Fortador Return and Exchange policy.
Final Sale & Special Conditions.
FORTADOR requires a full, non-refundable payment and confirmation of our General Sales Condition before the product will be ordered by you. Once we receive your payment and acceptance of conditions, the order cannot be cancelled.
All Special Order products purchased are considered final sale and not eligible for refund or exchange unless deemed and confirmed by Fortador be defective after inspection.
Fortador cannot process a refund or exchange for Consumable Product, regardless on condition.
Procedure of Return
When an item is approved for return, the following conditions must be met.
– The original purchase invoice must be presented with the product.
– Item must have the original packaging and paperwork including a clear, blank warranty card and all accessories.
– We are not responsible for personal data or items left in returned merchandise.
Fortador will only offer a refund or exchange on a machine that is defective. In this case, it must be returned to Manufacturer for inspection. Once a defect is confirmed, an exchange will be processed at management and/or the manufactures discretion.
If the inspection will show that damage was caused by improper operating of the machine by the customer, all cost of inspection and transportation to both sides must be refund by the customer.
Manufacturer is obliged to send spare parts to the customer according to the warranty conditions.
All the reclamations and complains have to be send by email. The customer must pay for delivering and has to return the broken part to the Manufacturer by his cost. Service or Repair issues must be directed to Fortador only. If the inspection will show that damage was caused by improper operating of the machine by the customer, all cost of inspection and transportation to both sides must be refund by the customer.
Fortador is not responsible for any damage, injury, or warranty claim that occurs by improper operating of the machine by the customer. These systems require careful training and preparation to use safely. Do not use a machine if you are not properly trained or qualified.
Please be aware that the purchaser/operator/pilot assumes all liability and is responsible for:
- Damages to property and persons from the equipment.
- Improper use of the equipment.
- Ensuring proper configuration and maintenance of the equipment.
- Complying to all local and federal laws which may regulate the use of such equipment in your area
Any merchandise returned via post or courier must be pre-paid and returned only to the location it was originally shipped from. Please note that shipping costs will not be refunded unless the return is a result of an error by Fortador.
Fortador reserves the right to refuse any return or refund of merchandise. Fortador also reserves the right to amend or modify this policy from time to time without notice. Please check back regularly.
GENERAL COMMERCIAL CONDITIONS FOR CUSTOMERS FROM OR OUTSIDE POLAND “GCC”
- Below mentioned conditions apply to all sales contracts signed by Fortador K.A. Traczyńscy Sp.j. located in Sękocin Stary, Al. Krakowska 108, Poland, number in register of companies 0000405994 (later called „Seller”).
General Commercial Conditions are not applied, when the Buyer is a private person and the purchase of the products is for non-commercial use.
Changes and corrections of GCC require written permission of the Seller. In case of contradiction or differences of GCC to other special conditions offered to the Buyer (e.g. contracts), special conditions are applied.
These conditions of sale apply to all sales contracts concluded by Fortador K. A. Traczyńscy based in Sękocin Stary, Al. Krakowska 108, registered under the number 0000405994 (hereinafter referred to as “Seller”).
The provisions of these GCC shall not apply if the Buyer buys goods for purposes which are outside his business or profession.
Any changes and corrections of these conditions require the written consent of the Seller to be valid. In case of conflict or difference between these conditions and specific conditions set out in other documents addressed to the Buyer (eg. contracts) special conditions should be applied.
- ORDERS AND CONFIRMATION OF ORDERS
Order becomes valid after written confirmation from the Seller, sent by e-mail („Order confirmation”); based on both sides agreement. Orders can be placed via e-mail sent to the address of Seller “email@example.com” and are recorded in the computer system.
Lack of acceptance and confirmation of the order by the Seller does not constitute implied consent of the Seller to conclude contract and does not constitute a breach of the provisions of other agreements concluded between the Seller and the Buyer.
Any other information except that is mentioned in the offer sent to the Buyer, or in the Order Confirmation regarding the price, availability, range and deadlines, are for information purposes only and does not constitute an offer within the meaning of the Civil Code.
