{"id":4576,"date":"2024-09-17T17:27:26","date_gmt":"2024-09-17T17:27:26","guid":{"rendered":"https:\/\/lumitech.si\/general-terms-and-conditions\/"},"modified":"2026-03-18T19:07:17","modified_gmt":"2026-03-18T19:07:17","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/lumitech.si\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"\n
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General Terms and Conditions<\/h1>\n\n
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(1) AGREEMENT AND RESTRICTIONSThe terms and conditions set out below form part of the agreement entered into for each individual project by LUMITECH, Trade and Services Ltd.o and their customer, intended for the sale of appliances, and the repair and servicing of servomotors, blowers, electric motors, pumps, fans, vacuum pumps and other appliances supplied by the customer to LUMITECH, Trade and Services, Ltd.LUMITECH, Trade and Services, Ltd.o.o. shall not be obliged to comply with any additional or different provisions, whether in printed form or otherwise, including in order forms or in communication with the customer, unless LUMITECH, Trade and Services, d.o.o. gives its express written consent.The Agreement is valid solely between LUMITECH, Trade and Services, d.o.o. and its customer and is intended solely for the benefit of the two parties. No third party or other entities that are not part of the Agreement may claim its fulfilment or anything arising from it. This expressly includes limiting the rights of third parties in cases where such parties are represented by an intermediary who enters into an agreement with LUMITECH, Trade and Services, Ltd.All prior business interactions, customs and oral agreements not formally recorded and signed by LUMITECH, Trade and Services, Ltd.The Agreement shall be deemed to have been concluded when: a) the Customer issues a formal purchase order to LUMITECH, Trade and Services, d. d. d., and b) the Customer issues a formal purchase order to LUMITECH, Trade and Services, d. d. d., and c) the Customer does not enter into the Agreement.o.o, (b) the customer pays the full amount as stated in the payment terms of the quotation or invoice, (c) the customer confirms the repair in writing via the email address listed on their website and regularly used by them to communicate with LUMITECH, Trade and Services, d.o.o, or it is clearly proven that this is the business email address of the customer or an employee of the customer, or (d) the customer confirms the repair\/service in writing by a signed and stamped written document. (2) CANCELLATIONThe Customer shall have the option to cancel the existing agreement by giving three months’ notice, at the first request of LUMITECH, Trade and Services Ltd., to settle all outstanding debts and costs incurred as a result of the performance of the contractual obligations.In the case of one-off agreements, the Customer shall only have the option of cancelling the agreement if it notifies the Customer of the cancellation within a period of five days from the date of conclusion of the agreement. In this case, the Customer shall be liable for all costs incurred by LUMITECH, Trade and Services Ltd. as a result of the performance of the agreed works.Upon termination of the Agreement, the Customer shall be liable for all administrative costs and the costs of returning the goods or equipment. If LUMITECH, Trade and Services Ltd. has purchased spare parts for the fulfilment of the agreement prior to the receipt of the cancellation, the customer shall purchase these parts at the purchase price and shall bear all related costs.Any cancellation must be made in writing and sent to LUMITECH, Trade and Services Ltd.LUMITECH, Trade and Services, Ltd. shall also have the option to terminate the Agreement by notifying the Customer in writing, undertaking to return all of its property to the Customer immediately without additional cost. (3) COSTS AND METHOD OF PAYMENTAll costs associated with the shipment shall be borne by the Customer, except for those parts where LUMITECH, Trade and Services Ltd. assumes such costs in accordance with the provisions of the Contract and these Conditions. The amount payable by the Customer to LUMITECH, Trade and Services Ltd. shall correspond to the costs payable by the Company to the delivery service chosen. Payment terms are set for payment in full within eight days of invoice, unless otherwise agreed in writing between the customer and LUMITECH, Trade and Services Ltd.For special customer requests or for projects outside the regular service programme, LUMITECH, Trade and Services Ltd. charges an additional 30% of the basic service price. This includes work that is: (a) outside the normal scope of service, (b) performed outside working hours, or (c) performed during weekends or holidays.LUMITECH, Trade and Services, Ltd. has the right to request a partial or full prepayment or guarantee of payment from a new customer prior to the commencement of a project or delivery, especially in cases where the company deems it reasonable.In