General Conditions of Sale
Application
These General Conditions of Sale apply to any sale of products or services made by DIRNA BERGSTROM, S.L. (hereinafter DIRNA BERGSTROM). The placement of an order by any client (hereinafter CLIENT) signifies automatic acceptance without reservation of these GENERAL CONDITIONS OF SALE.
Any deviation from these GENERAL CONDITIONS OF SALE must be agreed upon in writing between DIRNA BERGSTROM and the CLIENT.
Prices and Orders
The prices indicated in any document of DIRNA BERGSTROM such as price lists or offers do not include VAT.
Prices indicated in price lists are subject to change without prior notice. DIRNA BERGSTROM will inform about any modification as soon as possible.
DIRNA BERGSTROM only accepts orders received by email.
Delivery Conditions
The delivery condition of the merchandise is Ex Works (EXW, according to INCOTERMS® 2020 of the International Chamber of Commerce ICC). This means that DIRNA BERGSTROM makes the merchandise available to the CLIENT at its factory in Alcalá de Henares (Madrid, Spain), and all expenses and risks from that moment on are borne by the CLIENT. This applies even if DIRNA BERGSTROM organizes transportation and includes transportation costs on the invoice unless explicitly agreed otherwise.
The merchandise will only be insured upon written request.
The CLIENT must claim any product and/or packaging damages, losses, or delays occurring in transit from the carrier.
Payment Conditions
Unless explicitly agreed otherwise, all merchandise is supplied upon payment.
To open a credit account with DIRNA BERGSTROM, the CLIENT must complete all data on the ACCOUNT OPENING form, thereby agreeing to these GENERAL CONDITIONS OF SALE.
DIRNA BERGSTROM reserves the right to conduct investigations deemed necessary to assess the financial solvency of the CLIENT. Based on this, DIRNA BERGSTROM will define the maximum risk level for a given customer. If DIRNA BERGSTROM grants a credit account to a CLIENT, the preferred payment term is 30 days from the date of the invoice.
Unpaid and Retention of Title
Any non-payment will automatically result in the suspension of credit for any supply or service to be provided, without prejudice to any legal actions DIRNA BERGSTROM may take. In case of payment delay, a minimum surcharge of 1% per month applies. Any other expenses arising from non-payment are also borne by the CLIENT.
DIRNA BERGSTROM retains ownership of the products supplied to the CLIENT until full payment of the corresponding amounts and reserves the right to recover the products in case of non-payment at any maturity. The expenses incurred for this reason will be borne by the CLIENT.
Warranty
Warranty Coverage
The warranty covers parts and materials with abnormal operation or manufacturing defects, including replacement or repair of the recognized defective part, as decided by DIRNA BERGSTROM. The warranty does not cover any travel expenses or gas charging. It does not include the labour for part replacement, except for Parking Cooler units (see next paragraph).
Warranty Period based on Product Type
- Parking Cooler units (electric air conditioning units for driver rest in stationary motor cabins): 24 months from the date of issue of delivery note or invoice from DIRNA BERGSTROM.
- Only for Parking Cooler units, the labour cost for part replacement is included. Only the time indicated in the current repair time table and the hourly rate defined by Dirna Bergstrom are applicable. It does not include travel or transportation expenses.
Special electric air conditioning units (with motor-compressor): 12 months from the date of issue of delivery note or invoice from DIRNA BERGSTROM. It does not include labour, travel, or transportation expenses. - Air conditioning components and kits of various air conditioning components (such as evaporators, condensers, heaters, evaporator and condenser kits, products from the T range): 12 months from the date of issue of delivery note or invoice from DIRNA BERGSTROM. It does not include labour, travel, or transportation expenses.
- Spare parts and fittings: 90 days from the date of issue of delivery note or invoice from DIRNA BERGSTROM.
In all cases, warranty acceptance is subject to approval by the Technical Department of DIRNA BERGSTROM.
Exclusion from Warranty
The warranty will not be valid in the following cases:
- Improper or negligent use of the equipment. In particular, the warranty does not cover the following applications (non-exclusive list):
- Use of Parking Cooler units (models such as Compact, SlimFIT, LITE, Dinamic) in vehicles that travel off-road where the devices are exposed to vibrations, shocks, and strong inclines, such as agricultural machinery, construction vehicles, or mining vehicles, and similar.
- Use in saline or chemically aggressive environments.
- Cleaning with high-pressure devices and/or use of detergents.
- Modifications or replacements in the equipment without express authorization from DIRNA BERGSTROM.
- Installation, handling, or repair of the equipment or its components by personnel not authorized by DIRNA BERGSTROM.
- Effects on the equipment or its parts caused by fortuitous events, force majeure (including natural phenomena such as fires, storms, floods, etc.), and accidents.
- Lack of maintenance or inadequate or negligent maintenance.
- Purely aesthetic conditions in the equipment, caused by the passage of time, without affecting its functionality.
- Cases of fraud or deception.
The installer/seller is responsible to the customer or user that the installation has been carried out scrupulously following all the instructions in the equipment documentation for assembly and that the completed warranty form and the equipment’s user and maintenance manual are delivered to the user.
This warranty extends exclusively to the equipment and its parts, expressly excluding the satisfaction of any kind of compensation for damages and losses.
Processing
For both warranty parts and returns management, the CUSTOMER will contact the Technical Service of Dirna Bergstrom to request the corresponding shipping authorization. The customer will send the claimed part necessarily prepaid to DIRNA BERGSTROM, c/ Francisco Alonso, 6, E-28806 Alcalá de Henares (MADRID, Spain), attaching said authorization in a visible place.
It is essential that before sending the part, the CUSTOMER ensures receiving the authorization document from DIRNA BERGSTROM. In addition, a photocopy of the Dirna Bergstrom delivery note or invoice and the equipment serial number will be attached to the part, describing the observed defect. Once the Technical Department of DIRNA BERGSTROM accepts the warranty, the part will be replaced FREE OF CHARGE. This may be the same repaired part or a new one, at the discretion of the Technical Department of DIRNA BERGSTROM. In the event that labour costs are included, DIRNA BERGSTROM will issue the corresponding refund. Invoices from the CUSTOMER for this purpose will not be accepted.
Return of Material
Material returns will only be accepted with prior written acceptance by DIRNA BERGSTROM. The CLIENT must complete the “Shipping Authorization” form with all the required data and attach this printed form to the shipment. Returns not accompanied by this form will not be accepted.
In all cases, the CUSTOMER shall refrain from invoicing DIRNA BERGSTROM. Upon acceptance of the return, the corresponding credit note will be issued, from which a minimum of 10% of the material amount will be deducted for verification and packaging.
JURISDICTION
Both DIRNA BERGSTROM and the CUSTOMERS shall submit to the Courts and Tribunals of Madrid to resolve any dispute arising from the interpretation or execution of these General Sales Conditions or the supplies made under them, expressly waiving their own jurisdiction if different.