Terms and Conditions
- General
DEIAX-GLOBAL SLU, Carretera de Andratx 32, local 4, 07181 Calvià, Balearic Islands, with CIF B16528606, owner of the DEIAX-AQUOS® trademark, is a company specialized in the distribution and installation of water treatment and filtration equipment, hereinafter „DEIAX-GLOBAL“.
The terms and conditions contained in this document („the Conditions“) shall apply to all quotes, offers, and orders for supplies and installations of water treatment and filtration equipment made by DEIAX-GLOBAL („the Equipment“). To the extent that these Conditions conflict with an agreement signed by DEIAX-GLOBAL and the Client, an order, or other document issued by the Client, these Conditions shall prevail. Furthermore, these Conditions shall prevail over any commercial usage in the industry.
- Orders and Delivery
Purchase and installation orders for Equipment placed by the Client through written acceptance of the corresponding quote provided by DEIAX-GLOBAL shall constitute a binding agreement between DEIAX-GLOBAL and the Client.
Although DEIAX-GLOBAL will endeavor to adhere to the delivery date established in the corresponding Equipment quote as closely as possible, the delivery and installation times indicated in the quotes are indicative, and DEIAX-GLOBAL shall not be liable for any delay in the Equipment delivery date.
The transportation of the Equipment shall always be at the Client’s expense and risk, even if freight is prepaid, except when transportation is carried out by DEIAX-GLOBAL’s own means. Upon placing and accepting the order, the party responsible for and/or assuming the cost of transportation shall be specified. Before accepting the Equipment, the Client must check that the seal, packaging, and the Equipment are in perfect condition. In the event of any anomaly, the Customer must notify the carrier and file a claim within 24 hours of delivery and inform DEIAX-GLOBAL of the incident in writing.
- Prices and Payment Methods
The purchase and installation prices for the Equipment will be those established in each quote, with all taxes, duties, and any other associated expenses being the Customer’s responsibility. Prices will be stated in euros. Any order that is delayed or rescheduled may be subject to a price change.
Payment will be made in accordance with the terms established in the corresponding quote, or failing that, within a maximum period of 15 days from the date of issue of the corresponding invoice.
In the event of late payment for any reason, the Customer agrees to pay interest on any unpaid balance at a rate of 3% per month without the need for express notice from DEIAX-GLOBAL.
- Retention of Title
DEIAX-GLOBAL reserves ownership of the Equipment sold until the Client has paid the full amount of the total agreed price. DEIAX-GLOBAL reserves the right to withdraw the Equipment, in whole or in part, from the Client’s address.
The retention of title extends to the products resulting from the treatment, mixing, or combination of DEIAX-GLOBAL products at their full value.
5, Use and Maintenance of the Equipment
The correct use and maintenance of the Equipment in accordance with the instructions provided by the Equipment manufacturer and DEIAX-GLOBAL is a fundamental part of its proper functioning.
In all cases, the specifications and performance of the Equipment supplied by DEIAX-GLOBAL, included in the Equipment instructions provided by the manufacturer, must be observed, as well as the maintenance instructions and recommendations delivered to the Client with the Equipment.
If the Client fails to observe and comply with these recommendations and specifications for use and maintenance, DEIAX-GLOBAL shall not be liable for any consequences arising from such non-compliance.
The Client must notify DEIAX-GLOBAL of any defect or malfunction of the Equipment immediately, and in any case, within forty-eight (48) hours of its occurrence.
To this end, the Client will be responsible for supervising the installation of the Equipment carried out by DEIAX-GLOBAL for the following 48 hours after installation, to detect any water leaks. If a leak is detected, the water supply must be immediately shut off. DEIAX-GLOBAL will not be liable for any damage caused to the Client’s premises or residence as a result of a water leak related to the installed Equipment that has not been properly reported within 48 hours of its occurrence, especially if the leak has existed for several hours or days and the Client has not reported it and turned off the water supply. In most cases, if a leak exists and is reported immediately (within hours of installation) to DEIAX-GLOBAL, no major damage will result. Therefore, DEIAX-GLOBAL will not be liable for water leaks that have been active for days or weeks and have not been reported by the Client. In the event of a water leak related to the Equipment installed by DEIAX-GLOBAL during the 3-month installation warranty period and provided it has been reported within the 48-hour period indicated above, DEIAX-GLOBAL will be responsible for the repair.
Failure to notify DEIAX-GLOBAL in writing of any visible defect or damage to the Equipment or the installation within the aforementioned 48-hour period will be deemed an unconditional waiver by the Client of any claim against DEAIX-GLOBAL for such matters.