the event that the customer fails to meet its financial obligations within the time limit prescribed by law, and if it is necessary to engage a lawyer to collect the debt, the customer shall bear all legal and expert costs incurred by LUMITECH, Trade and Services, Ltd. for the purpose of collection. (4) DELIVERY TIME LIMITSLUMITECH, Trade and Services, Ltd. cannot guarantee exact delivery times, but determines estimated delivery times based on a good faith estimate and on the assumption that all information provided by the customer is accurate and complete and that no delays will occur as a result of events beyond the control of LUMITECH, Trade and Services, Ltd.LUMITECH, Trade and Services, Ltd.LUMITECH, Trade and Services, Ltd.LUMITECH, Trade and Services, Ltd.o shall not be liable for any delay or failure to perform its obligations under the Contract resulting from unforeseen circumstances such as acts of God, difficulties in obtaining spare or component parts, strikes, martial law, insurrections, national or local emergencies, governmental actions, interruptions in transportation, acts or omissions of the Customer, or other similar events beyond the reasonable expectation and control of LUMITECH, Trade and Services, Ltd.(5) LIABILITY FOR LOST OR UNCLAIMED ITEMSThe Customer warrants to LUMITECH, Trade and Services Ltd. that its property which is handed over for servicing or repair will be adequately insured against possible damage.In the event that the Customer’s property delivered to LUMITECH, Trade and Services Ltd. is not repaired due to the Customer’s failure to authorise the repair and if such property remains on the premises of LUMITECH, Trade and Services Ltd.o for a period of sixty (60) days or more after the Company’s request for repair approval, the Customer shall be deemed to have irrevocably transferred all title to said property to LUMITECH, Trade and Services, Ltd. to serve as storage compensation.During this period, from the time of the request for authorisation of the repair until the time of its authorisation or until the time of the transfer of ownership, the customer shall be deemed to be in default and shall be liable for any damage to the object and for any damage caused to LUMITECH, Trade and Services Ltd. as a result thereof.(6) LIMITED WARRANTYIn lieu of all other express or implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, LUMITECH, Trade and Services Ltd. offers a limited warranty for repaired electric motors, pumps, fans, vacuum pumps, blowers and servomotors serviced under their contract, for the original customer only (not applicable to any subsequent owners or third parties).(6.1) Statutory WarrantyNotwithstanding the provisions of these Terms and Conditions, the Customer shall be entitled to a statutory warranty of one (1) year commencing on the date of delivery.(6.2) LUMITECH Service GuaranteeLUMITECH, Trade and Services Ltd. accepts responsibility for the quality of the work performed and acknowledges a guarantee of one (1) year, which applies exclusively to the service provided by LUMITECH. The guarantee applies exclusively to the original customer. (6.3) QR code and portal (recording installation or storage)Upon delivery of the engine or appliance, the customer receives a QR code to access the Lumitech portal, through which the customer records:that the engine is installed (activation of the warranty upon installation), orthat the engine will not be installed immediately and is going into storage.(6.4) Thirty (30) day grace period (mandatory portal activity)The Customer has a maximum of thirty (30) days from the date of delivery to activate the warranty via the Lumitech portal:when the engine is installed, orto indicate that the engine is going into storage (subsequent installation).If the customer does not take any action on the portal within the aforementioned 30-day period, the motor shall be deemed to have been installed as of the date of the delivery note and the 1-year warranty shall start as of the date of the delivery note.After the expiry of 30 days from the date of delivery:activation in the portal is no longer possible,marking of storage or subsequent installation is no longer possible,further extension of the warranty is no longer possible,except in the case of storage declared in time as set out below. (6.5) Immediate installation (activation at installation)If the customer installs the engine immediately, he must activate the warranty via the Lumitech portal at the time of installation (option “Activate warranty”). The 1-year LUMITECH service warranty starts from the date of activation.(6.6) Storage (subsequent installation) and installation from storageIf the customer correctly indicates within the 30-day period that the engine is going into storage, he has the right to:install the engine within a maximum period of one (1) year from the date of delivery, andactivate the warranty via the portal upon installation (option “Activate warranty”).The 1-year warranty for LUMITECH service starts from the date of activation. (6.7) Extended warranty (extra charge) – exception for warranty activation declared on time.In the case of warranty activation declared on time, the customer may apply for an extension of the warranty for an additional 1, 2 or 3 years at the time of installation, based on a quotation or estimate previously issued by Lumitech and at an extra charge.If warranty activation has not been declared on time, the extension of the warranty is not possible.