Conditions | Bronco Calefacción

BOILER PURCHASE TERMS AND CONDITIONS – BRONCO CALEFACCIÓN

Article 1 – Definitions

In these general terms and conditions, the following terms are defined with an initial capital letter and underlined:

You: the natural person, legal entity or company that has entered into a purchase agreement (Purchase) and/or the performance of installation work (Work).

Bronco Ibérica SL: Bronco Ibérica SL, a company engaged in commercial sales, and the partner installation companies acting on behalf of Bronco Ibérica SL.

Standard installation of central heating boilers: Placement/installation of an appliance as supplied by the manufacturer, and adjustment/replacement.

The filling tap, the overflow valve and the expansion vessel (part of the standard installation package), provided they are installed in the same room as the boiler.

The flue gas exhaust*, made of plastic, aluminium or stainless steel, up to a maximum of 1 metre measured from the boiler casing or up to the roof feed or the building duct.

The central heating connections up to the first coupling, stopcock or manifold*. The cold and hot water connection, including the inlet combination*; the gas pipe, including the gas tap*.

*Up to a maximum of 1 metre measured from the appliance casing. Installation: the (central) heating system, the air treatment system, the low-voltage system, the (hot) water system, the roof, the sewerage, the sanitary facilities and other installations present in your home that are intended for the use, distribution, storage, discharge, etc. of gas, (rain)water, electricity and heat.

Maintenance: all periodic work on the Device necessary for its reliable and safe use. Malfunction: a defect in (a part of) the Device or in a component included in the Standard Installation which prevents its correct operation.

Service: the set of actions aimed at investigating and/or remedying the cause of an unexpected defect such as a malfunction, a blockage or a leak.

Service subscription: an agreement entitling you to periodic maintenance and, where applicable, troubleshooting assistance for the device during the contract period.

Article 2 – Types of service subscription:

All-inclusive service subscription for central heating boiler (PRO-G Holland) Description:

This All-Inclusive Service Subscription for the Device (exclusively of the PRO-G Holland brand) includes periodic maintenance and the resolution of any breakdown at no additional cost

cost. This means that you will not have to worry about expenses such as call-outs, materials or labour.

Maintenance:

Every 24 months* or as frequently as deemed necessary by an installer appointed by Bronco Ibérica SL.

Breakdowns:

24/7 availability to report breakdowns of your device. Travel expenses, labour and materials are included. The appointed installer will resolve breakdowns as soon as possible, within 24 hours of notification, unless they are deemed urgent. Non-urgent breakdowns will be resolved in consultation with you.

The service area of Bronco Ibérica SL covers the entire mainland. The service contract is only valid for devices installed within the service area.

Maintenance:

Breakdowns:

24/7 availability to report and resolve breakdowns. This subscription includes travel expenses, labour and materials. Bronco Ibérica SL will attend to any incident as soon as possible, within a maximum of 5 working days after registration.

For all types of service mentioned above.

Article 3 – Terms and conditions and effective date (purchase from Bronco Ibérica SL).

The Service Subscription is a service contracted at the same time as, and in combination with, the purchase of a new Device from Bronco Ibérica SL.
The Service Subscription begins immediately after the delivery and installation of the Device and has a minimum term of 3 years.
The service area of Bronco Ibérica SL extends to the Iberian Peninsula. The Service Subscription is only valid for devices installed within the service area.

Article 4 – Your obligations

You are obliged to ensure that Bronco Ibérica SL, once an appointment has been arranged, is given access to the place where the Device is installed, which includes ensuring that the home (or property) is in reasonable condition, that the place where the (service) work is carried out is clean and that the installer can reach it (safely) (also taking into account occupational health and safety legislation).
You must refrain from any action or behaviour that may hinder or prevent the installer assigned by Bronco Ibérica SL from carrying out the work, including physical abuse or
If you breach clauses 1 or 2 and, as a result, Bronco Ibérica SL is unable to carry out the work, you must pay Bronco Ibérica SL €80.00 to compensate for the unnecessary costs incurred. This amount must be paid. Bronco Ibérica SL will suspend any service until you have paid said amount.

You shall provide Bronco Ibérica SL with the connection facilities for the energy required for the
The necessary electricity, gas and water costs shall be borne by you
If the installation ceases to comply with the applicable standards, regulations and legislation, you will be responsible for repairing the defect, unless otherwise agreed. This includes, for example: gas pipes and ventilation openings must comply with the national standard, and ventilation installations must comply with the standard. The installation must be connected in accordance with the conditions. Accessibility to the entire installation must be good and technically correct; your radiators and pipes must have no outstanding maintenance and must be in good condition and working correctly. All of this is at the discretion of the installer assigned by Bronco Ibérica SL.
You must inform Bronco Ibérica SL in good time of any change to your contact and/or bank details.

Article 5 – Breakdowns and work excluded from the coverage of this service subscription:

The following breakdowns are expressly excluded from the scope of the types of service subscription mentioned in Article 2 and will be invoiced to you in full, that is, including labour, materials and travel expenses:

Malfunction arising (in part) as a result of handling by someone other than the brand’s official technical service, in carrying out the service work.

