make partial shipments. In all circumstances the risk of the product transfers to the Buyer at the time of delivery, being the moment in time when the product is placed at the Buyer’s disposal in the Seller’s warehouse.

PRICES – TAXES

Unless explicitly agreed otherwise, all Seller’s prices are “ex-works Herentals (Belgium)” or “ex-works Romentino (Italy), warehouses of the Seller” as the case may be for Buyers located within the Schengen area, or “FCA Herentals (Belgium), warehouses of the Seller” or “FCA Romentino (Italy), warehouses of the Seller” as the case may be for Buyers located outside the Schengen area. Seller reserves the right to cancel or adjust prices and delivery without notice. All Seller’s prices are net prices, excluding taxes, charges, customs duties and all other duties that can be levied on the products.

LETTER OF CREDIT

In case sales agreements have to be executed with a L/C, the procedure of Pentair is applicable. The prescribed procedure can at all times be applied for at our administrative department.

PAYMENT – RETENTION OF TITLE

Payment terms are In Advance Payment (CIA) otherwise noted on the order. Remarks and restrictions with respect to the invoice and/or the general conditions mentioned on it must be made by registered mail containing grounds within 8 days of the invoice date. In case of non-payment on or before the stipulated due date, a conventional interest of 1.5% per month will be due on the invoice amount without notification de jure, from the stipulated due date. Every current month will be charged as a complete month. Moreover, the invoice amount will be increased with any collection charges incurred by the Seller (such as labor and administrative costs, administration and follow-up of the dossier, influences on the financial management, etc.). Such compensation is due in addition to the interest on overdue payments, the recoverable procedure costs and a possible compensation for material damage and loss of profit.
Cheques and bills are only valid as an instrument of payment when collected. Any costs involved are at the expense of the Buyer. Drawing and/or acceptance of bills or other negotiable documents do not imply novation and does not mean a deviation from the general conditions. The costs for accepting bills are for account of the Buyer.
In case of non-payment of an invoice by the Buyer, the Seller is entitled to postpone the execution of his other contractual obligations. All products that have not been fully paid remain entirely Seller’s property; in this case any paid advances will be used as compensation for expenses and loss of profit.
In case of default of payment the Seller is always entitled to withdraw the products from the Buyer. In such case the Seller will declare in advance and by registered mail the Buyer in default and grant a term of payment of seven days.

CANCELLATION

Subject to clause "PRODUCTS BUILT TO BUYER’S SPECIFICATION" of these terms and conditions, cancellation of orders by Buyer can only be made with Seller’s prior written consent. Buyer is responsible for all expenses incurred by Seller because of such cancellation, or a minimum cancellation charge of 25% of the order value, whichever is greater. Orders canceled less than 10 days prior to the scheduled delivery date shall be finished and billed at contract price.

PRODUCTS BUILT TO BUYER’S SPECIFICATION

Seller and Buyer may agree that Seller shall build products to Buyer’s specifications. If such is the case Seller and Buyer shall mutually agree in writing on the specific details (regarding for instance the specifications, minimum purchase requirements, prices, duration of the agreement etcetera) of such agreement. These General Terms and Conditions of Sale Europe remain however applicable to any such agreement. Furthermore Buyer shall – irrespective of such more specific agreement – always be responsible for all expenses incurred by Seller to comply with Buyer’s specification, such as, but not limited to expenses incurred for tooling (jigs, dies, tools, molds and patterns), expenses related to ordering of raw materials, components or other parts and any other commitments entered into by Seller; even during the preparatory phase when no firm order is placed yet by Buyer. Buyer is not entitled to cancel any single order for such customized products without Seller’s prior written consent and always only under the obligation to fully reimburse the Seller for all expenses incurred by Seller related to the order and the cancellation thereof. Buyer shall furthermore be obliged to purchase and pay for all customized products that are produced by Seller in accordance with the separate agreement or as produced by Seller at its sole reasonable determination in case of absence of such separate agreement.

