GENERAL SALES TERMS
INTRODUCTION TO THE CONDITIONS
These conditions and terms of sale apply to all the purchases of Roger Technology and Roger Brushless brand products made directly from Roger Technology S.r.l., a company with its registered office in Mogliano Veneto, Via Botticelli 8, 31021, Treviso, Italy, VAT number 01612340263.
These conditions of sale replace all previous conditions.
All sales to the customer must be regulated by these conditions of sale as they are an integral part of the contract of sale and replace and cancel any opposite or different clause of specific agreement included in any document coming from the customer.
Moreover, Roger Technology S.r.l. (“Roger Technology” or “Roger”) reserves the right to make changes to its products with no prior notice, without the customer being able to lodge any claim.
Roger Technology reserves the right to fully or partially accept or refuse the customer's orders at the absolute discretion of Roger Technology, without the customer being able to lodge any claim.
The products are sold by Roger Technology with reference to the price list in force when the order or relative delivery date is confirmed. The customer undertakes to accept any price list variations occurring between product order and delivery without reserve. The price list in force replaces and cancels all previous price lists. All list prices are always ex works VAT excluded. The information and prices in the price list may change at any moment, at the complete discretion and decision of Roger Technology.
All products are delivered ex works Roger Technology s.r.l. situated in the municipality of Mogliano Veneto - TV – Italy. All the delivery terms refer solely to those indicated in the order confirmations which must be considered indicative and without commitment. Any delay does not give the customer the right to request full or even partial termination of the contract, to refuse delivery or request compensation for damages. The delivery obligation is fulfilled with the written communication to the customer from Roger Technology notifying “goods ready”. Roger Technology s.r.l. reserves the right to extend the delivery terms or terminate the supply agreement with no compensation obligation in all force majeure circumstances such as atmospheric occurrences, earthquakes, strikes. fires, impossibility to procure raw materials, wrong notification or customer delays in transmitting the indications needed for the order and non-compliance with terms of payment by the customer, or other event that does not depend on Roger Technology.
SHIPMENT AND COLLECTION OF PRODUCTS
Delivery is considered as having taken place with the written “goods ready” notice to the customer. The transport and relative insurance costs are the liability of the customer.
If, in virtue of a specific agreement, Roger Technology undertakes to ship the goods to the central warehouse of the customer or to destinations indicated by the customer itself, the goods shipped will not be insured. Therefore, all related risks remain the customer's liability. If the customer should want to insure the goods, it will do so at its own expense, at its risk and must notify Roger Technology in writing well in advance.
The customer is obliged to collect the goods no later than 12 days from receiving the “goods ready” notice or any other type of activity or communication. If the customer should be late collecting the goods, Roger Technology shall have the right to ask not only for full payment of the price, but also a refund for storage, stay and custody costs, without prejudice to compensation for damages. From the “goods ready” notice the risk for any event is transferred to the customer.
1. All the products are carefully checked and tested by Roger Technology, in order to ensure there are no flaws or manufacturing defects or from the raw materials used.
2. Roger Technology provides its customers with a guarantee, within the terms and limits set forth in this agreement. Any extensions to the guarantee terms or additional guarantee elements offered by the customer shall be the liability of the customer itself, without any possibility for recourse against Roger Technology.
3. The guarantee is limited to repairing or fully or partially replacing the product solely if a defect in material used or a production defect should be acknowledged.
4. The repairs or replacement do not extend the guarantee period.
5. The product deemed defective will be assessed in the Roger Technology facilities and at the unquestionable discretion of Roger Technology.
6. Any authorisation to return the goods with presumed flaws or defects shall not be considered de facto acknowledgement of the presence of flaws or defects.
7. All the parts or products replaced during repairs always remain the property of Roger Technology.
8. The Roger Technology guarantee is valid under the following terms from the fabrication date affixed to the product itself:
- 60 (Sixty) months guarantee on flaws and defects solely for the stator and rotor of the brushless digital motors.
- 36 (Thirty-six) months guarantee on flaws and defects for the mechanical parts.
- 24 (Twenty-four) months guarantee on flaws and defects for the electronic parts.
9. Any report of flaws or defects does not give the customer the right to suspend, delay or not make the payments of the price due for the products delivered.
