General conditions of supply

Dear Client!

The mission of TELEGRUPP AS is to sell, install and maintain sustainable systems of high quality that provide long term customer satisfaction and keep serving the clients long after the expiry of the warranty period.

Please do not hesitate to contact us by e‑mail at tehnika@telegrupp.ee or by phone no (+372)6800888, should you incur any problems with the solutions and services that we have provided.

For the validity of the warranty it is essential that you have read the terms of maintenance, operation and warranty and adhere to the conditions and limitations stipulated therein.

GENERAL TERMS

The present General Conditions govern provision of services by TELEGRUPP AS, warranty for the installation services, warranty for the low-current equipment (hereinafter LCE) and services sold to the Client (hereinafter TELEGRUPP AS and Client collectively referred to as Parties), fixing the deficiencies and liability of the Parties.

For the purpose of the General Conditions the following shall be comprised by LCE: computer network devices, security systems, video surveillance systems, entrance systems, automatic fire alarm and fire extinguisher systems, telephone systems, TV distribution network systems, voice systems, conference systems, medical call systems.

Services comprise all services provided by TELEGRUPP AS (hereinafter Services).

Installation works comprise all works that are minimally necessary to hand over a working system that serves a certain purpose. Works covered with warranty do not include configuration of LCE or altering its settings.

Any additional agreements concluded between the parties prevail over the present General Conditions only in those parts that contradict General Conditions. The rest is covered by General Conditions.

The present General Conditions are available to everyone at the URL www.TELEGRUPP.ee/GCoS. TELEGRUPP AS retains the right to amend the General Conditions without prior notifications and such amendments shall be applicable in respect of all clients as of the date of publication of such amendment on the web-page stipulated above.

Contractor Agreement, Services Agreement, Sales Agreement, Device Rental Agreement and General Conditions govern the relations between the Parties in the stated order of priority. In case of equivalent documents a latter stipulation abolishes an earlier one.

USAGE OF SERVICES

Agreement concluded between the Parties shall form the basis for the usage of services. Agreement governs communication between the Parties, their rights and obligations and determines the Services of TELEGRUPP AS that the Client uses.

Should none of the Parties request written conclusion or amendment of the Agreement with a signature, the Parties may conclude or amend it in any other form. TELEGRUPP AS is at any time entitled to require the formalization of the Agreement, despite the form of its original conclusion, by means of signing a uniform document.

TELEGRUPP AS is entitled to require the Client to submit the declaration of intention in a written form.

Obligation to pay also applies to such extra services not expressly mentioned in the Agreement that have been provided in the interest and upon the request of the Client in connection with already purchased services. Obligation to pay extends to expenses that are necessary and connected to the business relation (e.g. transportation, communication and postal expenses).

TELEGRUPP AS is entitled to set a limitation to the credit, upon the exceeding of which the Client is deemed to be in debt for the purchased Service. TELEGRUPP AS undertakes to inform the Client promptly upon the conclusion of Agreement or introduction of such a limitation.

TELEGRUPP AS and the Client may agree upon an upfront payment and payment warranties as a prerequisite for the provision of the Services by TELEGRUPP AS.

In case the Client has not received an invoice for LCE or Services according to Agreement, the Client is obliged to contact TELEGRUPP AS in order to receive and invoice duplicate.  Client shall not be released from the obligation of due payment for the invoice if the latter has not received the invoice but failed to notify TELEGRUPP AS thereof.

TELEGRUPP AS reserves the right unilaterally and without any sanctions resulting thereof to TELEGRUPP AS to suspend the Agreement, provision of Services or delivery of LCE in case of undue payment for invoices or other essential breach of Agreement by the Client. Client shall bear the costs for recommencement of Services provision.

OBLIGATIONS OF THE PARTIES

Client undertakes to use Services and LCE only according to their purpose and in a manner that will not cause damage to TELEGRUPP AS or any third parties and that does not contradict law or good morals.

Client is responsible for fulfillment of obligations resulting from the usage of the Services of TELEGRUPP AS and of LCE, regardless if the Services of TELEGRUPP AS have been consumed by the Client or by the third party to whom the Client has provided the opportunity to use such Services.

TELEGRUPP AS undertakes to inform the Client within reasonable time but not less than five (5) working days about all known and planned repair and maintenance works that may impact the use of the Services of TELEGRUPP AS or of LCE by the client.

TELEGRUPP AS undertakes not to disclose partly or in full to third parties information, correspondence or voice conversation recordings connected to the Client without the prior authorization of the latter, except for the cases provided in the General Conditions or by law.