Malfunction arising because there is no electrical voltage or because it is incorrect, or because there is no gas or gas pressure in the Appliance, in accordance with the manufacturer’s conditions.

Malfunction of the Appliance caused by lightning, freezing, fire, contamination of the internal pipework, leaks in the pipework or failures in the gas or electricity network or other external causes.

Malfunction due to careless operation, switches in the wrong position, incorrect settings or handling.

Malfunction due to blockages, limescale deposits and diffusion.

Malfunction due to contaminated flue gas/air ducts or flue gas/air ducts concealed within building structures.

Malfunction due to too much/too little water or too much air in the Appliance.

Malfunction of the room thermostat and/or the temperature control programmes (reprogramming is not covered by a Service Contract).

Breakdowns arising from changes to the installation or the appliance that may adversely affect its correct operation or render it inaccessible, and which have not been carried out by Bronco Ibérica SL. If desired, Bronco Ibérica SL can carry out this work with a previously agreed quotation.

Breakdowns caused by excessive load on the appliance. This occurs if gas consumption constantly exceeds twice the average gas consumption of a Spanish household, if the number of operating hours of the appliance exceeds the maximum recommended by the manufacturer, or if the operating hours are double those expected according to the Spanish average.

Temporary refilling and/or bleeding is not covered by the service contract

Article 6 – Damage

Bronco Ibérica SL is authorised to engage auxiliary staff for the execution of the Work or to transfer (part of) it to one or more subcontractors. Bronco Ibérica SL may do so without your prior consent and without notifying you. Bronco Ibérica SL has stipulated that this auxiliary staff must hold adequate liability and assembly insurance. You must hold this auxiliary staff directly liable for any damage caused by them. Only if the insurance policy taken out by the auxiliary staff does not provide adequate cover and they offer no recourse may you hold Bronco Ibérica SL directly liable.
If you have discovered any damage and believe it was caused by Bronco Ibérica SL or any of its agents, you must report such damage immediately to Bronco Ibérica SL in writing or by email, but in any case within 24 hours of its
If Bronco Ibérica SL is liable for damage caused to you, it will only be obliged to compensate you for direct (property) damage up to a maximum of the amount you have paid it in connection with the Purchase and the Work up to the time the loss occurred. Under no circumstances will the amount for which Bronco Ibérica SL would be liable exceed

€30,000 per claim; liability is limited to that amount in all cases. Under no circumstances will Bronco Ibérica SL be liable for:

The operation or installation of your existing systems and connections;

damage from freezing, lightning strikes or contamination of the internal pipework; leaks in the pipework or interruptions to the gas or electricity network; force majeure or operating errors.

Bronco Ibérica SL is not liable to you for indirect damage (consequential damage, including business interruption, loss of profit), immaterial damage and personal injury

If, after installation by the installer appointed by Bronco Ibérica SL, work has been carried out or measures have been taken on the Appliance or on the associated flues, wall ducts or ventilation installations by you or by third parties, whether on your behalf or not, Bronco Ibérica SL is not obliged to compensate for any damage resulting from

You may not hold Bronco Ibérica SL liable for increased water, gas or electricity consumption of the Installation, unless:

Bronco Ibérica SL made an error in carrying out the Work;
As a result of which the Appliance consumes more gas, water or electricity: A) than the manufacturer’s specifications; B) taking into account the size of the home (or property); C) the energy efficiency certificate issued; D) with normal (not excessive) use; and
You notified Bronco Ibérica SL of this within 12 months of completion of the Work; and
You subsequently gave Bronco Ibérica SL the opportunity to rectify the error upon first request. In that case, Bronco Ibérica SL will reimburse you a maximum of the amount you have overpaid to the relevant supplier monthly over a period of three months as a result of the error.

Article 7 – Term and Termination

The Service Subscription has a minimum term of 3 years. Thereafter, it will be extended indefinitely. After this period, you have the right to cancel the Service Subscription with 30 days’ notice.

When the Device reaches the age of 15 years, the Service Subscription will end automatically.

If you cancel the Service Subscription before the expiry of the minimum term, you will be charged the remaining instalments of the initial period (early cancellation). This also applies if you move house before the expiry of the minimum term and therefore cancel the Subscription. However, you will have the option of having the new owner of your home take over the subscription.
Cancellation must be communicated by you in writing or digitally ([email protected]) to Bronco Ibérica SL
Without prejudice to the right of termination, Bronco Ibérica SL is entitled, without any obligation on our part to pay damages, to terminate the contract with immediate effect:
1. If Bronco Ibérica SL is unable to have the services carried out because you act contrary to the provisions of Article 4, paragraph 1 or 2.
2. In the event of liquidation, (application for) suspension of payments or bankruptcy, seizure — provided the seizure is not lifted within three months — against you, debt restructuring or any other circumstance preventing you from freely disposing of your assets, Bronco Ibérica SL will be entitled to terminate the contract immediately and with immediate effect or to cancel the order or the contract, without any obligation on our part to pay damages or compensation. In such a case, Bronco Ibérica SL’s claims against you will become immediately due and payable.