Orders must be submitted by authorized persons (as indicated in the relevant register or having a relevant power of attorney).
Buyer placing an order agrees to accept each point of GCC.
In the case of foreign customers or orders for special types of goods before Seller
attempting to perform the contract may require the payment of a certain amount in the amount of percentage of contract value, which should be paid by the Buyer prior to the contract. In the case of difficulty to avoid obstacles to the realization of the contract due to force majeure, Seller may without taking resposibility, wholly or partially void or suspend performance of its obligations. Force majeure is understood to be an event that actions could not be predicted despite diligence.
- DELIVERY AND TRANSPORT.
Seller delivers the goods by carriers or Buyer receives the goods directly from the
Seller depending on individual arrangements between the parties.
In the case of international sale terms of delivery, including the moment of the transfer of risk from the Seller to Buyer will be specified in the Order Confirmation, in email correspondence or in agreement concluded between the parties based on the rules of Incoterms 2010.
In the case of domestic trade during delivery all risks related to the goods, including the risks arising from force majeure, pass on Buyer.
The buyer while receipt of the goods is obliged to check the quality, quantity, condition and weight of the goods and their compliance with the transport documents, filing any objections and lodge a complaint with the carrier, and if necessary take to him appropriate legal action within the period prescribed by law. In addition, Buyer has to notify the Seller of any such claim.
The period for delivery is calculated from the date of the Order Confirmation. The delivery dates of ordered goods are specified in the Order Confirmation.
Seller is not responsible for non-delivery if failure of term does not occur as a result of gross negligence on the part of the Seller.
The Buyer shall bear the costs of transport, including costs for his special wishes as to the type of transport (eg.express delivery, air, etc.).
- PRICES AND TERMS OF PAYMENT
The price for ordered goods and payment dates are defined in the Order Confirmation or the contract concluded between the Seller and the Purchaser.
The price does not include additional costs associated with the sale or delivery of the goods. These costs, in particular the costs for transport, shall be carried by the Buyer.
Payment should be made to the bank account indicated by the Seller.
Any discounts couldn’t be granted from the estimated amount without the prior written consent of the Seller.
The Buyer is not entitled to set-off any mutual claims, unless those claims have been legally awarded.
Both the Seller and Buyer may negotiate by contract or by e-mail, other terms and conditions different than those that are mentioned in these GCC.
- MISSING PAYMENT
In the case of negotiated advanced payment for the goods, in case of payment delay, Seller can refrain from the execution of the contract terms until the receiving of the amounts from the Buyer. In this case non-performance of the Agreement by the Seller until the receiving of the whole amount from the Buyer is not considered to be violation of the agreement, and the terms of the agreement shall be suspended for a period until the whole amount would be payed by the Buyer.
In case of sale with deferred payment Seller reserves the right to property sold, until payment is fulfilled by the Buyer. If the Buyer has debts of any duties under other agreements between the parties, the Seller may suspend the execution of the all or part of the agreement until all the debts would be relayed.
In case of delay or non-payment, the Seller may claim – among other rights provided by the law and these GCC – payment of penalty for the delay.
- UNCOLLECTED CARGO
In case of failure to collect the goods delivered under the terms of the contract, the Buyer takes responsibility for any costs occurred in connection with the not pick up of the goods from the Seller’s premises, in particular the costs for storage and warehousing.
- WARRANTY FOR ITEMS DEFECTS, GUARANTEE
Seller warrants the goods in accordance to warranty card.
The warranty does not assume the return of the products.
- FINAL PROVISIONS
Orders placed to the Seller are subject to Polish law (in particular, Civil Code) and should be interpreted in accordance with those provisions; could not be applied by United Nations Convention on Contracts International Sale of Goods dated 11 April 1980.
Seller has the right to make changes to these GCC at any time, to the contracts already concluded should existing terms of the GCC be applied.
Any dispute arising in connection with the sale and / or the interpretation of these terms and conditions of sale shall be untied by the competent court at the place of the Seller’s location.