TOOLING

Unless specifically provided in a writing executed by the Seller and the Buyer, any equipment (including, but not limited to,  jigs, dies, tools, molds and patterns) made for the manufacture of customer specified products shall be, and remain, the sole property of Seller notwithstanding that Buyer may have been charged for all or part of the cost therefore.

ENGINEERING – DESIGN – INTELLECTUAL PROPERTY

Seller reserves the right to make design, specification and/or engineering changes to its products without prior notification to Buyer. Title to, and full and unrestricted ownership and right to use all designs, specifications and engineering information provided by Seller shall at all times be and remain vested in Seller. Pentair has not verified the possible existence of third party intellectual property rights which might be infringed as a consequence of the sale and delivery of the products and Pentair shall not be held liable for any loss or damages in that respect. Buyer expressly assumes all risks of any intellectual property infringement by reason of its importation and/ or use of the products.

TRADE COMPLIANCE

Notwithstanding any other provision in the purchase order or these General Terms and Conditions of Sale Europe to the contrary, Buyer agrees that it will not sell, re-export or transfer any products or technical information or services supplied by Seller to Buyer to IRAN, NORTH KOREA, SYRIA, CUBA and NORTH SUDAN, including any entities or persons in those countries, either directly or indirectly (hereinafter: “Seller’s Position”). If the shipment of the products by Seller to Buyer is in breach of the export laws of the EU, the United States, any other applicable jurisdiction, any other international authority or Seller’s Position, or if Buyer within 7 days after request of Seller does not provide any information about the ultimate destination and the identity of the end user, Seller has the right to terminate the agreement with immediate effect without Buyer being entitled to any compensation.

FORCE MAJEURE

In case of force majeure the delivery commitments and other obligations of the Seller are suspended. In this case Seller is only obliged to deliver as soon as it becomes possible. Neither party shall have any liability to the other in case of force majeure. For the purpose of this agreement force majeure means: unforeseen circumstances concerning persons and/or materials which render the execution of the agreement impossible for the Seller, or so extremely difficult or expensive that a prompt observance of the present contract cannot be demanded of the Seller. As such circumstances are considered amongst others, but not limited: measures taken by the government, breakdowns, traffic and/or transport problems, disturbances in the delivery of finished products, raw materials and/or auxiliaries, strikes, lock-outs, hindrances by third persons, for both parties unforeseen technical complications, etc.

TERMINATION

If the Buyer fails to pay the invoices or to take delivery of the products or gives evidence of insolvency, such as bankruptcy, legal and extra-legal consent, settlement, payment by uncovered cheques, protest, etc. the Seller is entitled to suspend the execution of its commitments or to terminate the agreement unilaterally and without notification, by registered mail, without judicial intercession and without detracting from its rights to compensation.

LANGUAGE

The legally valid form of the present General Terms and Conditions of Sale Europe shall be the English language version.

OUR WARRANTY OBLIGATIONS

Should a material defect in workmanship or materials in Products or Parts covered by this warranty become evident during the applicable warranty period, then as our sole obligation and in full satisfaction of any warranty claim, we will issue a Credit Note (CN) in the amount of your original purchase price of the Product or Part, or, at our option, repair or replace the defective Product or Part (we will consider, in good faith, Purchaser preference in determining whether to issue a credit or repair or replace). The burden of proof of any manufacturing faults lies with the buyer.
The warranty is valid only if the goods are provided with their original label of identification with which they were shipped from Pentair locations. Should this not be available (removed, illegible) any arrangement will have to be discussed and agreed with your Pentair correspondent. The terms of this warranty are subject to the mandatory laws and regulations of the country in which the Product or Part was purchased.