(6.8) Scope of warranty (consumable\/wearable parts only)All forms of warranty offered by LUMITECH apply exclusively to wearable or consumable parts such as: bearings, o-rings, shims, etc..The warranty does not apply to other non-wearable components, other replaced parts (mechanical slide seals, connectors, feedback units, brakes, etc.), nor to indirect or consequential damages (e.g. loss of production, loss of profit, etc.).(6.9) Exclusions and limitations of liabilityLUMITECH, trgovina in storitve, d.o.o. shall not be liable if:(a) the customer or a third party interferes with the motor or other device after the service,(b) the devices are used contrary to the manufacturer’s recommendations,(c) they are incorporated in equipment or processes not authorised by the manufacturer,(d) the failure is caused by improper use, maintenance, misuse, accident or failure of other equipment,(e) the Customer has delivered already disassembled or incomplete Devices, or(f) LUMITECH acts as an intermediary and the Customer contacts the Service Provider directly without communication through LUMITECH.LUMITECH’s liability is limited to the amount paid by the customer for the service.(6.10) Special Provision – MANDATORY INSTALLATION OF OVERLOAD VALVE ON BLOWERSFor new blowers sold, the warranty is valid only if the overload valve is installed at the time of installation.If the valve is not installed, the warranty is automatically void.(6.11) WARRANTY APPLICATION PROCEDUREWhen the Customer claims that a product repaired by LUMITECH, Trade and Services Ltd. does not comply with the original manufacturer’s specifications or that a defect has occurred during the period of validity of a particular warranty, the Customer shall immediately notify LUMITECH, Trade and Services Ltd. in writing, before the expiry of the applicable warranty period and deliver the appliance for inspection exclusively to LUMITECH, Trade and Services Ltd. The customer shall bear all costs associated with the return of the repaired product, including postage and handling costs. When LUMITECH, Trade and Services Ltd. receives the product back, their experts will check whether the problems mentioned in the claim are related to the repair carried out. If LUMITECH, Trade and Services Ltd. determines that the problems are not related to the repair or are caused by the conditions described in the previous paragraphs (6.9), it shall inform the customer and request his approval for further repair at the applicable prices. LUMITECH, Trade and Services Ltd. will not carry out further repairs without the written consent of the customer. If the Customer requests the return of the unrepaired Product within ten (10) days after the request for repair approval, LUMITECH, Trade and Services Ltd. shall return it at the Customer’s expense, subject to a charge for the cost of a diagnostic examination, which shall not be less than EUR 50 + VAT. If the Customer does not approve additional repairs or does not request the return of the Product within this time limit, the Customer shall be liable to pay the cost of storage at LUMITECH, Trade and Services Ltd. at the daily rate set by the Company. If the Product remains in storage for more than sixty (60) days after the request for repair approval, the Customer shall be deemed to have abandoned the Product and LUMITECH, Trade and Services Ltd. may dispose of it at its sole discretion without obligation to the Customer.If LUMITECH, Trade and Services Ltd. determines that the non-conformity or defect is within the scope of the applicable warranty and decides to repair the product under warranty, the cost of the repair shall be borne by the company and the product shall be returned to the customer via the Post Office of Slovenia or another delivery service at their expense.(6.12) INSTRUCTIONS FOR USING THE LUMITECH PORTAL (QR ACTIVATION)A QR code for accessing the Lumitech Portal is included with the delivery of the engine or device. Scan the QR code (on the engine or on the document supplied).Access the Lumitech Portal via the link that opens after scanning the QR code.Selecting the mode:“Activate warranty” (activation of the warranty at installation), or“Activate subsequent installation” (application for storage), or“Request additional warranty extension” (application for extension of the warranty by +1, +2 or +3 years).Entering the required data and confirming the selection\/activation.In the case of a timely declaration of storage, the customer may, upon subsequent installation from storage, carry out the “Warranty Activation” in the portal and, where enabled, simultaneously select