GENERAL SHIPPING, RETURNS AND GUARANTEE CONDITIONS OF LANDATEL DE MÉXICO S.A. DE C.V. ., with registered address at Calle Municipio de Tepezalá 112, Parque Industrial del Valle de Aguascalientes, CP 20300 en San Francisco de los Romo, Aguascalientes, México. Email address: firstname.lastname@example.org.
1. Delivery of products or services
a) As far as possible, according to the availability, the nature of the good or service, or other important circumstances, LANDATEL DE MÉXICO S.A. DE C.V. will specify an approximate date of delivery in the return receipt, that will not exceed a period of 30 days since the client made his/her request.
b) LANDATEL DE MÉXICO S.A. DE C.V. will make every reasonable effort to carry out the delivery according to the agreed terms, or within the thirty-day period mentioned in the previous section. If, for any reason, the period passes by without having made the delivery, LANDATEL DE MÉXICO S.A. DE C.V. will address to the client to propose a new delivery date, with the consequent client faculty to cancel the contract and obtain the refund of the price amount if he/she has already paid it, amount that LANDATEL DE MÉXICO S.A. DE C.V. will return to the client in a maximum period of thirty days since the request.
c) The place for the delivery will be the one indicated by the client, established in the return receipt.
2. Responsibility derived from the contract
a) For the acquisition of products or services that have no entailed goods supply, it will be understood that the client accepts it, once the delivery or provision has been made, as appropriate.
b) For the acquisition of services that have entailed goods supply, it will be understood the client accepts it, once the installation has been done by LANDATEL DE MÉXICO S.A. DE C.V. according to the stated under clause 7 b) of The General Conditions document.
c) According to the valid legislation, LANDATEL DE MÉXICO S.A. DE C.V. will be committed to make the amendments for the damage caused by a fraudulent or negligent behavior of its employees. The responsibility will be limited to the value of the product or service, unless it had resulted in death or corporal damage, in which case there will be no limitation.
d) LANDATEL DE MÉXICO S.A. DE C.V. will not be responsible for any circumstance derived from the usage of information related to the number of users, connections, real bandwidth, PIRE power or similar situations, as well as any characteristic subject to meteorological conditions, orography, network connections, users' equipment, peripherals, accessories, etc., all of them indicated as an approximation, in function of the information obtained from the equipment manufacturers, normal usage, concurrency indexes and normal configuration parameters.
e) LANDATEL DE MÉXICO S.A. DE C.V. will not be responsible for: general losses generated by the neglectful attitude of the client toward the indications or suggested advices of LANDATEL DE MÉXICO S.A. DE C.V. related to the good operation or optimal usage of products or services; any form of lost profit claimed by the client, particularly those originated in the malfunction or defect resolved by LANDATEL DE MÉXICO S.A. DE C.V. ; losses derived from the combination made by the client of equipment and material provided by LANDATEL DE MÉXICO S.A. DE C.V. with other supplied by the client or third parties; losses caused by force majeure, which include: natural or environmental catastrophes, riots or revolts, strikes, wars, terrorist attacks, lack of supplying of products, interrupts in the services provision, or political or governmental acts.
f) Unless there exists a previous written authorization from LANDATEL DE MÉXICO S.A. DE C.V. the client will not be able to hand over his/her rights or obligations that the present General Conditions, depending on the case, grant or impose to him/her.
3. Preconfiguration and Installation Services
a) The preconfiguration service consists of the sending of the configured equipment according to the parameters and functionality required by the client. This service could only be hired at the moment of the equipment acquisition and the client will be asked to fill in the form with the necessary information for its correct execution.
The preconfiguration service does not include the manipulation of any equipment different from those acquired at the moment of the service hiring.
b) The installation service includes the installation and bring into service of the equipment, as well as of the necessary elements for its special working.
The client will have to sign the request of service document before its realization. In that document it will be specified the equipment and configuration requested by the client.
Once the service has been carried out, the technical experts of LANDATEL DE MÉXICO S.A. DE C.V. will proceed to review with the client the situation and functionality of the installation, and both parties will have to sign in accordance at the end of the consent declaration.
4. Maintenance contract
LANDATEL DE MÉXICO S.A. DE C.V. offers to its clients the possibility to hire a global maintenance service that covers telephone support, pieces, labor and transport. The conditions of that contract will be stated in it and the cost will be set according its duration, installed equipment, distances and type of service offered by the equipment.
5. Repairs and Returns
a) Without prejudice of the clauses that mention the guarantees stated in this General Conditions, and, within the term of seven working days after the delivery, the client will be able to request the repair of the product if it presents any damage, or its substitution for other of identical or similar characteristics, with agreement about the following conditions:
The devolution of the damaged equipment will be made previous client request of the RMA number through the form that LANDATEL DE MÉXICO S.A. DE C.V. will make available in its website, or via an email or fax.