WARRANTY OBLIGATIONS GRANTED BY PENTAIR EUROPE

  • Once activated on Scan&Service App, the warranty extension will start immediately and will last for the following period:
  • If not activated, the warranty will start on the shipment day for the following period:


EXCLUSIONS FROM WARRANTY

  1. Defects not reported to us within the applicable warranty period;
  2. Membrane fouling or scaling;
  3. Any items manufactured by other companies and clearly identified as such. Such items may carry warranties offered by the original manufacturers, This included any service Parts used that are manufactured by other companies, including but not limited to, motors, pistons, seal kits, spacer kits, bypass valves, brine connections & devices, or any other non-Pentair Parts;
  4. Problems resulting from failure to comply with installation, operation or maintenance instructions or drawings, or improper installation, operation or maintenance;
  5. Damage caused by acts of nature or problems resulting from abuse, misuse, negligence or accident;
  6. Problems resulting in whole or in part from alteration, modification or attempted repair of these Products or Parts by any party other than us or a party we have approved in writing;
  7. Damage or failure of a Product or Part caused by friction, wear, chemical attack, or debris build-up on Wear Parts. “Wear Parts” include, but are not limited to : pistons, piston rods, seals, spacers, end cap quad rings, and brine valves on all piston operated valves, as well as valve disk flappers on Autotrol valves, and parts requiring replacement under recommended maintenance procedures, such as filter housing O-rings and gaskets:
  8. Valves exposed to excessive levels of the following list of contaminants require maintenance as part of a yearly service schedule:
    • Ozone: > 0.0 mg/l
    • Chlorine or chloramines: > 4mg/l
    • Hydrogen Sulfide
    • pH: < 6 or > 9
    • Iron: in concentrations sufficient to cause scuffing on piston and seal surfaces
    • Manganese: in concentrations sufficient to cause scuffing on piston and seal surfaces
    • Sand and Suspended Solids: in concentrations sufficient to cause scuffing on piston and seal surfaces;
  9. Due to water conditions, some Products or Parts may require maintenance or cleaning during the warranty period. Products or Parts returned due to debris build up, including, but not limited to, plugged filters, are not covered under this warranty;
  10. Noncompliance with applicable codes, and ordinances including without limitation, plumbing codes;
  11. Damage due to impacts, corrosive liquids, gases, or chemicals;
  12. Damage due to hydro-pneumatic or pneumatic use;
  13. Labor to install warranted parts and trip charges including mileage are the responsibility of the system owner;
  14. Any damage cause by parts or materials

PROCEDURE FOR OBTAINING WARRANTY

We extend warranties solely to direct transactional customers of PENTAIR EUROPE. All secondary customers of these Products and Parts must submit warranty claims with their direct suppliers.
In order to obtain the benefits of this Limited Warranty, defective Products or Parts must be returned to us as soon as possible after discovery of the material defect, but in no event later than the expiration date of the warranty period provided in this Limited Warranty.
For Product or Part warranty claims that include property damage or bodily injury, you shall notify us of such claim and we shall work directly with the end user to remedy and settle any such claims in our sole discretion. You shall not, under any circumstances, settle any Product or Part warranty claim involving bodily injury or property damage without our written consent to do so.

PROCEDURE OF THE RETURN

No goods may be forwarded back to Pentair Europe without the prior written authorization by the latter, so called Return Material Authorization (RMA). This authorization does not imply any liability, whether direct or indirect, apparent or hidden, of Pentair Europe and does not suspend in any event the payment owed by the Purchaser at the date they are due. Upon receipt of the written authorization by Pentair Europe specifying also the address to which the defective item/s may be shipped, the Purchaser will send the item/s to the address indicated together with a copy of the RMA received by Pentair Europe. This need to be applied externally on the box or supplied with the shipping documents. In case of requests of RMA for returns of new, non-defective material due to mistakes of Pentair Europe or of the Purchaser the RMA will have to be asked within 60 days from the receipt of the good and sent back within 30 days from the receipt of the RMA. In case of requests of RMA for returns of defective material (under or out of warranty) the RMA can be asked at any time and the item(s) returned within 30 days. Return that is made after these time limits will not be allowed and the goods will be returned to the Purchaser at the Purchaser’s expense.

We are not responsible under this Limited Warranty for any cost of shipping or transportation incurred in connection with the return of the Product or Part. Product returned in a manner that does not ensure integrity during shipment may not be covered by warranty.

The required form to fill in a request of authorization to return products is to be found at the end of this section.

