GENERAL SALES CONDITIONS

1) Acceptance of an order proposal or of an order.

The order proposal or order is binding for the buyer. No order or order proposal submitted by the Customer shall be deemed accepted by Daken S.p.A. unless and until confirmed in writing. In case of inconsistencies between the purchase order and the offer – in terms of prices, characteristics, quantity and measures – Daken S.p.A. may ask for amendments or, if necessary, may decline the order. In the event of non-acceptance of the order proposal or of the order, Daken will return the possible down payment free of interests. Deliveries may be interrupted or suspended at any time if the Buyer’s commercial, economical or financial references do not guarantee a successful supply. After ten days from the previously mentioned suspension, should the conditions of legitimacy be still valid, the contract will be considered terminated, ipso iure, at the Buyer’s fault or expenses. Any oral or written clause not specified in the order proposal or in the order will be considered null and void, if Daken S.p.A. has not expressly accepted it.

2) Order cancellation

Should the Buyer ask for the order proposal/order cancellation prior to goods delivery, Daken S.p.A. will be entitled to keep the down payment made at the moment of the order proposal/order as compensation. Nonetheless, Daken S.p.A. reserves the right to execute the contract.

3) Delivery and dispatch

Delivery and dispatch are not binding. Starting from the expected date of delivery specified in the order confirmation, Daken has a grace period of 15 calendar days. Due to force majeure this period can be extended. In case of partially dispatched orders, the outstanding goods will be delivered with the following delivery.

4) Delivery and complaints

oods listed in the order confirmation shall be considered as sold at the Company sales conditions previously accepted by the Buyer. Goods always travel at the purchaser’s own risk. Any loss or damage to goods found on delivery must be notified in writing to the carrier on the transport document and reported to Daken S.p.A proven by documentary evidence. Further complaints for faulty goods shall be notified to the Company within eight days from the reception of the goods. After this delay, the goods are considered as accepted for all intents and purposes. Daken S.p.A. will replace faulty items only. They shall be sent back on a free delivery basis after Daken authorisation. Any defect due to installation not in accordance with the Company directives or with the assembly instructions sheet (where applicable) is imputable to the Buyer. Our products are not suitable for food use. The buyer shall ensure proper allocation and supervise the correct final use of the items. Daken S.p.A. is not responsible for any damage to people and/or things if the sold goods are used improperly. While loading there may be changes to guarantee an appropriate packing and the integrity of the goods at the destination.

5) Warranty duration

Goods have a 2-years warranty from delivery date against any manufacturing defect. All along this period, defected goods will be repaired free of charge. Warranty does not cover:

  • Breakdowns or malfunctions due to the installation or usage not in accordance with the Company directives, external causes, careless installation and maintenance;
  • Damage and malfunctions due to normal use.

6) Payment terms

Direct remittance payments, as per the terms provided, shall be made to the Company address. Credit transfer payments or bank receipt shall be made to our Company bank account. Unless any discrepancy is notified to Daken S.p.A. by means of a registered letter within 7 days from the reception of the document, prices as well as all the hereby written and printed conditions related to this contract shall be considered as accepted by the Buyer. After the due date, Daken S.p.A. is entitled to issue a sight draft to cover all expenses. Any payment delay may cause an immediate charging of the “Europe prime interest rate” at the date of the invoice increased by 5%.

7) Force Majeure Events

Daken S.p.A. non potrà essere ritenuta responsabile per qualsiasi ritardo di consegna o mancato rispetto dei propri obblighi se il ritardo, o fallimento, nasca da qualsiasi causa che vada oltre il ragionevole controllo.

8) Jurisdiction

This contract and any dispute or claim arising out of or in connection with it submits to the sole jurisdiction of the Court of Bari.

CUSTOMER SERVICE – F.A.Q.

The aim of Daken Customer Service is to satisfy the needs of international customers with the highest standards. For an efficient customer relationships management, we provide a handbook for problem solving and procedures.

What happens when you submit a purchase order to Daken?

Within 2 working days, the customer receives our Order Confirmation reporting quantities, prices, week of delivery (we use Friday as reference day) and special conditions agreed with the customer as an exception to general sales conditions. Unless any cancellation/amendment is notified to Daken within 2 days, the Order is considered accepted. If you do not receive our Order Confirmation, your order might not have been received, or could be missing. In such case, please contact us.

What happens when your goods are ready for dispatch?

After the dispatch of goods from our warehouse, we can send a delivery confirmation upon request of the customer. Any special condition previously agreed by the customer shall be mentioned on the delivery note in the “NOTES” section, on top of the page. In such case, please check they are mentioned.

What happens if delivered goods are partially missing or damaged?

Goods must be counted and checked by your staff, in the presence of the carrier. In case of a land transport, in section 18 of the CMR form the carrier or the driver shall report any remark or exception to the agreed terms. Marks such as “unexamined” or “waiting for inspection” (or similar) will not be accepted by carriers and will be considered as a confirmation of receipt of all the items in good conditions. All our goods is accurately packed from our staff. A packing details label is attached on every single pallet. In case of evident or presumed damage, we suggest you to take pictures to provide documentary evidence.

How can I return goods?

Faulty or damaged goods will not be accepted for return without prior Daken written consent. If a product is faulty or damaged, it can be returned, after Daken authorisation. For this purpose, after the reception of your request of return, Daken will issue a Goods Return Authorization Form with all the guidelines. At the end of this procedure you are allowed to return the goods.

What happens if the wrong item is delivered or if I have ordered the wrong item?

Please contact our sales department and check if goods can be returned. The cost of the carriage is paid by the customer and the goods shall be immediately returned in good conditions. Refund will only cover goods value without transportation costs.

What happens in case of hidden defects?

If the product is faulty at first usage you may contact us in order to start a return procedure within the limits of the warranty provided by the General Sales Conditions. Refunds will not be authorised prior Daken consent on faulty or damaged goods. We kindly ask you to contact us before returning any item.

OFFICE OPENING HOURS:

Monday to Friday:

  • 8.30 – 12.30
  • 13.30 – 17.30

WAREHOUSE OPENING HOURS:

Monday to Friday:

  • 8.00 – 12.00
  • 14.00 – 16.00

HOLIDAYS AND CLOSING DAYS:

01/01 New Year’s Day

06/01 Epiphany

Easter

Easter Monday

25/04 Liberation day

01/05 Labor Day

02/06 Italian Republic Day

02/07 Regional Holiday

15/08 Summer Holiday

01/11 All Saints’ Day

08/12 Immaculate Conception’s Day

25/12 Christmas Day

26/12 Saint Stephen’s Day

Daken S.p.A. will inform all customers in advance about summer and winter holidays.