Terms and Conditions

Terms & Conditions

PRICE LIST VALIDITY

The prices are exclusive of VAT. This price list supersedes all previous editions. The price list set out below shall be valid until issuance of a subsequent written notice. It is expressly forbidden to copy, even partially, images and descriptions included in our written and electronic commercial documents. At any time and without any early notice or obligations the Company reserves the right to carry out amendments and/or updates relating to products or whatever indicated in the documents themselves according to the manufacture and equipment implementation requirements.

TRANSPORT

Ex works deliveries for sales and/or shipping abroad.

EXENIA S.r.l. undertakes no liability in relation to any possible loss and/or damages in the transport of Products except in the event that the transport

is carried out free addressee delivery. The purchaser undertakes to verify the conditions of Products upon delivery and to immediately notify the carrier any possible claim and/or action in case of loss, theft, damage, delay in the transport and/or delivery methods.

RETURN OF GOODS

Return of goods shall be authorized in writing by the company EXENIA S.r.l. and shall be sent carriage free to our warehouse; special items or those not included in the General Catalogue in force upon return itself may not be returned.

SAFETY STANDARDS

All the products included in the EXENIA S.r.l. catalogue are in compliance with the EU Directives.

WARRANTY

1: SUBJECT

1.1          We guarantee, under the conditions specified here in detail, for a period of five-years starting from the delivery date shown on the invoice, that the products designated with the "Exenia" brand, purchased by authorized distributors are exempt from manufacturing or design defects if used in accordance with the intended use.

1.2          Products with delivery dates prior to January 1, 2019 are excluded from this manufacturer's warranty.

1.3          If the purchase date of the end user from our distributor is not the same as the date of sale shown on the Exenia document, an additional 3 months warranty can be granted to protect the end customer only and exclusively in the presence of documentation proving this delay in the delivery. Only in this case the total guarantee will be valid for 63 months.

1.4      This warranty does not refer to all products bearing brands other than Exenia, although equally marketed by it, to products relating to power supply and control lighting systems and to products with mains voltage LED technology (LED board supplied at 230V, in the event that overvoltage protection devices are not installed on the dedicated power supply line).

2: CONDITIONS

The warranty will only apply provided that:

2-1          The products are used in accordance with the specifications of use and product indicated (intended as compliance with technical labels, user manuals and installation and product technical data sheets).

2.2          The products have been installed and put into operation perfectly (according to the assembly instructions enclosed with the product) by qualified technical personnel.

2.3          Maintenance and repair operations on the products are performed (if necessary) exclusively according to the manufacturer's instructions and only by qualified personnel.

2.4          Services such as (but not limited to) software updates or feature extensions are carried out exclusively by the manufacturer or a third party designated by the manufacturer.

2.5          The temperature and voltage limit values allowed by the applicable technical standards or specified in the technical data sheet for the product are not exceeded.

2.6          The product has not been subjected to improper mechanical and / or chemical stresses.

2.7          No changes and / or repairs are made to the products without written authorization from the company.

2.8          The customer (authorized distributor) presents to Exenia the purchase order or the corresponding invoice and copy of the packaging or technical label of the purchased product. At the request of Exenia you may also need to provide photos, videos or any other documentation necessary for the implementation of the warranty service.

2.9          The customer has regularly paid the product in accordance with the payment conditions agreed in the sales order.

2.10        The product is stored until communication by Exenia in the state in which it is located (intended as installed) for as long as necessary to allow Exenia to carry out the necessary checks on the defects allegedly encountered by the customer. Only after the authorisation by Exenia the product can be removed from the installation and sent to the Exenia headquarters, with a suitable packaging.

3: LIMITATIONS

3.1          The warranty only covers product defects proven to be caused by material defects, construction defects or manufacturing defects as well as failures that exceed the average nominal failure rate. For electronic components such as power supplies or LED modules, the average nominal failure rate is equal to 0.2% / 1000 hours of operation, unless the average useful life and the average nominal failure rate are not otherwise defined in the product specification (in particular in the technical data sheet, product brochure and similar materials). Multi chip LED products are not eligible for warranty replacement if less than 5% of individual LEDs are failing to perform according to the standards.