CONDITIONS OF THE RETURN: NON-DEFECTIVE PRODUCTS (limited to excess stock, erroneous order/delivery)

When not returned for defective operation, the product should be returned undamaged, clean and in original packaging to fulfill the conditions of refunding. Only standard active products will be accepted for refunding. Parts detached from finished goods, non-active products or products that are not in their original packaging are not subject to refunding.

Different levels of refunding are possible, depending on the reason for return, the product status and the modalities of return:

  •  The RMA (Return Merchandise Authorization) has been sent within 60 days of the receipt of goods:
    • Products have been wrongly sent by Pentair : The transport costs that could occur during the products shipment are at Pentair’s expense. Nevertheless Pentair will select the forwarder. The amount credited by Pentair will reach 100% of the returned materials and transport costs.
    • Products have been wrongly ordered by Purchaser: The transport costs that could occur during the products shipment are at Purchaser’s expense. The quantity of goods acceptable for return and credit will be determined by Pentair depending on the possibility to resell them. The maximum refund amount is 75% net for products with a normal turnaround of 3 months. The CN will be issued upon receipt of the goods in good shape. For CN under 200 Euro a 30 Euro fee will be applied.
  • The RMA (Return Merchandise Authorization) has not been sent within 60 days of the receipt of goods OR Excess stock return request:

A return request can be submitted maximum 2 years after the date of purchase. Part Number (PN) concerned and invoice or sales document number referring to the purchase need to be provided. The transport costs that could occur during the products shipment are at Purchaser’s expense.

The quantity of goods acceptable for return and credit will be determined by Pentair depending on the possibility to resell them. The maximum refund amount is 50% net for products with a normal turnaround of 3 months or 25% for a 6 months turnaround. The CN will be issued upon receipt of the goods in good shape. For CN under 1000 Euro a 30 Euro charge will be applied.

NO OTHER WARRANTIES

To the extent permitted by applicable law, PENTAIR EUROPE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, with regard to the Product(s), Part(s) and any accompanying written materials. This limited warranty gives you specific legal rights. You may have others which vary from state to state.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the extent permitted by applicable law, in no event shall PENTAIR EUROPE be liable for any damages whatsoever, including without limitation, loss of time, inconvenience, expenses such as telephone calls, labor or material charges incurred in connection with the removal or replacement of the Product(s) or Part(s), special, incidental, consequential, or indirect damages for bodily injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss, arising out of the use of or inability to use the defective Product(s) or Part(s), even where advised of the possibility of such damages. In any case, PENTAIR EUROPE’s entire liability under any provision of this Limited Warranty shall be limited to the amount actually paid for the Product(s) or Part(s).

OTHER RIGHTS

This warranty gives you specific legal rights as above described. In addition, consumer’s rights are protected where applicable, following European Directives or, in absence of, National laws.

WARRANTIES OR REPRESENTATIONS BY OTHERS

No dealer or other person has any authority to make any different warranties or representations concerning Pentair Europe Products. Accordingly, Neither Pentair Europe nor any of its entities are to be held responsible for any such warranties or representation.

APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale Europe, as well as every agreement which is subject to the provisions thereof, shall be exclusively governed and must be construed interpreted and enforced according to Swiss law, excluding principles of conflict of laws. The applicability of the United Nations Convention on Contracts for International Sale of Goods is excluded as well. Any disputes which may arise from these General Terms and Conditions of Sale Europe and/or the agreement which is subject to them shall be submitted solely to the competent court in the judicial district of Lausanne and the relevant court(s) of appeal.

MISCELLANEOUS

If a court of law finds that any of the provisions hereof is in conflict with any applicable statutory provision, the remaining provisions shall nonetheless remain in full force and effect. The invalid provision shall in that case be deemed to have been replaced by a similar, legally enforceable provision which approximates the purpose and intent of the invalid provision as closely as possible. The headings contained herein are included for mere convenience of reference and shall not affect their construction or interpretation.

The PDF multilingual version is available here: General terms and conditions of sale of Water Purification EMEA

Conformity certifications

Please find below the certifications for some of our product families. Please note that this list is not an exhaustive list of all our certifications. In case of need for more information please contact us.

CE

 

acs

 

DM174

Corporate governance

Privacy policy

Terms of use