General terms and conditions of sale

APPLICATION

These General Conditions of Sale apply to any sale of products or services carried out by DIRNA BERGSTROM, S.L. (hereinafter DIRNA BERGSTROM). The placing of an order by a customer (hereinafter referred to as the 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 DIRNA BERGSTROM and the CUSTOMER in writing.

PRICES AND ORDERING

The prices indicated in any DIRNA BERGSTROM documents such as price lists or offers do not include VAT.

Prices shown in price lists are subject to change without notice. DIRNA BERGSTROM shall inform of any changes as soon as possible.

DIRNA BERGSTROM will only accept orders received by e-mail.

DELIVERY CONDITIONS:

The delivery condition of the goods is Ex Works (EXW, according to INCOTERMS® 2020 of the International Chamber of Commerce ICC). This means that DIRNA BERGSTROM makes the goods available to the CUSTOMER at its factory in Alcalá de Henares (Madrid, Spain) and that all costs and risks from that moment onwards are for the account of the CUSTOMER. This applies, even if DIRNA BERGSTROM organises the transport and includes the transport costs in the invoice unless explicitly agreed otherwise.

The goods shall only be insured on written request.

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

PAYMENT CONDITIONS:

Unless explicitly agreed otherwise, all goods shall be delivered against payment.

In order to open a credit account with DIRNA BERGSTROM, it is necessary for the CUSTOMER to fill in all the details on the OPENING AN ACCOUNT form, thereby agreeing to these GENERAL CONDITIONS OF SALE.

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

UNPAID DEBTS AND RETENTION OF TITLE

Any non-payment will automatically generate the suspension of the Credit for any supply or service to be carried out, without prejudice to any legal action that DIRNA BERGSTROM may take. In case of late payment a surcharge of a minimum of 1% per month is applied. Any other costs arising from non-payment shall also be borne by the CUSTOMER.

DIRNA BERGSTROM retains ownership of the products supplied to the CUSTOMER until full payment of the corresponding amounts and reserves the right to repossess the products in the event of non-payment at any due date. Any costs incurred for this reason shall be borne by the CUSTOMER.

WARRANTY

Warranty protection

The warranty covers parts and materials with abnormal functioning or manufacturing defects, as determined by DIRNA BERGSTROM, including the replacement or repair of the part deemed defective. Under no circumstances does the warranty cover travel expenses or gas charging. It does not include labour for the replacement of parts, except for Parking Cooler equipment (see next paragraph).

Warranty period according to product type

  • Parking Cooler equipment (electric air conditioning equipment for the driver's rest in the cab when the engine is not running): 24 months from the date of issue of DIRNA BERGSTROM'S delivery note or invoice. Only Parking Cooler equipment includes the labour cost for the replacement of the part. Only and exclusively the time indicated in the repair time table in force and the hourly rate defined by Dirna Bergstrom applies. It does not include travel expenses.
  • Special electric air-conditioning equipment (with compressor motor): 12 months from the date of issue of DIRNA BERGSTROM'S delivery note or invoice. Labour, transport and travel costs are not included.
  • Components and kits of various air conditioning components (such as evaporators, condensers, heaters, evaporator and condenser kits, T-range products): 12 months from the date of issue of DIRNA BERGSTROM'S delivery note or invoice. Labour, transport and travel costs are not included.
  • Spare parts and Fittings: 90 dates from the date of issue of DIRNA BERGSTROM'S delivery note or invoice.

    • In all cases, acceptance of the warranty is subject to approval by DIRNA BERGSTROM'S Technical Department.

    Exclusion of warranty

    The warranty shall not apply in the following cases:

  • Improper or negligent use of equipment. In particular the warranty does not cover the following applications (non-exclusive list):
  • Use of Parking Cooler units (models such as the Compact, SlimFIT, LITE, Dinamic) on off-road vehicles where the devices are exposed to vibrations, knocks and tilting, e.g. agricultural machinery, construction or mining vehicles and similar.
  • Use in saline or chemically aggressive environments.
  • Cleaning with high pressure devices and/or use of detergents.
  • Carrying out modifications or replacements to the equipment without the express authorisation of DIRNA BERGSTROM.
  • Installation, manipulation or repair of the equipment or its components by personnel not authorised by DIRNA BERGSTROM.
  • Damage to the equipment or its parts caused by acts of God, force majeure (including natural phenomena such as fires, storms, floods, etc.) and accidents.
  • Lack of maintenance or inadequate or negligent maintenance.
  • Purely cosmetic damages to the equipment, caused by the passage of time, without affecting its functionality.
  • Cases of malice or fraud.

    • The installer/vendor is responsible to the customer or user for ensuring that the installation has been carried out in strict compliance with all the instructions contained in the equipment documentation for its assembly and that the user is given the completed warranty form and the equipment's use and maintenance manual.

    This warranty extends exclusively to the equipment and its parts, and any claims for damages are expressly excluded.

    Processing

    The CUSTOMER shall contact Dirna Bergstrom's Technical Service to request the corresponding shipping authorisation for parts under warranty and returns. The customer shall send the part that is the subject of the complaint, carriage paid, to DIRNA BERGSTROM, c/ Francisco Alonso, 6, E-28806 Alcalá de Henares (MADRID, Spain), enclosing the said authorisation in a visible place.

    It is essential that before sending the part, the CUSTOMER ensures that they receive the authorisation document from DIRNA BERGSTROM. In addition, a photocopy of the Dirna Bergstrom delivery note or invoice and serial number of the equipment shall be attached to the part and a description of the observed defect shall be provided. Once DIRNA BERGSTROM'S Technical Department accepts the warranty, the part will be replaced FREE OF CHARGE. This may be the same part repaired or a new one, at the discretion of DIRNA BERGSTROM'S Technical Department. If labour costs are included, DIRNA BERGSTROM shall issue a corresponding credit note. Invoices from the CUSTOMER will not be accepted for this concept.

    RETURNS POLICY

    Returned goods will only be accepted after written acceptance by DIRNA BERGSTROM. The CUSTOMER must fill in the "Shipping Authorisation" form with all the required data and attach this printed form to the shipment. Returns will not be accepted unless accompanied by this form.

    In all cases the CUSTOMER shall refrain from issuing an invoice payable by DIRNA BERGSTROM. Once the return has been accepted, the corresponding credit note will be issued, from which at least 10% of the amount of the material will be deducted for verification and packaging.

    JURISDICTION

    Both DIRNA BERGSTROM and the CUSTOMERS shall submit to the Courts and Tribunals of Madrid for the resolution of any controversy arising from the interpretation or execution of these General Conditions of Sale or the supplies concluded under the protection of the same, expressly waiving their own jurisdiction if different.