DEIAX-GLOBAL will not be liable under any circumstances for damage caused by tampering with the Equipment by unauthorized and certified personnel; in such cases, the Client shall be solely responsible for the damage.
In all Equipment installations, the location of the equipment is carefully determined. Any change of location must be notified in advance in writing to DEIAX-GLOBAL at info@deiax-aquos.com, to obtain their approval. Otherwise, and without prior consent, DEIAX-GLOBAL is not responsible for any problems, claims, or damage related to the change of location of a device.
Use and maintenance recommendations regarding water quality
DEIAX-GLOBAL informs you that water quality and hardness can cause damage to the device.
DEIAX-GLOBAL’s device proposals are based on the values analyzed and included in the report provided to the Client prior to device installation, taking into account a consumption forecast. However, well and water conditions, as well as consumption habits, may vary over time.
Therefore, DEIAX-GLOBAL cannot guarantee that the water treatment will be effective, the device will function properly, and that the water quality parameters will fluctuate significantly. Although the project design and DEIAX-GLOBAL Equipment specifications are very robust and tolerate large fluctuations, substantial changes in water quality may affect the Equipment design and require modifications for continued operation.
To mitigate and control the effects of changes in water quality, and to be able to adjust water treatment in the event of variations, DEIAX-GLOBAL recommends:
- a) For wells, perform three analyses during the first two years to develop history and record. Over time, annual analysis can be reduced to two. The Client may send the results of these analyses to DEIAX-GLOBAL to verify the need for adjustments and corrections.
- b) A preventive and analytical maintenance program, which can be provided by DEIAX-GLOBAL.
- c) Local maintenance by DEIAX-GLOBAL personnel.
The Customer shall be responsible for (i) performing proper maintenance of the water softener according to the manufacturer’s instructions provided with each piece of equipment and (ii) ensuring that the equipment always has the appropriate salt levels. Otherwise, osmosis equipment, water dispensers, booster sets, and UV sterilizers, among others, which require low water hardness (below 10 German dH) for proper operation, may be damaged.
The Customer must immediately inform DEIAX-GLOBAL of any abnormality in the water (taste, odor, color, or other conditions) by emailing info@deiax-aquos.com or by calling 971 77 83 60 or 669 870 681.
Likewise, the Customer must immediately inform DEIAX-GLOBAL if any of the alarms indicated in the equipment manuals come on. In such cases, the customer must discontinue use of the equipment until it has been inspected by authorized DEIAX-GLOBAL personnel.
The Customer shall be responsible for (i) performing proper maintenance of the water softener according to the manufacturer’s instructions provided with each piece of equipment and (ii) ensuring that the equipment always has the appropriate salt levels. Otherwise, osmosis equipment, water dispensers, booster sets, and UV sterilizers, among others, which require low water hardness (below 10 German dH) for proper operation, may be damaged.
The Customer must immediately inform DEIAX-GLOBAL of any abnormality in the water (taste, odor, color, or other conditions) by emailing info@deiax-aquos.com or by calling 971 77 83 60 or 669 870 681.
Likewise, the Customer must immediately inform DEIAX-GLOBAL if any of the alarms indicated in the equipment manuals come on. In such cases, the Customer must discontinue use of the Equipment until it has been inspected by authorized DEIAX-GLOBAL personnel.
Under no circumstances should the purification equipment supplied by DEIAX-GLOBAL be turned off or disconnected from the electricity and water supplies for a period exceeding seven (7) days. The equipment has an automatic membrane cleaning system, and if water does not circulate within the equipment, there is a high risk of bacterial growth. In such cases, the membrane must be repaired and the equipment sanitized, at the Customer’s sole expense.
If the equipment must be hibernated for extended periods and the Customer must turn it off, the Customer must notify DEIAX-GLOBAL in advance and follow the instructions provided, or, failing that, follow the recommendations in the manufacturer’s manuals.
To eliminate any microorganisms that may contaminate the equipment over time, all water treatment equipment, especially for human drinking water, requires periodic filter changes (every 6 or 12 months depending on the model) as well as sanitization of the equipment. It is recommended that sanitization be performed by qualified personnel. DEIAX-GLOBAL also offers sanitization kits for end customers. This sanitization is especially important for water purifiers and dispensers.
The Customer must maintain proper pre-filtration and replace the ultraviolet light bulb that sterilizes the water, especially in equipment that does not incorporate UV technology, once a year to ensure effective microbial sterilization.
- Warranty.