10. This Guarantee does not apply to:
- a. Consumable parts such as batteries, protective coatings, bearings, springs, cogs, worm screws or, in any case, elements that deteriorate over time, except for material or manufacturing defects.
- b. Aesthetic defects, including, merely as an example, scratches, varnishing, dents or broken plastic parts, except for material or manufacturing defects.
- c. Damage caused by use with third party parts or products that do not comply with Roger Technology product specifications.
- d. Damage resulting from the connection, association or interaction of its products with others not supplied by Roger Technology.
- e. Damage resulting from non compliance with assembly instructions or for electric connections or electric regulations and other specific rules in force at the time of installation.
- f. Accidental damage or resulting from product transport, improper or incorrect use, fire, contact with a liquid, floods, earthquake or from other external causes.
- g. Damages from assistance (including upgrades or expansions) not carried out by Roger Technology.
COMPLAINTS AND PRODUCT DEFECTIVENESS
Any disputes over lack of goods or for breakage or visible defects from an external examination of boxes must be detected as soon as the goods are received and, in any case, notified to Roger Technology no later than 7 days from delivery by written note or photographic documentation which must be accompanied by the relative documentation, Delivery Note for EEC countries and accompanying invoice for non EEC countries. Everything must be sent to Roger Technology at the e-mail address firstname.lastname@example.org.
Any product deformities or flaws detected must be notified to Roger Technology within 10 days from the goods reception date c/o the location indicated by the customer. The communication may be sent by e-mail to the address email@example.com with relative documents attached.
The goods may not be returned without the prior written consent of Roger Technology. Moreover, any type of complaint cannot lead to the full or partial cancellation of the order and not even the delay or suspension of payment which must always be made in full.
TRANSFER OF OWNERSHIP
Roger Technology reserves the right to ownership of the goods sold until they have been paid for in full: It is therefore agreed that transfer of ownership for the Products sold and of orders shall take place at the same time as the full payment of the sales invoices issued. If payment should not be made, Roger Technology may take immediate repossession of products sold wherever they are.
CONDITIONS OF PAYMENT
All payments must be made solely to Roger Technology, to the bank details agreed with the customer. If the customer should not comply with the payment terms agreed by the Parties, Roger Technology may debit interest for late payment on commercial credits to the extent currently regulated by Legislative Decree no. 231/ 2002 or the one that could regulate the subject; with no need for communication or a formal notice. If payments should be due in several instalments, or advances should be foreseen and in general with late payment of a due date agreed by the customer, Roger Technology may suspend executing the order or subsequent and further orders. Payments, even with a different motive indicated by the customer, may in any case be attributed to the long term outstanding invoices. Roger Technology may also suspend execution of orders if there is a substantial change in the structure and/or corporate structure of the customer, and in cases with a high number of protests, pending executive or bankruptcy procedures, payment injunctions issued, deferred suspensions or delays in fulfilling obligations with creditors. In any total non-payment, the sale may be terminated by full right at any time with a simple written notice from Roger Technology to the customer availing itself of this clause and with no need for any judicial form. All the goods delivered and not paid for must be returned to Roger Technology by Roger Technology vehicles or those of third party transporters, at the customer's expense.
The customer acknowledges that Roger Technology is the sole owner of the Trademarks and of any other industrial and intellectual property right to the products and to catalogues, brochures, internet communication and any other related material and documentation. Any resulting goodwill is the sole property of Roger Technology. The customer is fully aware that the Roger Technology products are covered by patents and the purpose of industrial and design technology that is the sole property of Roger Technology. The customer is expressly forbidden to violate the rights of Roger Technology or, in any case, to remove, suppress or alter trademarks or other distinctive signs affixed to the products or to add new ones of any kind. Except with written authorisation from Roger Technology, any form of reproduction or use of the Roger Technology trademark or any other distinctive mark present on the products is forbidden.
In the appropriate documents, the Roger Technology products contain the data needed to identify the approvals obtained. Knowledge and compliance with any regulations disciplining the use of the Radio Controls and the equipment is an expense that is the liability of the installer and the user performing the installation.
On signing the contract or the order confirmation the customer accepts these conditions of sale. Any amendment to them must be signed by Roger Technology before stipulation of the order which is, in any case, valid for each single order.
Treviso Court of Law shall have sole jurisdiction over any dispute arising during the performance of the contract or single contracts of sale regulated by it.