1.TERMS AND CONDITIONS TO EXERCISE WARRANTY RIGHTS
1.1. SMILICS will take care of the defects observed as soon as possible, using the means considered most appropriate, assuming the costs derived from it.
1.2. Products replaced will become SMILICS’ property and must be returned as soon as requested.
1.3 Warranty will be put in practice by SMILICS at its own option, either by providing a replacement product, or by repairing the same. For this purpose, the return of the defective product to SMILICS’ facilities, must be completed within the next 30 calendar days from the moment, it is declared defective; SMILICS shall assume the shipping costs for the replacement or those that have been repaired. Failure by the Buyer to comply with the aforementioned 30-day period for returning the allegedly defective product, will allow SMILICS to invoice the replacement product or the cost of the repair.
1.4 Warranty does not cover, under any circumstances, expenses related to searching for the defective element in a facility, nor disassembling and assembling in the site where they were installed. If, due to the nature of the products, the repair has to be carried out at the site, SMILICS will bear the labor costs related to such repair (except for those derive from the waiting time likewise expenses incurred due to products not being available at that moment).
1.5. No return will be accepted, nor will any credit be effective for any material which was not purchased directly by the Buyer from SMILICS. In order to guarantee this point, the Buyer shall always provide detail of the corresponding sales invoice as well as product tracking with the same.
1.6. Repairs are subject to all Buyers with residence within Spain, Portugal, Balearic Islands, Ceuta and Melilla. Any other location outside the Iberian Peninsula will be subject to previous quotation.
1.7. SMILICS will not accept returns of products declared obsoletes, discontinued, used, or installed, nor subjected to disassembly or any other manipulations which prevent it from offering the mentioned warranty for their normal use.
2. WARRANTY EXCLUSIONS
2.1. SMILICS’s responsibility is limited to repairing or replacing the affected products as long as they were not manipulated by unauthorized personnel. Neither when the use case specifications for such product, have not been met.
2.2. Products shall be installed and connected correctly according to SMILICS instructions and specifications, as well as all current Electrical and Safety regulations. This warranty does not indemnify the Buyer for complaints regarding property damage due to loss of operations, services nor profits.
2.3. SMILICS’ warranty does not cover accessories, parts, pieces, or fittings other than those supplied by SMILICS.
2.4. Warranty is exclusive. No person nor entity is authorized to change, add, or create any warranty or obligation other than that as set forth herein for products manufactured and supplied by SMILICS.
3. RETURN PROCESS
3.1. The Buyer will have to contact SMILICS within a maximum of 30 calendar days from the detection of the defect either by phone +34 93 515 85 48 or by e-mail at firstname.lastname@example.org in order to obtain “SMILICS’ return authorization number”.
3.2. The Buyer will return the defective product to SMILICS.
3.3 SMILICS will return the repaired product to the customer or replace it.
4. WARRANTY PERIOD
4.1. Warranty described herein, will be applicable for a maximum period of 2 years or as dictated by the law on the sale of consumer goods.
4.2. Warranty period will be effective from the purchase invoice date, or the corresponding delivery date, in case it happens later.
4.3. Product reparation will not extend its initial warranty period. However, a 6-month warranty period will apply and replace the initial period for all purposes, starting from the date of repair.
4.4. The right to complain will expire 3 years after product delivery.
4.5. Buyer must inform SMILICS about the lack of conformity within 2 months after becoming aware of it.
5. SMILICS LIABILITIES
5.1. SMILICS will be accountable before the Buyer for any lack of conformity encountered at the time of delivering the goods.
5.2. If the delivered product is found defective, Buyer may choose to repair or replace it, unless one of both options is impossible or disproportionate.
5.3. Repairs or replacements will be free of charge for the Buyer, including either transportation or materials costs, as long as products are under warranty.
6. BUYER LIABILITIES
6.1. In order to benefit from this warranty, Buyer must provide before SMILICS, full detail of the defect attributable to the product, as soon as it is detected. Likewise, all related documents to justify such defect, so that SMILICS can run the corresponding checkings to apply what’s committed under these warranty terms.
6.2. Unless previously agreed with SMILICS, Buyer may under no circumstances, carry out repairs on his own or through third parties. This will void any product warranty.
6.3. If the return authorization has not been requested by the Buyer, after a period of 2 months from the date of purchase, it will be understood that Buyer will no longer be able to use the right by withdrawal.
7. GOVERNING LAW – JURISDICTION
7.1. These Terms as well as all actions and settlements arising from them, including the rights and obligations of the parties, shall be administered, and construed in accordance with Spanish laws.
7.2. Any dispute between the parties arising out of these Terms shall be resolved without recourse to the courts and according to the Arbitration Rules of the Arbitration Center of the Chamber of Commerce of Barcelona, by one or more arbitrators appointed in accordance with such rules. The place of arbitration shall be Barcelona (Spain) and the language of arbitration shall be English.
8. GENERAL DATA PROTECTION (GDPR)
Responsible:SMILICS TECHNOLOGIES, S.L.
Purpose limitation: to prepare the requested budget.
Storage limitation: for as long as the stakeholder does not request for its removal.
Recipients: no data will be transferred to third parties except for legal obligation.
Rights: you can exercise in writing the rights of access, rectification, deletion, limitation, opposition and portability, accompanied by a copy of an official document that identifies you, addressed to the Controller at the following address: C/Baldrich, 222-226 Terrassa (08223) Barcelona-CAT or by e-mail: email@example.com . In case, of disagreement with the treatment, you can also have the right to file a claim with the Spanish Data Protection Agency (aepd.es)
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