If the manufacturer of the Device ceases to produce parts, or if these are no longer available to Bronco Ibérica SL on reasonable terms or within a reasonable period, Bronco Ibérica SL will be entitled, without any obligation to pay damages or compensation, to terminate this Agreement prematurely by giving 30 days’ notice.
Bronco Ibérica SL and you are entitled at any time, following due notice of default, to prematurely terminate the Service Subscription in the event of a breach by Bronco Ibérica SL or by you.
In any event, a breach of contract will occur if you have failed to make a payment, failed to make a payment in full, or failed to make a payment on time three times.

Article 8 – Rate

The applicable rates can be consulted at http://www.broncocalefaccion.com
The agreed rates will be automatically revised on 1 July of each calendar year, without the need for any action or notification, based in principle on the “Hourly wages under the Collective Labour Agreement, including special bonuses, for the construction sector” Table (which replaces the “Regulated wages for the construction sector and installation companies” Table) of the Netherlands National Statistics Office (CBS). Bronco Ibérica SL reserves the right to adjust the annual increase to a different table or index.
In the event that government measures are implemented (including price adjustments), Bronco Ibérica SL will be entitled to pass them on.

Article 9 – Payment

The amounts owed to Bronco Ibérica SL under the Service Subscription will be automatically debited from your account monthly in advance, unless expressly agreed otherwise. Labour and material costs (where applicable) will also be automatically debited from your account by Bronco Ibérica SL, subject to your authorisation.
If you do not pay on time, you will be deemed to be in default without prior notice. However, Bronco Ibérica SL will send you a single payment reminder to notify you of your default and give you the opportunity to pay within 14 days of receipt. Bronco Ibérica SL may charge interest on any payment not made on time from the due date specified in the reminder until the date of receipt of the amount owed. This interest is equivalent to the statutory interest in accordance with the article of the Civil Code.
After the 14-day period mentioned in paragraph 2 has elapsed, Bronco Ibérica SL is authorised to collect the amount owed without the need for a further demand for payment. In such a case, you will be liable for the reasonable extrajudicial costs associated with such

Article 10 – Privacy and Data Protection

Bronco Ibérica SL requests your personal data for the conclusion of a contract or the submission of a quotation. This data is used to assess the application, perform the contract, carry out analyses, manage risks and for other purposes. Bronco Ibérica SL complies with the legal requirements in this respect. The data collected will never be sold or rented to third parties.
If you object to the method of service provision described above in point 1, you must inform Bronco Ibérica SL of this in writing.

Article 11 – Changes to the General Terms and Conditions and the Service Subscription.

Bronco Ibérica SL may amend the General Terms and Conditions, the Service Subscription and the rate. Bronco Ibérica SL will give notice of such changes at least four weeks before they take effect.
The following will not be considered amendments within the meaning of this article:

An increase in a rate in accordance with Article 8, technical changes to the Service Subscription made by Bronco Ibérica SL on government instructions.

Article 12 – Bronco Ibérica SL Complaints Procedure.

Naturally, we want you to be satisfied with the service provided by Bronco Ibérica SL. We will do everything possible to resolve your complaint to your complete satisfaction. If you feel you have not received proper attention from any employee of Bronco Ibérica SL or its partner installation companies, please let us know. Our customers’ satisfaction is fundamental to us. We will contact you as soon as possible to find a solution. You can call us, send us an email or write to us with your complaints.

CONTACT:

Bronco Ibérica SL

CC Guadalmina Alta 4, Upper Floor, Puerto 107 29670 San Pedro de Alcántara (Málaga)

You can contact Bronco Ibérica SL by email using our contact form.

Article 13 – Final provisions

These general terms and conditions will come into force on 01-09-
Bronco Ibérica SL may transfer its rights and obligations under the Service Subscription to a third party without your consent. These terms and conditions, as well as the agreement(s) entered into between Bronco Ibérica SL and you, will remain in force if the legal form of Bronco Ibérica SL changes or if Bronco Ibérica SL transfers, splits or merges its business or part thereof.
In the event of a conflict between the provisions of the offer or the agreement and the General Terms and Conditions, the provisions of the offer or the agreement will prevail.
In all cases not provided for in these terms and conditions, Bronco Ibérica SL will cover the identified costs, taking into account the intention of the Parties and reasonableness and fairness.
If one or more provisions of these terms and conditions prove to be null or voidable, they will be replaced by a provision that corresponds as closely as legally possible to the intention of the null or voidable provision.
The legal relationship between the parties is governed by Spanish law. Disputes will be settled exclusively before the Spanish courts. Unless mandatory national or international law provides otherwise, the court of Málaga will have exclusive jurisdiction over all disputes between the parties, unless Bronco Ibérica SL, as the applicant party, chooses the court with territorial jurisdiction under the applicable law, in which case that jurisdiction will be granted.