3.2          The right to the manufacturer's warranty lapses if the customer does not report the defect in writing within 30 days (related to the date of receipt) as soon as the defect is notified to Exenia or to the Exenia distribution company of the country where the product was purchased and put into operation the first time, attaching a copy of the purchase contract in question or the invoice and a proof of the defect found.

3.3          If the examination of the product proves that the case is covered by the warranty, the warranter has the right to proceed, at its own discretion, to repair the faulty product (with new or regenerated materials but fully complying with the product spec sheet), to replace the faulty product with a product of equal value, to the reimbursement of the purchase cost (excluding VAT and transport), or to send replacement components for the lighting fixture, such as (but not limited to), power devices.

3.4          The services performed under the warranty will not extend the original warranty in any way. Case management of products under warranty are assigned to the Exenia distribution company of the country where the product was purchased and put into operation the first time.

3.5          In the event of additional supplies of LED light sources there may be deviations from the original products, regarding the characteristics of the light due to technical progress as well as the alteration of the luminous flux of the products due to use. Replacing a product that is no longer in the catalog with an equivalent product or with a product with superior technical features does not involve replacing the existing lighting installation on site.

4: EXCLUSIONS

4.1          All incidental and indirect costs resulting from the elimination of the defect such as (but not limited to), assembly and disassembly costs, costs of transportation of the defective product and of the repaired or new product, travelling costs, lifting equipment rental costs, scaffolding, settings and system settings. All these expenses are to be covered by the buyer.

4.2          Components subject to wear, such as all traditional technology lamps, batteries or mechanical components subject to wear.

4.3          Damage to devices connected to lighting equipment.

4.4          All the plastic parts, such as (but not limited to), polycarbonate and PMMA which can undergo discolouration, a variation in transparency, a change in tone or opacity or a decrease in mechanical characteristics due to the natural aging process.

4.5          Product defects due to software errors, bug, virus or similar.

4.6          periodically necessary services such as (but not limited to), new commissioning, software updates, emergency unit tests etc.

4.7          Product defects due to unpredicted and unpredictable events, which exclude the amenability of such defects in the production process of the product such as (but not limited to) extraordinary weather events, electric shocks and lightning, acts of vandalism, fire, eddy currents.

4.8          any problem or defect due to surge with an amplitude o duration greater than:

1000V between line conductors (L and N); 2000V between one of both line conductors and PE conductor (L-PE or N-PE)

 in according with IEC 61000-4-5:2005-11.

4.9          Driver damage by transient events in a system caused by a sudden change of state. The source of transient energy can be an internal event or a nearby event. The energy from other parts of the network normally appears as a flurry of oscillations.

4.10        The warranty will not operate if one of these parts is damaged:

VDR (Voltage Dependent Resistor).

PFC (Power Factor Corrector) damage due to common-mode extravoltage or mains voltage spikes.

Secondary stage damage due to differential-mode extra voltage or mains voltage spikes.

4.11        For products in the "Outdoor" series the warranty terms refer exclusively to faults / defects that compromise the mechanical / structural safety of the appliances. The warranty will not apply to products used in hostile environments, such as (but not limited to) with a high salt content or in the presence of corrosive agents.

4.12:      Special / custom products are excluded from these warranty conditions; any agreements will be taken during the order definition phase with the dedicated corporate office.

5: REFERENCES

The contact for the management of the warranty interventions are the authorized Exenia distributors. Nevertheless, under no circumstances is an agent, distributor or retailer authorized to change, modify or extend the terms of the warranty on behalf of Exenia. This document is the only document to refer to.

6: RESPONSIBILITY

The foregoing provisions of this warranty exclude any other liability on the part of the manufacturing company which originates from the products supplied or from their resale. Especially, no compensation of any kind may be claimed for damages, direct or indirect, of any nature arising from the failure or limited use of the products.

