General Terms and Conditions of Sale (GTC) - ProPadelKit

General Terms and Conditions of Sale (GTC) – ProPadelKit

Work Acceptance

The acceptance of the work is carried out in the presence of the client or their representative, allowing verification of the conformity of the installations. Any reservations must be notified in writing within 48 hours following acceptance. Failing this, the work shall be deemed compliant.

Ownership of Installations

The installations remain the property of ProPadelKit until full payment of the order is received. In case of non-compliance with payment deadlines, ProPadelKit reserves the right to retrieve the delivered and installed equipment.

Delivery Conditions

Indicative Deadlines: The delivery times are provided for informational purposes only and may vary depending on weather conditions, material availability, or other unforeseen circumstances.
Access Difficulties: The client must ensure free and adequate access to the installation site. Any unforeseen obstacles may lead to additional costs or a postponement of the work.
Force Majeure: In case of adverse weather, strikes, or any other unforeseen event, ProPadelKit cannot be held liable for any delays.

Warranties

ProPadelKit commits to delivering equipment compliant with current standards, offering the following warranties:

Metal structure & paint: 2 years
Artificial turf: 2 years
Tempered glass: 5 years
LED lighting: 5 years

Warranty Exclusions:

Damage caused by improper or non-compliant use.
Unauthorized modifications without ProPadelKit’s approval.
Normal wear and tear or lack of maintenance.

Maintenance of Installations

The client is responsible for the regular maintenance of the installations. ProPadelKit offers customized maintenance contracts to extend the lifespan of the equipment and ensure optimal performance.

Modifications During Work

Any modification request made after the initial quote validation will require a written amendment, along with cost and deadline adjustments.

Limitation of Liability

ProPadelKit cannot be held liable for:

Indirect or intangible losses.
Damage caused by external events (weather, vandalism, etc.).
Delays due to force majeure.

Administrative Formalities

The client is responsible for obtaining all necessary permits and authorizations (e.g., building permits, municipal approvals) before work begins. ProPadelKit will not be held responsible for any delays or penalties due to missing administrative documents.

Intellectual Property Rights

All documents, plans, and visuals provided by ProPadelKit remain the exclusive property of the company. Any reproduction or distribution without written authorization is strictly prohibited.

Non-Compete Clause

To protect its interests, ProPadelKit requires its subcontractors and partners to refrain from directly soliciting its clients for similar services for a period of two years.

Dispute Resolution

In the event of a dispute, both parties commit to seeking an amicable resolution before initiating any legal proceedings. If no agreement is reached, the dispute will fall under the exclusive jurisdiction of the courts at ProPadelKit’s registered office.

Special Work Conditions

Any unreported obstacles or difficulties that impact the execution of the work may result in additional costs, which will be communicated to the client before proceeding.

Legal Formalities

All administrative and technical formalities (e.g., work declarations, building permits) required for padel court installation are the client’s responsibility. ProPadelKit disclaims any liability for errors or omissions made by the client in these procedures.

Penalty Clauses

Order Cancellation: If the client cancels the order after quote approval, any deposit paid will be retained by ProPadelKit as compensation.
Interruption of Work: If the work is halted due to the client, the cost of materials and supplies already committed will be invoiced, along with a penalty of 15% of the total initial contract price (incl. VAT).

Intellectual Property

All content (plans, quotes, technical documents, designs) provided to the client remains the exclusive property of ProPadelKit. These documents may not be reproduced or used for commercial or personal purposes without prior written authorization from ProPadelKit.

Use of Project Images

Unless otherwise explicitly requested by the client, ProPadelKit reserves the right to use photos of completed installations in its commercial communications (website, brochures, etc.). No financial compensation will be granted for this usage.

Warranties and Exclusions

Metal Structure

The metal structure of the courts is guaranteed for 2 years against manufacturing or assembly defects.
This excludes:

Improper use or unauthorized modifications.
External events such as vandalism, severe weather, or accidents.

Artificial Turf

The turf is guaranteed for 2 years, provided that maintenance instructions are followed.

Glass Panels

Glass components are guaranteed for 5 years against manufacturing or installation defects. Breakage caused by external impacts is not covered.

Lighting

Installed LED lighting is guaranteed for 5 years, including technical defects related to installation or manufacturing.

Claims and Exclusions

Claim Procedure

For any warranty claim, the client must notify ProPadelKit in writing, providing detailed information and photographic evidence of the reported damage.

Warranty Exclusions

Warranties become void if:

Equipment has been modified or misused.
Maintenance instructions have not been followed.

Modifications & Additional Work

Any modification or request for additional work during installation must be approved in writing by the client and will result in an additional quote.

Exclusions from Warranty

The warranty does not apply in the following cases:

Damage caused by external events, such as:
- Fire, explosions, floods, storms, earthquakes, or any other extreme weather conditions.
- Vandalism, break-ins, or negligence by the client.
Unauthorized modifications or repairs made by third parties not approved by ProPadelKit.
Failure to comply with maintenance instructions provided by ProPadelKit.
Normal material wear and tear or aging due to heavy use or extreme conditions.
Deterioration due to faulty electrical or structural installation performed by the client or an unauthorized third party.

Claims Procedure

To file a warranty claim, the client must notify ProPadelKit by registered letter with acknowledgment of receipt, including photographic or documentary evidence of the reported defects.

ProPadelKit reserves the right to:

Inspect the concerned installation on-site to verify the validity of the claim.
Proceed with repair, replacement, or an equivalent compensation, depending on the nature of the defect reported.

In case of confirmed liability, ProPadelKit will cover only the costs related to the repair or replacement of defective components. Indirect costs (e.g., business losses) are not covered.