Terms
Order Terms, Usage Recommendations and Limitation of Liability
1. Commercial Offer and Order Confirmation
1.1. All commercial offers provided are considered preliminary until the order is confirmed.
1.2. An order is considered confirmed only upon receipt of an advance payment.
1.3. Payment of the advance constitutes final confirmation of the decision. After the advance payment has been made, the product parameters, configuration, dimensions or other selected solutions may no longer be changed.
1.4. If the Customer provides the dimensions independently, the Customer assumes full responsibility for their accuracy and any potential consequences.
1.5. Production of the goods and the installation schedule are reserved only after receipt of a 50% advance payment.
1.6. An order for standard pergolas may be cancelled only by written agreement of both parties. Orders for custom-sized or non-standard products cannot be cancelled, and the advance payment made is non-refundable.
2. Installation Conditions
2.1. The Customer is responsible for ensuring that the installation site is properly prepared, including the levelness, stability and structural suitability of the base, except in cases where base preparation is expressly included in the offer.
2.2. During installation, the installers may perform only minimal adjustment of the base using levelling shims. This shall not be considered base preparation work.
2.3. If, upon arrival at the site, it is determined that the installation conditions differ from the information provided by the Customer or that the site is not prepared, including but not limited to the need for additional unloading, dismantling, clearing of the area or similar work, the installation price may be adjusted.
2.4. If the facade or another fixing surface is technically unsuitable or uneven, installation work may be postponed until a suitable surface has been prepared.
2.5. The Customer must inform the Seller in advance about any utilities located in the walls or base, including electrical cables, pipelines and other similar installations. The Customer shall be responsible for any undisclosed utilities.
2.6. The electrical supply must be routed to the installation location before the start of the works, unless the provision of electrical supply is expressly included in the offer.
2.7. Pergolas may be installed on terraces or other bases installed by the Customer; however, the Seller shall not be liable for the load-bearing capacity, stability or any possible future changes of such structures.
3. Acceptance of Works
3.1. The works shall be deemed fully completed and accepted after final payment has been made and the invoice has been issued.
3.2. The warranty period shall commence from this moment.
3.3. The Customer must inform the Seller of any observed defects no later than within 14 calendar days from the completion of the works.
4.Usage and Maintenance Recommendations
4.1. The pergola must be used for its intended purpose and in accordance with the manufacturer’s recommendations.
4.2. During the winter period, it is recommended to keep the pergola louvres open and not to operate them. If the louvres are kept closed, in the event of heavier snowfall it is recommended to periodically remove any accumulated snow from the structure in order to avoid exceeding the permitted loads.
4.3. The permitted loads are published on the website. Deformation of the structure caused by exceeding the permitted loads shall not be considered a warranty case.
4.4. The Customer is responsible for ensuring that no foreign objects, such as branches, leaves or other objects, accumulate in the pergola structure and interfere with its operation.
4.5. It is prohibited to hang or attach heavy objects, such as swings, hammocks or other elements that create additional weight.
4.6. Lightweight elements, such as projectors, light curtains or decorations, may be installed provided that they do not create additional structural loads.
4.7. It is prohibited to lean on, hang from or otherwise mechanically load the pergola legs, beams or structural elements.
5. Warranty Conditions
5.1. Warranty periods:
a) electrical components – 2 years;
b) structure – 5 years;
c) paint coating – 10 years.
5.2. A 12-month warranty period applies to legal entities, unless otherwise provided by applicable legislation.
5.3. The warranty is valid only if the usage and maintenance recommendations are followed.
5.4. The warranty does not apply to:
a) deformation caused by exceeding the permitted loads;
b) damage caused by natural disasters or extreme weather conditions;
c) mechanical damage occurring after installation;
d) improper use or unauthorised modifications to the structure;
e) repairs or modifications carried out by third parties.
5.5. Natural changes resulting from use, such as colour fading due to UV exposure, micro-scratches or surface wear, shall not be considered defects.
6. Limitation of Liability
6.1. The Seller shall not be liable for:
a) damage caused by natural disasters or extreme natural phenomena;
b) loads exceeding the declared technical limits;
c) movement, settlement or deformation of the building or base;
d) damage resulting from improper maintenance or use;
e) damage resulting from information not provided by the Customer or from incorrect information provided by the Customer.
6.2. The Seller shall not be liable for indirect losses, limitations of use or damage suffered by third parties resulting from improper use of the product.
7. Additional Installation and Usage Conditions
7.1. During rainfall, the natural sound of rain may be heard, or water runoff from the structural elements may be visible. This is a structural characteristic of the product and shall not be considered a defect.
7.2. Product colours shown on the website, in offers or in visualisations may slightly differ from the actual product due to lighting conditions, screen settings or manufacturing characteristics. Such differences shall not be considered a quality non-conformity.
7.3. The Customer must ensure free and safe access to the installation site, including vehicle access, a sufficient working area and the removal of any obstructing objects. If installation work cannot be carried out due to an unprepared environment, the works may be postponed and additional costs may be charged to the Customer.
7.4. The installation date may be changed due to unsuitable weather conditions that pose a risk to employee safety or installation quality. Such changes shall not be considered a breach of contract.
8. Additional Technical and Usage Provisions
8.1. When using the pergola, the Customer assumes responsibility for using it for its intended purpose and after assessing the existing weather and environmental conditions. Use of the pergola in extreme conditions or in violation of the recommendations is at the Customer’s own risk.
8.2. Due to manufacturing and material characteristics, minor technical tolerances of the products, approximately 2–4 mm, are permitted and shall not be considered defects. Aluminium structures may naturally expand or contract due to temperature fluctuations; therefore, minor structural movement or sounds may occur.
8.3. A bioclimatic pergola is not a sealed building structure. In strong winds, heavy rain or other extreme weather conditions, water may enter the interior of the pergola. This shall be considered a structural characteristic rather than a product defect.
8.4. Installation works are carried out taking into account the actual geometric conditions of the site. Existing unevenness of the building or base may result in visible gaps, alignment differences or adjustment of the structure to the existing situation, and this shall not be considered an installation or product defect.
9. Force majeure
9.1. The Seller shall not be liable for failure to fulfil obligations or for delay in fulfilling them if this occurs due to force majeure circumstances that could not have been foreseen or controlled.
9.2. Force majeure circumstances include, but are not limited to: natural disasters, extreme weather conditions, fires, floods, war, restrictions imposed by public authorities, supply chain disruptions, transport or logistics disruptions, suspension of production or raw material supply, energy disruptions or other circumstances beyond the Seller’s control.
9.3. In the event of force majeure circumstances, the deadlines for fulfilling obligations shall be extended for a period proportionate to the duration of the circumstances that have arisen.
9.4. Such changes to deadlines shall not be considered a breach of contract or agreement and shall not constitute grounds for claiming compensation for losses.
10. Final Provisions
10.1. The Seller reserves the right to update these terms.
10.2. The latest version of the terms is always published on the website.
10.3. Questions or requests shall be handled by email at: info@nordinpergola.com