7: APPLICABLE LAW AND JURISDICTION

This warranty is governed by the laws of the Italian state. For any dispute concerning the implementation or interpretation of this warranty or any further legal guarantees it is provided to the exclusive jurisdiction of the Court of Florence (Italy). The commitments of the production company, the conditions to enforce the warranty of the product and the terms of its duration, are exclusively those contained in this warranty. The production company does not authorize any third party to extend the duration and / or conditions of this warranty or to assume on behalf of the same production company any other obligation or liability with respect to the Products covered by the warranty. This warranty absorbs and replaces legal warranties for defects and excludes (to the extent permitted by law) any other possible warranty and / or liability of the producing company that originates from the products supplied. Therefore, any further rights and / or guarantees connected to the Products and their use not foreseen herein shall be expressly excluded. This warranty also replaces any and all verbal or express warranties or statements made prior to the purchase of the product. The text of this warranty is written in Italian; it is the only authentic original text. 


PERSONAL DATA PROCESSING DISCLOSURE

Pursuant to Article 13 of EU Regulation 2016/679, (hereinafter also referred to as "GDPR" or "General Data Protection Regulation"), Exenia S.r.l (hereinafter also referred to as "The Company") would like to inform that your data will be processed in compliance with the privacy regulations as set out below.

1. Company Details

Exenia S.r.l, with registered office in Calenzano (FI) Via Della Chiesa 38, e-mail address [email protected] is the Data Controller.

2. Intended Purpose and Legal Basis of the Processing

The Company will process the personal data that you have provided us by filling in the form on our website (name, surname, e-mail address, etc.), in order to reply to one or more of the following requests:

a) Tot send you our catalogue and/or other commercial communications concerning the activity carried out by Exenia S.r.l

b) To reply to an information request

c) To receive  our newsletter containing information about our products and the lighting industry

Registering your data by means of the form and replying to your requests is subject to your specific, free and informed consent (Art.6, Paragraph 1, Letter a of the GDPR) provided through a special check-box (Art. 7, Paragraph 1 of the GDPR).

3. Processing Methods

Your data will be processed electronically and on paper pursuant to what provided by the law that aims at ensuring data security and confidentiality, as well as the accuracy of the updating and the relevance of the data with respect to the stated purposes. The processing of your data is carried out according to the procedure set at Art. 4, point 2 of the EU Regulation 2016/679, in particular: collection, registration, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data.

Your data will be stored in our archives as per the purposes mentioned at point 2 for the period of time necessary to fulfil the purposes for which they have been collected and pursuant to the law in force. If you would like to unsubscribe our newsletter service, your data will be removed from the systems and archives in which they are stored.

4. Categories of Data Recipients

 Your personal data will be made accessible, for the purposes indicated in point 2 of this statement, to:

- personnel authorized by the Data Controller

- to third party companies or other subjects (such as consultants or IT support companies) as independent Data Controllers or Data Processors on behalf of the Data Controller. The list of the names of the Data Processors may be requested at the address of the Data Controller. The personnel authorised by the Data Controller as well as the appointed Data Processors have received specific instructions and they have been informed about their obligation to ensure the confidentiality of your data.

5. Data transfer

Your personal data is stored on servers located in Canada, a country deemed adequate to European standards regarding privacy. In any case, it is understood that the owner, if necessary, will have the right to move the servers even outside the EU. In this case, the Data Controller ensures from now on that the extra-EU data will be transferred in compliance with the applicable legal provisions, subject to the stipulation of the standard contractual clauses envisaged by the European Commission.

6. Nature of Data Provision and Consequences of Refusal to Respond

The provision of your personal data and the provision of the relative consent are optional. Any failure to provide personal data and denial of consent results in the impossibility for Exenia  S.r.l to respond to its requests and the consequent impossibility of sending commercial or promotional communications aimed at promoting lighting products.

7. Rights of the interested party

As data subject, you have the rights set out in Articles 15 to 22 of EU Regulation 2016/679. In particular, you have the right to ask the Data Controller: a) to access and rectify or erase personal data; b) to limit the processing of data concerning you and to object to their processing; c) to the portability of data; d) to revoke consent at any time without prejudice to the lawfulness of processing based on consent given prior to revocation. Moreover, you can issue a claim/complaint to the Guarantor Authority for the protection of personal data.

8. Formalities to Exercise Your Rights

You may exercise your rights by sending an e-mail to [email protected], to which we will reply within 30 days of receipt of the notice.