The warranty for defects in the equipment will correspond to the manufacturer. DEIAX-GLOBAL will inform its customers of the identity of the Equipment manufacturer and will provide the manufacturer’s warranty conditions detailed in the Equipment manuals upon delivery. Should any defect appear in the Equipment, at the Customer’s request, DEIAX-GLOBAL will assist the Customer in handling the claim against the Equipment manufacturer.
DEIAX-GLOBAL will be solely responsible for the installation of the Equipment. The warranty period for Equipment installations performed by DEIAX-GLOBAL will be three months from the date of completion. DEIAX-GLOBAL will only assume liability for installation defects if the Equipment has been handled solely by DEIAX-GLOBAL. To this end, upon completion of each installation, DEIAX-GLOBAL will photographically document the installation and the installed Equipment.
The Equipment supplied and installed by DEIAX-GLOBAL may only be used for professional, domestic, and private use. In the event that the Customer uses the Equipment for any other commercial or resale purpose, DEIAX-GLOBAL shall have no liability to the Customer.
In any case, obvious defects in the Equipment must be reported in writing and without delay within a maximum of 14 days from the date of purchase or installation. Defects not detectable at the time of delivery or installation of the Equipment must be reported from the moment they become evident, but no later than 48 hours after the defect is discovered.
If the installation of any Equipment proves to be defective, the Customer will stop using the Equipment, notify DEIAX-GLOBAL of the defect, and, once the defect has been verified, DEIAX-GLOBAL will determine whether it is a defect in the Equipment itself or in the installation. At DEIAX-GLOBAL’s discretion, the Equipment will be returned to the manufacturer, repaired, or replaced.
Maintenance
The warranty on Equipment installed by DEIAX-GLOBAL will only be valid if the Customer performs maintenance by duly qualified and certified personnel in accordance with the manufacturer’s and DEIAX-GLOBAL’s instructions. Damage caused by improper handling or mechanical or chemical action beyond the control of DEIAX-GLOBAL will be excluded from the warranty.
In the event the Customer fails to conduct a proper inspection and/or report defects within 48 hours of their occurrence in accordance with stipulation 5 above, DEIAX-GLOBAL shall not be liable for defects that are not reported, not reported correctly, or not reported immediately after evidence of the defect, water leak, or any other damage occurs.
The warranty benefits apply only to the device itself and not to the installations in the home or building or to the appliances.
DEIAX-GLOBAL shall not be liable for any damage that may occur to the materials, furnishings, or objects in the home, premises, or boat during the installation of the Equipment.
The following shall not be considered manufacturing or installation defects attributable to DEIAX-GLOBAL: (a) normal wear and tear of the Equipment over time; (b) accidents, natural disasters, or force majeure events; (3) misuse, fault, or negligence of the Customer or a third party; (4) Improper handling of the Equipment or machine by third parties other than DEIAX-GLOBAL; (5) Improper maintenance of the Equipment or machine; (6) In the case of filtration, sterilization, and water dispensing equipment that requires soft water below 10 French degrees, the use of water above these parameters will void the warranty for the Equipment and its installation.
Recognition of liability under the Equipment warranty corresponds solely to DEIAX-GLOBAL, the Equipment manufacturer, and/or its insurance company.
This warranty prevails and replaces all other warranties and liabilities, both contractual and extracontractual, in accordance with applicable laws in relation to the products supplied, with the express exclusion of any liability on the part of DEIAX GLOBAL for indirect, incidental, or consequential damage that may arise from defects or the defective and/or non-conforming nature of the supplied product.
- Liability
Liability for Product Installation
DEIAX-GLOBAL shall be liable for any direct damages suffered by the Customer resulting from defects in the installation of the Equipment. Under no circumstances shall DEIAX-GLOBAL be liable for indirect damages, loss of profits, loss of business, business interruption, loss of business opportunity, loss of goodwill, or reputational damage arising from the sale or installation of any Equipment.
DEIAX-GLOBAL shall not be liable for damages of any kind in the event of the Customer’s breach of any of its obligations under these Terms and Conditions.
In any event, DEIAX-GLOBAL’s total liability to the Customer shall be limited, with respect to any event or series of events, to the total installation value of the Equipment received by DEIAX-GLOBAL from the Customer.
Liability for Defective Products
The warranty terms for the Equipment, as well as the instructions for its use and maintenance, are detailed in the user and maintenance manuals and recommendations from the Equipment manufacturer, which come with the Equipment or are downloaded with the QR code sticker on the Equipment (or can be requested from DEIAX-GLOBAL) at the time of installation of the corresponding Equipment. The Equipment must be used only in accordance with the terms and conditions set forth in the Equipment manufacturer’s user manual.