The equipment sending must be made in its box, envelope or wrapper, and the RMA number given by LANDATEL DE MÉXICO S.A. DE C.V. must be written on it. If many items were sent in the same package, all the RMA numbers must be written on it. The expenses and sending risk will be on charge of the client, unless it is a consumer. In that case, they will be on charge of LANDATEL DE MÉXICO S.A. DE C.V. .
Once the equipment is repaired or substituted, LANDATEL DE MÉXICO S.A. DE C.V. will send it to the client, with no transport expenses, only if he/she is a consumer. The equipment will be sent with the same packaging conditions and the same elements and accessories provided by the client. The transport risks will be on charge of the client, unless he/she is a consumer, in which case they will be assumed by LANDATEL DE MÉXICO S.A. DE C.V. .
b) LANDATEL DE MÉXICO S.A. DE C.V. offers to its clients a period of 7-days evaluation since the delivery of the acquired equipment or solutions. During this period, the client will be able to return the equipment to LANDATEL DE MÉXICO S.A. DE C.V. , and, in that case, will have to request the RMA number through the corresponding form, being on his/her charge the carriage expenses and its risks. In this case, LANDATEL DE MÉXICO S.A. DE C.V. , within thirty days after the reception date, will refund the amount paid in the purchase. However, if the devolution were made after seven working days following the delivery, and within a period of fifteen days, LANDATEL DE MÉXICO S.A. DE C.V. will deduct to the amount of the equipment, the corresponding expenses of service preconfiguration, programming and installation, shipment and diets, and all other post-sales services that have been used, as well as 10% of its value in concept of usage and administrative expenses. These expenses will be also applied to the electronic devices received in the seven days after the purchase, if the original box has been open or the product has been unsealed.
LANDATEL DE MÉXICO S.A. DE C.V. will only accept the equipment devolution within seven days after the purchase in case they are in perfect state and with all its component elements in its original packaging and if the equipment is not customized according to the client suggestions.
c) If, after the fifteen-days period, the client rejects a sending, LANDATEL DE MÉXICO S.A. DE C.V. will proceed to issue an invoice for an amount of 40 US$ + Taxes in concept of penalty for non-fulfillment of the contract, without prejudice to the right of undertaking judicial or extrajudicial actions, with the purpose of compensate the damages it had suffered.
6. Guarantee: application conditions
a) The equipment manufactured by LANDATEL DE MÉXICO S.A. DE C.V. (AirGiga, MikroPoint and Custodius) has a two-year guarantee according to the valid regulation, and this guarantee will be supplied by their manufacturer. The guarantee also includes the pieces and labor necessary for the repair of the damaged equipment, as well as the preconfiguration of the equipment if it had been contracted by the client at the moment of the purchase.
The installations that LANDATEL DE MÉXICO S.A. DE C.V. would have done have a two-year guarantee, only for those faults related to defects in the installation execution.
b) LANDATEL DE MÉXICO S.A. DE C.V. does not guarantee third party products.
c) Neither the equipment nor the installations guarantees include the transportation to the client address. If transportation is required, the client will have to request a maintenance contract at the purchase moment, or after it, in which case there will be a waiting period of fifteen days for that service.
d) Neither the equipment nor the installations guarantees include the dismantling and posterior assembly of the equipment or damaged equipment in its working place. If the dismantling and assembly were necessary, the client will have to request a budget, or a maintenance contract at the purchase moment or after it, in which case there will be a waiting period of fifteen days for that service.
e) The guarantee does not include substitution equipment, except in the cases that the service would have been contracted at the purchase moment.
f) The guarantee will not apply in the case that the client has opened or broken the safety seals, or over the equipment that would have been damaged by maintenance, inappropriate usage or treatment, falls, vandalism or similar actions.
g) The guarantee of LANDATEL DE MÉXICO S.A. DE C.V. will not extend to the damages caused to the product by exogenous causes, as well as environmental alterations, accidents or damages during the transportation (with no prejudice of the clause number 6 of this General Conditions), computer security attacks (virus, cracking), client software or third parties software, defects related to the location or installation, or badly adjusted power supply, among other of analogous nature; neither it will cover any complaint related to the performance, useful life or products quality.
h) Unless there is a written agreement expressing otherwise, LANDATEL DE MÉXICO S.A. DE C.V. does not guarantee the suitability of its products for specific uses or performance the user decides to give them or obtain from them. Neither has it guaranteed a non-malfunctioning operation.
i) The guarantee will not be applicable if the client has a debt with LANDATEL DE MÉXICO S.A. DE C.V. , being its payment an essential condition to obtaining the guarantee coverage.
7. Guarantee: Repair process
a) The repair process, according to the guarantee, is held in three levels:
- Level 1. Communication of the anomaly through an email to email@example.com. Once the notification has been studied, the technical experts of LANDATEL DE MÉXICO S.A. DE C.V. will address to the client by written means or via a phone call to try to solve the problem with no need of sending the equipment.
