TERMS, GENERAL CONDITIONS and I-MOTION WARRANTY
In this document, the “customer” will refer to the person, organization or company who buys the equipment. “Equipment” will mean products described in the budget issued by the manufacturer. Headings are included for ease of reference only and are not part of these terms and conditions. . .
These Terms and Conditions will be applied excluding all the rest. Any term or contractual condition of the Customer (either on the customer’s order form or otherwise) are expressly excluded. The Customer recognizes that these terms and conditions cover the entire agreement between the parties and agree to be bound by them. . .
3) ALTERATIONS AND OTHER AGREEMENTS
The customer recognizes and accepts that these Terms and Conditions can be modified by the manufacturer.
4) TECHNICAL INFORMATION
The customer recognizes and accepts that the rights of intellectual and industrial property of all prices, pictures, illustrations, designs. Specifications and any other information provided in relation to the equipment belong to the manufacturer. In addition, the Customer recognizes and accepts that the details and content of the pictures, illustrations, designs, specifications and other information will be confidential. .
Any order submitted by the customer will constitute an offer by the customer to purchase equipment from the manufacturer in accordance with these conditions and will only be considered accepted when the manufacturer issues written acceptance of such order.
Orders made to the manufacturer cannot be cancelled without the manufacturer’s written approval.
In the event that the manufacturer accepts the cancellation of any order, the manufacturer shall have the right to charge a reasonable fee for any work carried out on behalf of the customer until the date of cancellation, including a fee for the processing and acceptance of the order and the request for customer cancellation.
The manufacturer of the i-motion electrostimulation device establishes the following conditions for technical service, guarantee and after-sales service:
- The electronic board inside the MCI is guaranteed for 2 years. This warranty does not cover additional expenses.
- The internal battery of the wireless communication module (MCI) is guaranteed for one (1) year. This warranty does not cover wear and tear.
- The tablet, touch screen and any other product not manufactured by Legal Partners and Partners S.L. are covered by the manufacturer of the brand and not by the manufacturer of the I-Motion equipment, i.e. Legal Partners and Partners S.L.
- The manufacturer guarantees the correct operation of the equipment from the date of purchase.
- Only parts that have not been damaged by improper use of the equipment will be replaced or repaired.
- Manufacturing defects in the textile garments, Bio-Jacket or its cables, are considered consumables so they only have a 15 days warranty after delivery. However, the guarantee does not cover damage or wear and tear.
- The equipment loses all warranty when subjected to:
- Modification by an UNAUTHORIZED agent
- Blows or physical damage.
- Improper effort or use.
- Connection to an electrical network that does not comply with the manufacturer’s specifications.
- Electrical discharges of any kind.
- Any condition including fire, water and any other event that may alter the correct functioning of the equipment.
- Or in the case of computer control devices (e.g. tablet or touch screens), any installation of programs other than those provided by i-motion or user or password implementation.
8. The handling of the material by a third party other than the official i-motion technical service or a technical service approved by i-motion, implies the loss of any guarantee on the material.
9. To obtain For more information about the warranty or service, contact the manufacturer, distributor or authorised service centre. Email: [email protected]
10. The terms and conditions of the guarantee contained in this document correspond to the guarantees offered by the manufacturer. The manufacturer is not responsible for any additional guarantees that the distributor or sales representative may offer the buyer and, in this case, must assert its rights against the person who sold the material.
11. The warranty does not cover economic losses for the time the equipment is being repaired at the manufacturer’s technical service.
8) TRANSFER OF RISK
The risk of loss or damage of the equipment transfers to the customer at the moment in which the equipment leaves the manufacturer facility.
9) LIMITATION OF LIABILITY
Except as specifically provided in these terms and conditions, all liability, condition, warranty and/or declaration implicit in the law, are excluded to the maximum extent permitted by the law
10)PRICES AND PAYMENT
- The price of the equipment will be the one established in the invoices and budgets.
- The prices DO NOT INCLUDE transport, customs, value added tax (VAT) or any other type of tax, fee or expense, unless the parties expressly agree otherwise in writing.
- The customer must pay any invoice on the terms agreed with the manufacturer. Non-payment or delay in payment implies a fundamental breach of the agreement between the parties, therefore the manufacturer may take the measures it deems appropriate to claim its right.
- The Manufacturer does not refund the money paid.
- The delivery of the equipment specified in an order is conditioned on the timely fulfilment of all relevant obligations of the Customer. The manufacturer retains all rights and defences relating to the Customer’s failure to comply with these terms and conditions.
- In the event that the Customer does not accept delivery of the Products at the place and on the date specified in any order, and without prejudice to any other remedies available to the manufacturer, the latter shall be entitled to claim the resulting damages, including, inter alia, additional costs of re-delivery, if any. In such a case, the risk of loss of or damage to the Products shall pass to the Customer at the time of failure to accept the Products or any other failure to cooperate with the delivery.
12) RETENTION OF PROPERTY
- The manufacturer shall retain full ownership of the equipment until full payment is received of all sums due in respect thereof. Ownership shall only be transferred to the customer when full payment is made for the equipment.
- In the event of substantial breach of these conditions by the customer, including, inter alia, non-payment, the manufacturer shall be entitled to take possession of the products of which it remains the owner.
- Until the ownership of the equipment has passed to the Customer, it shall
- Handle the equipment with due care, following the guidelines established by the manufacturer in the equipment’s instruction manual;
- Immediately inform the manufacturer in writing of any equipment related issues.
13) APPLICABLE LAW, JURISDICTION, AND LANGUAGE
- All transactions between the parties and any disputes or claims arising therefrom shall be governed by and construed in accordance with the laws of Spain
- The legal relationship created by this agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Spanish courts.
- These terms and conditions have been prepared in different languages for greater understanding by customers, however, the version that prevails and applies at all times is the Spanish version.