the extension of the warranty (+1 \/ +2 \/ +3 years) on the basis of the previously issued quotation\/invoice.After confirmation, the system records the selected mode and date, thus constituting the notification to LUMITECH of the mode of use of the appliance and determining the start of the warranty period in accordance with these terms and conditions.THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. (7) CUSTOMER’S DECLARATIONS AND LIMITATION OF LUMITECH, Trade and Services, Ltd.’s LIABILITY; LIABILITY FOR DAMAGES.The Customer warrants to LUMITECH, Trade and Services, Ltd. that it has the right to the ownership or use of the items it submits for service. In the event that the original manufacturer’s standards, specifications or configurations of the customer’s item have been altered, LUMITECH, Trade and Services, Ltd. shall not be liable or responsible to the customer or any third party for the results or any consequences arising from the services performed on such item.The customer hereby discharges LUMITECH, Trade and Services, Ltd.o, their officers, agents, representatives, agents, representatives and employees from and against any and all claims, warranties, demands, actions, judgments, fines, penalties, assessments, damages, direct or indirect damages, costs and expenses, including attorneys’ fees, arising out of or relating to (a) any act or omission of Customer, (b) misrepresentation by Customer, or (c) the performance of Services for Customer on equipment where the original manufacturer’s standards, specifications or configurations have been altered. These provisions shall survive the termination or performance of this Agreement. (8) APPLICATION OF LAWThe place of execution and performance of this Contract shall be Kranj. The Contract shall be governed by and construed in accordance with the laws of the Republic of Slovenia. Any legal proceedings arising out of or in connection with this Contract, including any alleged breach, shall be brought in the District Court of Kranj. In the event of legal disputes, Slovenian law shall apply. (9) OTHER CONDITIONS(9.1)Encoder Inspection and Status Report Service for ServomotorsSubject of serviceThe service “Encoder Status Report” consists of a diagnostic inspection, output signal measurements, functionality verification and the production of a written technical report on the status, performance and signal quality of the encoder. The basic price of the service shall be EUR 50,00 + VAT, unless otherwise specified in the tender depending on the complexity of the encoder under consideration.Inclusion in the tenderThe service shall form an integral part of any tender issued in respect of a servomotor that is submitted for inspection or repair. If the customer does not want the service, it must be expressly rejected in writing before the order is issued or the offer is confirmed. In the absence of such cancellation, the customer shall be deemed to have ordered the service and to have agreed to the charging of that item.Warranty limitations in case of refusalIn the event that the Customer does not order, refuses or does not confirm the “Encoder Status Report” service, the Provider shall:-does not assume responsibility for the correctness, adjustment or calibration of the encoder,-does not guarantee its performance, responsiveness, accuracy or stability,-does not accept liability for any errors, malfunctions or consequential damages resulting from the condition or malfunction of the encoder,-does not guarantee the components serviced when the operation of the entire system depends on an untested or unrated encoder.Acceptance of liability and issue of reportThe encoder status report shall only be issued when the service has been ordered and confirmed by a purchase order. The Supplier reserves the right not to carry out encoder checking, diagnostic or calibration procedures without ordering this service.Binding and InterpretationThese conditions shall apply to all quotations issued in connection with servomotor services and shall be binding on the customer from the date of confirmation of the quotation or issue of the order form. In the event of any inconsistency between these Conditions and an individual agreement between the Customer and the Supplier, the individual agreement shall prevail if it is in writing. (10) GENERAL PROVISIONSIf any clause or provision of this Contract or these Terms and Conditions is held by any court to be invalid, this shall not invalidate the Contract as a whole unless the Contract could not exist without the invalid provision and the provision was not the essential reason for entering into the Contract. This Contract together with any annexes hereto constitutes the entire agreement between the Customer and LUMITECH, Trade and Services, Ltd.General Terms and Conditions for the conversion of machinery and installation of electric motorsWe reserve the right to decide independently on technical details (including software and hardware) which do not affect the performance of the subject matter of our offer.Special