COMMUNICATION

TELEGRUPP AS is entitled to record voice conversations with the Client for the purposes of their later usage as evidence. For the purposes of reciprocal notification the Parties shall resort to e-mail or other means on electronic communication that enable reproduction. Parties hereby agree that agreements reached by means of phone conversations and e-mail are binding as long as it is possible to reproduce them.

NON-DISCLOSURE. CESSION OF CLAIMS

Information regarding legal relations between TELEGRUPP AS and the Client is confidential. TELEGRUPP AS undertakes not to disclose to third parties information connected to the Client, unless the Client has agreed to that in the Agreement or if obligation for disclosure stems from law.

TELEGRUPP AS is entitled to disclose information that is necessary for the debt recovery against the Client to debt recovery agencies, mail and credit status information companies or in connection with court proceedings.

TELEGRUPP AS is entitled to a cession of its claims to any third party in connection with debt recovery against the Client. Client is obliged to reimburse to TELEGRUPP AS the costs incurred by TELEGRUPP AS or the third party in connection with debt recovery.

WARRANTY AND USAGE ON LCE

A warranty period of at least twelve (12) months applies to LCE delivered, sold or installed by TELEGRUPP AS.

In case the warranty of the producer differs from the stipulations of General Conditions, the former shall prevail.

Limitations of LCE warranty as prescribed by the producer prevail over the present General Conditions.

A two (2) year warranty period applies to installation works, unless otherwise prescribed by law. The warranty period commences as of the date stated on the instrument of delivery and receipt, signed by Parties. If no such instrument has been concluded, the warranty period commences as of the date of the respective purchase invoice.

Singing the instrument of delivery and receipt or payment of the purchase invoice marks the fact that the Client has agreed to the General Conditions of Warranty.

Warranty shall not be valid in the following cases:

- If flawless functioning of LCE presupposes periodic maintenance and the malfunction has been caused by the failure to maintain the LCE according to requirements.

- LCE malfunction has been caused by power interruption, voltage fluctuations, forces of nature (e.g. lightning, flood), environmental factors (e.g. excess humidity, overtly high temperature, low temperature, leakage of condensation) or accidents (e.g. fire, explosion).

- Client has used LCE in breach with operational conditions.

- LCE has been mechanically damaged.

- LCE malfunction has been caused by the penetration of foreign objects, substances, fluids or insects into the inner parts on LCE.

- LCE malfunction has been caused by usage of disposable material, spare parts or additional equipment that are non standard and/or of a low quality.

- LCE malfunction has been caused by normal depreciation or limited life span of such equipment (incandescent bulbs, cells, batteries, filters, fuses). Cleaning of propulsion mechanisms is also not covered by the warranty.

 

TELEGRUPP AS is entitled to unilaterally suspend the warranty and cancel Service provision, in case the Client has failed duly to pay invoices or fulfill other obligations.

TELEGRUPP AS is entitled to choose whether in course of warranty maintenance the equipment will be repaired free of charge, replaced by new identical equipment or new similar equipment of equal value.

Warranty works are executed at the service centre of TELEGRUPP AS, the location of which can be found at URL www.telegrupp.ee/kontakt. Client is obliged to pay the call service and transportation costs. Equipment and spare parts that have been replaced in course of warranty works remain in the ownership of TELEGRUPP AS.

In case of LCE that is not covered with warranty, TELEGRUPP AS retains the right to request the Client to pay for parts that have been replaced or for repair works.

TELEGRUPP AS shall undertake no liability for direct or indirect damage resulting from LCE to people or assets if such damage was triggered by the breach of installation requirements or operational requirements of such equipment.

The following LCE needs periodical maintenance:

Video surveillance systems

Automatic fire alarm and fire extinguisher systems

Security systems with movement detectors

Medical call systems

Conference systems

Equipment with uncovered moving parts (propulsion mechanisms)

Only persons who have received appropriate training or a company that has been empowered by the producer shall execute maintenance.

APPLICABLE LAW. DISPUTE REOLUTION. LIMITATION PERIOD                        

Parties shall try to resolve all disputes arising out of Agreement by means of amicable negotiations held in good faith. Should the negotiations fail to resolve the disputes, the Parties shall subject their disputes to Harju County Court (Tallinn, Estonia).

Law of the Republic of Estonia shall govern the legal relation between the Client and TELEGRUPP AS, especially the Agreement.

Limitation period to submit a claim regarding any claim arising out of the Agreement and other documents that govern the relation between the Parties is limited to one (1) year.