General Conditions Sale

APPLICATION

These General Conditions of Sale apply to any sale of products or services made by BERGSTROM INC (hereinafter BERGSTROM). The placing of an order by a customer (hereinafter CUSTOMER) means the automatic acceptance without reservation of these GENERAL CONDITIONS OF SALE.

Any deviation from these GENERAL CONDITIONS OF SALE must be agreed between BERGSTROM and the CUSTOMER in writing.

PRICES AND ORDERS

Prices indicated in any BERGSTROM document such as price lists or offers do not include taxes.

Prices indicated in price lists are subject to change without notice. BERGSTROM will inform you of any changes as soon as possible.

BERGSTROM will only accept orders received by email or placed online at https://shop.bergstrominc.com/Default.

DELIVERY CONDITIONS

BERGSTROM makes the goods available to the CUSTOMER at its Bergstrom Distribution Center (Rockford, IL) and that all costs and risks from that moment on are for the CUSTOMER’s account. This applies even if DIRNA BERGSTROM organizes the transport and includes the transport costs in the invoice unless explicitly agreed otherwise.

Merchandise will only be insured upon written request.

The CUSTOMER must claim from the carrier any damage to the product and/or packaging, losses or delays occurring in transit.

PAYMENT CONDITIONS

Unless explicitly agreed otherwise, all goods are supplied against payment.

To open a credit account with BERGSTROM, the CUSTOMER must complete all the details on the ACCOUNT OPENING form, thereby agreeing to these GENERAL CONDITIONS OF SALE.

BERGSTROM reserves the right to carry out any investigations it deems appropriate to determine the financial solvency of the CUSTOMER. Based on this, BERGSTROM will define the maximum risk level for a given CUSTOMER. In the event that BERGSTROM grants a credit account to a CUSTOMER, the preferred payment period is 30 days from the invoice date.

NON-PAYMENTS AND RETENTION OF DOMAIN
Any non-payment will automatically result in the suspension of the Credit for any supply or service to be performed, without prejudice to any legal action that BERGSTROM may take. In the event of late payment, a surcharge of a minimum of 1% per month will be applied. Any other expenses resulting from non-payment will also be borne by the CUSTOMER.

BERGSTROM retains ownership of the products supplied to the CUSTOMER until the full payment of the corresponding amounts has been made and reserves the right to recover the products in the event of non-payment at any time. The costs incurred for this reason shall be borne by the CUSTOMER.

WARRANTY

Warranty Coverage
The warranty covers parts and materials with abnormal operation or manufacturing defects, including the replacement or repair of the part recognized as defective, according to the decision of BERGSTROM. The warranty does not in any case cover travel or gas charging expenses. It does not include labor for the replacement of parts, except for Systems (see next paragraph).

Warranty period depending on the type of product

• Electrified Systems and Service Parts (electric air conditioning equipment for the driver to rest in the cabin with the engine stopped): 12 months from the date of issue of the delivery note or invoice by BERGSTROM.

• Aftermarket Systems and Parts: On-Highway is 12 months or 100,00 miles and Off-Highway is 12 months or 1,500 hours from the date of issue of the delivery note or invoice by BERGSTROM.

• Bus Air Conditioning Systems and Service Parts: Systems are 36 months and Service Parts are 12 months from the date of issue of the delivery note or invoice by BERGSTROM..

Warranty Exclusion
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 any on-highway system in vehicles that are used off-road where the equipment is exposed to strong vibrations, shocks and inclinations, such as agricultural machinery, construction or mining vehicles and the like.

  • Use in saline or chemically aggressive environments.

  • Cleaning with high pressure devices and/or use of detergents.

• Making modifications or substitutions to the equipment without express authorization from BERGSTROM.

• Installation, manipulation or repair of the equipment or its components by personnel not authorized by BERGSTROM.

• Damage to equipment or its parts caused by unforeseen events, force majeure (including natural phenomena such as fires, storms, floods, etc.) and accidents.

• Lack of maintenance or inadequate or negligent maintenance.

• Purely aesthetic problems with equipment caused by the passage of time, without affecting its functionality.

• Cases of fraud or deceit.

The installer/seller is responsible to the customer or user that the installation has been carried out scrupulously following all the instructions contained in the equipment documentation for its assembly and that the user is provided with the completed warranty card and the equipment use and maintenance manual.

This warranty extends exclusively to the equipment and its parts, expressly excluding any type of compensation for damages.

Processing

For the management of both parts under warranty and returns, the CUSTOMER will contact Bergstrom’s Warranty Service to request the corresponding shipping authorization. The customer will necessarily send the part subject to the claim with postage paid to BERGSTROM, 2390 Blackhawk Road, Rockford, IL 61109, attaching said authorization in a visible place.

It is essential that before sending the part, the CUSTOMER ensures that he/she receives the authorization document from BERGSTROM. In addition, a photocopy of the Bergstrom delivery notes or invoice and the serial number of the equipment will be attached to the part and the observed defect will be described. Once the BERGSTROM Warranty Department accepts the guarantee, the part will be replaced FREE OF CHARGE. This may be the same repaired part or a new one, according to the criteria of the BERGSTROM Warranty Department. In the event that labor costs are included, BERGSTROM will issue the corresponding credit. Invoices from the CUSTOMER for this concept will not be accepted.

MATERIAL RETURN

Returns of material will only be accepted upon written acceptance by BERGSTROM. The CUSTOMER must fill out the “Shipping Authorization” form with all the required information and attach this printed form to the shipment. Returns that are not accompanied by this form will not be accepted.

In all cases, the CUSTOMER will not issue an invoice to be paid by BERGSTROM. Once the return has been accepted, the corresponding credit will be issued, from which at least 10% of the cost of the material will be deducted for verification and packaging.

JURISDICTIONAL JURISDICTION

Both BERGSTROM and the CLIENTS will be subject to the Courts and Tribunals of USA for the resolution of any dispute arising from the interpretation or execution of these General Conditions of Sale or the supplies made under them, expressly waiving their own jurisdiction if it were different.