requests from the customer for additional features not included in our offer shall only be considered after written agreement with the customer, where we shall specify the possible impact of these features on the price and time of execution.The scheduling of the time of execution of the works shall take into account our commitments in other projects. If the Client defaults on its obligations, which prevents us from starting, continuing or completing the agreed works or services (for example, if the Client fails to provide the necessary conditions for installation), we no longer guarantee performance within the originally agreed timeframes. We also reserve the right to suspend the works after notice to the Customer if the Customer has unpaid obligations to us.In the event of default by the Customer, we will endeavour to adjust a new time limit for the performance of the works or services, taking into account our obligations and the Customer’s interests. In the event that we do not agree, we will carry out the work as soon as practicable, subject to our other obligations, and we will keep the Customer informed of progress.If the Customer fails to provide the technical conditions for installation, testing or acceptance as planned, we will consider that the work planned for that period has been carried out.The Customer must provide qualified personnel. The standard price includes training of one operator for one working day, unless otherwise agreed. Training normally takes place at the client’s premises. The customer must use the item in accordance with the instructions and its intended use.No warranty claims can be made for failure to follow the instructions or for improper use.We may charge for any interventions resulting from improper use unless otherwise agreed, the customer must provide a permanent internet connection to the processing unit after installation.We retain title to the item supplied until full payment has been made. If the object of delivery becomes part of another thing as a result of installation, we acquire a co-ownership interest until full payment.We charge statutory interest for late payment.Complaints about material defects are subject to the provisions of the applicable law. We shall not be liable for damage which does not occur directly to the object of delivery and not for consequential damages such as loss of profit or other damages to the customer or third parties.In the event of defects in the object of delivery during the warranty period, the customer must notify us immediately in writing and, in the event of a justified complaint, we shall rectify the defects at our expense.Our liability shall be based exclusively on the rectification of defects or the replacement of defective parts with functioning parts and shall not include liability for additional damages. If the complaint proves to be unjustified, we will charge the customer for the intervention costs.The warranty does not apply to parts subject to wear and tear. Our liability for warranty and guarantee claims is excluded if the object of delivery is damaged or defective due to unexpected events, failure to follow instructions, accidents, insufficient maintenance, improper handling, negligence, abuse, improper preparation or use in an inappropriate place or other external causes, use outside the intended purpose or operating conditions, installation of parts or software not supplied by us, or modifications or repairs not carried out by us or our authorised representative.All information relating to the subject matter of the supply, including all tender documentation, solution concepts and know-how, in whatever form, which we provide to the Customer or which comes to the Customer’s knowledge, shall be kept by the Customer as a trade secret. The Customer shall not disclose such information to third parties without our express prior written approval.In the event that the subject of the delivery includes software, the Customer shall acquire limited rights to use the executable code of the software. The Customer shall have no right of access to the source code of the software. The licensing terms shall be provided to the Customer on request prior to delivery of the software.Our failure to perform our obligations due to force majeure shall not be deemed a breach of contract. Force majeure includes circumstances as defined in the Code of Obligations, including actions by governmental authorities, strikes by the Customer’s employees and other circumstances deemed to constitute force majeure.Contractual relations between us and the Customer shall be governed by the law of the Republic of Slovenia, excluding the application of the Vienna Convention on the International Sale of Goods. Any disputes shall be settled by the competent court in Kranj, but we reserve the right to assert claims against the Customer before the court of general jurisdiction of the Customer’s registered office. <\/div>\n<\/div>\n <\/div><\/div>\n","protected":false},"excerpt":{"rendered":"

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