Under no circumstances will DEIAX-GLOBAL be liable for damages arising from defective Equipment, for damages resulting from manufacturing defects, improper use or maintenance of the Equipment, or if the Equipment is used for purposes other than those indicated by the manufacturer.
DEIAX-GLOBAL will also not be liable for installations that have been modified in any way by personnel other than DEIAX-GLOBAL.
Notwithstanding the foregoing, nothing in these Terms and Conditions affects the Customer’s statutory rights against the manufacturer for defective products.
Limescale Disclaimer
Liability for Product Installation
DEIAX-GLOBAL shall be liable for any direct damages suffered by the Customer resulting from defects in the installation of the Equipment. Under no circumstances shall DEIAX-GLOBAL be liable for indirect damages, loss of profits, loss of business, business interruption, loss of business opportunity, loss of goodwill, or reputational damage arising from the sale or installation of any Equipment.
DEIAX-GLOBAL shall not be liable for damages of any kind in the event of the Customer’s breach of any of its obligations under these Terms and Conditions.
In any event, DEIAX-GLOBAL’s total liability to the Customer shall be limited, with respect to any event or series of events, to the total installation value of the Equipment received by DEIAX-GLOBAL from the Customer.
Liability for Defective Products
The warranty terms for the Equipment, as well as the instructions for its use and maintenance, are detailed in the user and maintenance manuals and recommendations from the Equipment manufacturer, which come with the Equipment or are downloaded with the QR code sticker on the Equipment (or can be requested from DEIAX-GLOBAL) at the time of installation of the corresponding Equipment. The Equipment must be used only in accordance with the terms and conditions set forth in the Equipment manufacturer’s user manual.
Under no circumstances will DEIAX-GLOBAL be liable for damages arising from defective Equipment, for damages resulting from manufacturing defects, improper use or maintenance of the Equipment, or if the Equipment is used for purposes other than those indicated by the manufacturer.
DEIAX-GLOBAL will also not be liable for installations that have been modified in any way by personnel other than DEIAX-GLOBAL.
Notwithstanding the foregoing, nothing in these Terms and Conditions affects the Customer’s statutory rights against the manufacturer for defective products.
Disclaimer of Liability for Water Quality. Recommendations for Use and Maintenance
DEIAX-GLOBAL shall have no liability whatsoever for water quality. This responsibility shall fall exclusively on the Customer or, where applicable, the supply company.
DEIAX-GLOBAL expressly informs you that, as stated above, the volume of water consumed in liters may change over time, as may the quality of the water, particularly its hardness, and this may cause damage to the Equipment. The Customer agrees that DEIAX-GLOBAL shall have no liability for any damage resulting from water quality.
- Order Cancellation
Cancellation of an order confirmed by the Customer signing the corresponding quote entails DEIAX-GLOBAL’s right to retain any amounts paid to it by the Customer up to that point.
In the event that the Customer (i) fails to comply with its obligations assumed towards DEIAX-GLOBAL under this document and the accepted quotation for the Equipment, in particular its payment obligations, and such failure is not remedied by the Customer within a maximum period of 14 days from DEIAX-GLOBAL’s request for performance, or (ii) becomes insolvent, or becomes unable to meet its financial obligations in the normal course of business, DEIAX-GLOBAL may cancel any order or claim the return of the Equipment under the retention of title.
- Confidential Information
Except as required by law, neither DEIAX-GLOBAL nor the Client, except for purposes related to the performance of their obligations hereunder, will use, disclose, or communicate to third parties any information of the other party that they reasonably believe to be confidential.
10. Force Majeure
DEIAX-GLOBAL shall not be liable for any damages arising from the installation of the Equipment when caused by actions of the Client, acts of God, natural disaster, pandemic, act of civil or military authority, war, riot, concerted labor action, shortage of materials, or any other cause beyond DEIAX-GLOBAL’s reasonable control.
11. Waiver
DEIAX-GLOBAL’s failure to exercise or enforce any of its rights under this document shall not be deemed a waiver of such right nor shall it prevent its exercise or enforcement at any time or times thereafter.
12. Applicable Law and Jurisdiction
These Terms shall be governed by, construed, and construed in accordance with the laws of Spain.
DEIAX-GLOBAL will attempt to amicably resolve any dispute that may arise with the Client. However, if amicable settlement is not possible, the parties expressly waive any other jurisdiction that may apply to them and shall be subject to the jurisdiction of the Courts of Palma de Mallorca.