General conditions of sale and warranty

  1. The following summary of general conditions of sale apply to all sales contracts existing between the companies pratic ltd and Practic F.lli Orioli s.p.a. – herein referred to as ‘PRATIC’ – and their customers.
  2. Changes or additions to these conditions and changes or additions to sales contracts are not considered binding unless agreed in writing.
  3. PRATIC reserves the rights to change improve or alter its products at any time.
  4. Products photographed or featured in this catalogue may show slight variations from products ordered and installed as each installation is bespoke built.

Conditions of sale

  1. Orders and prices shall be agreed in writing and defined as such in the sales contract. Orders may be revoked or modified by the customer only in written agreement with PRATIC.
  2. Agreement shall be reached only after PRATIC has quoted directly on the customer’s request.
  3. Delivery of goods on location differing from the domicile of the customer requires prior agreement and may entail additional costs.
  4. PRATIC reserves the right to compensate payments received at its discretion, regardless of currency or jurisdiction.
  5. The customer may not legally claim the right of retention of the payment or discounting of the agreed price, nor shall they make exceptions or raise counterclaims, unless PRATIC substantially continues to breaches contractual obligations having receiving three (3) written warnings from the customer and been given ninety (90) days to correct the concern.
  6. Late payment will result in the application of default interest pursuant to leg. D. 231/2002 and any additional costs.
  7. A minimum £100 +VAT charge will be applied to each contract amendment.
  8. If contract amendments are agreed after order production has commenced, the customer shall be charged costs of materials produced which cannot be used to carry out the modified order.
  9. Delivered goods remain the property of PRATIC until full payment of all claims is received from the customer.
  10. The customer agrees, at time of product delivery, to provide adequate resources in relation to the off-loading and storage of the size and weight of agreed products.
  11. Without this constituting a waiver of other righter under the law, PRATIC may suspend the delivery if, in its opinion, there is a danger that the customer may fail to comply with the contract in whole or in part, in particular if late, limited or no payment is received.
  12. The terms of delivery are indicative and not binding. Delivery delays cannot give rise to penalties or claims of damages, nor do they justify the cancellation or annulment of orders.
  13. In cases of force majeure, PRATIC reserve the right to suspend pending orders or delay delivery dates without giving effect to penalty, claim of damages or interest.
  14. The customer agrees to inspect all goods upon delivery to verify appearance, status, weight, quantity, size and model of the items and to report in writing and defects or non-conformities of the product.
  15. Any returned good, in whatever way due, must be authorised and agreed to by PRATIC.

Limited Liability

  1. PRATIC assumes no responsibility or liability for accidents caused to third parties or damage to property during the installation phase, as well as for damage to goods stored on location during installation.
  2. Customers undertake to oversee all static and safety related urban standards (concessions, licenses, permits, permissions etc) are met at the installation site and PRATIC is exempt from all liability for the use in this regard, of the materials and structures.
  3. PRATIC shall in no circumstances be deemed liable for loss of profit and non-pecuniary damage suffered by the buyer or third party.
  4. PRATIC shall in no circumstances be deemed liable and the customer will bear all risks, dangers and consequences resulting from fire, theft, acts of God, damage to persons, property or other occurrence.
  5. PRATIC shall not be liable in any civil, criminal or administrative proceedings for the damage caused by unauthorised use of the product and/or following their use outside the parameters of resistance identified for the specific product.

Warranty

  1. The PRATIC warranty is limited to the replacement of parts affected by faults and defects or not compliant with promised quality.
  2. This warranty covers the replacement of components originally identified as defective.
  3. This warranty is effective from the date shown on the sales contact and as verified in the user documentation issued upon delivery.
  4. The duration of the warranty is specifically as follows:
    1. Mechanical components of structures – 5 years
    2. Perimeter screens – 5 years
    3. Somfy motors – 5 years
    4. LED lights and spot lights – 1 year
    5. Fabric (except for polyester) – 5 years
    6. Polyester fabric – 2 years
    7. Stitching with Tenara thread – 5 years
    8. Stitching with polyester thread – 2 years
  5. All motors, automation units, control units and transformers and Somfy motors and transformers are guaranteed for their full value as outlined year by year below:
    • 1st year 100% of the value
    • 2nd year 100% of the value
    • 3rd year 60% of the value
    • 4th year 40% of the value
    • 5th year 20% of the value
  6. The warranty is void in the event of failure to observe correct operational instructions and maintenance as described in the documentation for proper use provided by PRATIC.
  7. The warranty does not cover damage caused by:
    1. Imperfect colour matching of the paintwork of the individual sections and individual components with RAL reference profiles.
    2. Effects of saline environments on metal components.
    3. Imperfect water tightness of the waterproof/water-repellent fabrics
    4. Natural decay of painting
    5. Normal wear and tear of mechanical components.
  8. The warranty on Crista fabric is limited to manufacturing defects and does not cover:
    1. Loss of transparency.
    2. Formation of folds.
    3. Relaxation or contraction due to temperature changes.
  9. The warranty on the covers does not cover breakage or malfunction caused by:
    1. Incorrect or wrong use.
    2. Use in adverse weather conditions.
    3. Use in the presence of wind intensity above the limits given in the specification.
    4. Different installations from those prescribe by PRATIC.
    5. Contraventions to the instructions.
  10. If any one provision of the general conditions should become wholly or partially invalid, the parties are obliged to adhere to the remaining valid conditions and apply best effort to reach agreement on amendments to validate the effected condition.
  11. These general conditions of sale are governed under the law of England and Wales.