TERMS & CONDITIONS
By making a purchase from DUNEL, you are agreeing to the following “Dunel Terms & Conditions of sale”.
1. Payment Terms. Unless agreed separately in writing, payment is to be made 50% with the order and 50% before shipment by Check, Money Order, or Wire Transfer or 100% by Credit card. In those cases where DUNEL, in it’s sole discretion, allows credit terms, payment shall be made within 30 days of date of shipment, or on other terms mutually agreed upon. All sales are final after 30 days from shipment date. Orders from other countries the full pre-payment is requested with the order. DUNEL reserves the right to not selling to countries with who EURO COUNTRIES has economical restrictions.
2. Shipping. All Products are shipped FOB Porto – Portugal, or Ex Works in the case of customers from outside Portugal. Orders are shipped by UPS, DHL or FEDEX. Individual pieces of equipment that weigh in excess of 150 lbs. will be shipped freight collect by a carrier at our discretion with previous estimate to receive accordance from the customers. Products must be insured by customers. All shipments should be inspected immediately after arriving to destination. If there is damage to the shipment, need the carrier to make a written note of the damage. All damage claims must be filed by the consignee. DUNEL will do everything possible to aid in this process, however, our responsibility ceases when the carrier signs the bill of lading acknowledging they have received the merchandise in good condition.
3. Warranty for Equipment. We warranty all equipment to be free from material defects in workmanship or materials for a period of 1 year from date of shipment (extended for more one year with charge). If at any time within this year after shipment the equipment does not function as warranted, return it and we will repair or replace it without charge. If, within 30 days after shipment, the equipment does not function as warranted, we will pay shipping charges to return the equipment to us for repair or replacement. After 30 days, you pay shipping costs to return the equipment to us. In the case of extended warranty the customer need to pay only the shipment.
If any product is subject to federal or state consumer warranty laws, our statement of limited warranty included with the product applies in place of these warranties. Misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you or failure caused by an item for which we are not responsible may void these warranties. This warranty replaces any other warranty, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. DUNEL has a period of 2 up to 5 days for diagnosis of the equipment onsite and up to 30 days for repair.
4. Support for Equipment. DUNEL extends a lifetime support plan on all its equipment. This support plan only covers original equipment purchased directly from DUNEL, and does not include equipment purchased from a reseller or third party. Our lifetime support plan covers any questions an end user may have that deals with the operational ability of the test equipment and it’s original operating system. Support is made available via telephone, facsimile, electronic mail, or world wide web. Onsite support is not included in our Lifetime Support Plan. DUNEL does not include in this support consulting about methods of Test and International Standards. All information about Standards the customer need to buy from a specialized Certification Org. Ex. IEC, UL, DIN etc.
5. Restocking Charges. Orders cancelled during manufacturing but prior to shipment will be subject to a 22% restocking fee except in case of delay of delivery by DUNEL. If the delay is provoked by causes of nature and the order is cancelled the order will be subject to a 10% restocking fee. Orders returned within 30 days of shipment are subject to a 20% restocking fee. Orders for custom products of any nature are non cancellable. After 30 days from shipment all sales are final.
6. Delivery dates. DUNEL will use commercially reasonable efforts to meet any delivery date(s) requested in Buyer’s order, provided however, that DUNEL will not be liable under any circumstances for its failure to meet such delivery date(s). If Buyer terminates individual orders because of DUNEL failure to deliver, Buyer’s sole remedy shall be entitlement to cancel the unshipped quantity of any individual order. No cancellation of any purchase order for default of DUNEL shall be effective unless DUNEL has failed to correct such alleged default within thirty (30) days after receipt by DUNEL of a written notice by Buyer of such default.
7. Limitation of Liability. If we default, or because of other liability you are entitled to recover damages from us, then regardless of the basis on which you are entitled to claim damages we are only liable for the amount of any actual loss or damage up to the charges for the product or service that is the subject of the claim. This limit also applies to any subcontractor, reseller, programmer, or developer as the maximum for which we are collectively responsible. Under no circumstances are we liable for third-party claims against you for losses or damages; loss of or damage to your records or data; or consequential damages (including lost profits or savings) or incidental damages, even if we have been advised of the possibility of such damages.
7.1 Dunel understands that its customers buy tools to check the quality of the products they manufacture or sell . That is good for the reputation of the brands involved and sometimes Dunel discloses some of these cases . If customers do not agree with any disclosure of their brands on our media, they should do so in writing.
8. Not For Resale. (US Only) Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Dunel has separate terms and conditions governing sales to licensed resellers.
9. Governing Law. This Agreement and any order issued hereunder shall be governed by the laws of the Porto – Portugal – EU. The parties hereby agree that any dispute relating to the Products sold hereunder shall be subject to the jurisdiction and venue of the City of PORTO, PORTUGAL EU, and the parties hereby consent to such jurisdiction and venue and waive any obligations thereto