- Level 2. Sending of the equipment. Once the ways mentioned at level 1 have been used, the client will send the equipment to LANDATEL DE MÉXICO S.A. DE C.V. previous request of the corresponding RMA number (see the conditions for equipment devolution under clause 9). Once it is received, the technical experts of LANDATEL DE MÉXICO S.A. DE C.V. will proceed to its examination and to verify its possible damage.
- Level 3. Sending to the manufacturer and devolution to the client. After the verification of the damage and the state of the safety seals, LANDATEL DE MÉXICO S.A. DE C.V. will proceed to the sending of the equipment to its manufacturer together with the necessary documentation and description in the language designated by the manufacturer. The sending will be made once per month, so many days can pass by until the equipment is sent to its manufacturer. Once repaired or substituted, the unit is sent to LANDATEL DE MÉXICO S.A. DE C.V. that immediately sends it to the client.
b) LANDATEL DE MÉXICO S.A. DE C.V. offers to its clients the possibility of hiring the Replacement Guarantee service (see its description under clause 14 of this General Conditions) and avoid the delays in the installation operation.
c) If during level 2 inspection, a client manipulation is detected, causing the damage or malfunction for configuration mistakes, LANDATEL DE MÉXICO S.A. DE C.V. will invoice the client the amount of 40 US$ + VAT in concept of verification time and damage solving. The payment of that amount will have to be made before the devolution of the equipment to the client.
8. Replacement Guarantee
a) With the purpose of avoiding delays in the solution of damages and keeping the operation level of the equipment, LANDATEL DE MÉXICO S.A. DE C.V. offers the possibility to its clients of hiring the Replacement Guarantee Service. That service consists of the immediate substitution of the equipment sent with the corresponding RMA number.
b) Through this service, LANDATEL DE MÉXICO S.A. DE C.V. compels itself to have in stock equipment of the same or superior category of those hired by the client, for its immediate replacement once the damaged equipment has been received.
c) The Replacement Guarantee Service must be hired at the purchase, specifying the serial numbers of the included equipment in the invoice.
d) The Replacement Guarantee could only be applied simultaneously to the number of units hired at the purchase, it means that, if the client hires the replacement guarantee only for one equipment, then he/she will only be able to send one of the equipment listed in the invoice, if he/she hires two simultaneous equipment, will be able to send two, and so on.
e) If the equipment has been in use for less than a month, LANDATEL DE MÉXICO S.A. DE C.V. will send a new unit of the same or superior quality as a substitution. If the equipment has been in use for more than a month, LANDATEL DE MÉXICO S.A. DE C.V. will send a unit of a similar or superior quality that might have been previously used.
f) Having hired the Replacement Guarantee Service, if the equipment failure allows its operation and its service level is critical, the client will be able to request to LANDATEL DE MÉXICO S.A. DE C.V. the previous sending of the substitution in order to have the least impact. In this case, the client will have to make a deposit corresponding to the value of the equipment, which will be refunded once the damaged unit has been received.
9. Post-sales services
LANDATEL DE MÉXICO S.A. DE C.V. makes available to its clients the following post-sales services:
Free. It is made through the electronic media that LANDATEL DE MÉXICO S.A. DE C.V. offers to its clients: webpage, online chat, email.
Telephonic payment. It is made through one of the telephone support packages of one, five or ten calls, or through the three-monthly, half-yearly or yearly support contracts.
Presential Payment. It is made through the hiring of in situ technical assistance.
10. Customer Service
a) In order to solve any doubt, incident or complaint related to any order, product or service acquired, LANDATEL DE MÉXICO S.A. DE C.V. makes available to its clients a Client Attention Service, Calle Municipio de Tepezalá 112, Parque Industrial del Valle de Aguascalientes, CP 20300 en San Francisco de los Romo, Aguascalientes, México email firstname.lastname@example.org.
b) If the user requested any product repair according to the guarantee, it will be proceed according to the stated under clause 13.
c) For any complaint, as a first step the client will turn direct to our Customers Support Service, which will process the complaint within 10 days from its reception. If our service was not able to provide with a solution to the client within the specified term, it will inform him/her about it and will set a new term of thirty days for such purposes. If the client was not satisfied with the proposed solution received from LANDATEL DE MÉXICO S.A. DE C.V. ., then he/she will be in position to scale his/her complaint to the corresponding instance for conflict resolution referred in this General Conditions.
d) LANDATEL DE MÉXICO S.A. DE C.V. will file the main incidents record related to each complaint received from its clients, in order to offer them a more complete guarantee.
11. Applicable regulation and conflicts resolution
a) Without prejudice to the legally recognized rights of those clients with a consumer condition, the present General Conditions and their interpretation, as well as any lawsuit derived from the contract between LANDATEL DE MÉXICO S.A. DE C.V. and its clients will be ruled by the Spanish legislation.
b) With an express renounce to their privileges, the parties submit themselves to the jurisdiction to the Courts and Tribunals of Aguascalientes (Mexico).