The Buyer’s request for the product, quantum’ s search for the product and quantum’ s delivery of the product, correspond to the urgent need of the Buyer, who shall use the product quickly.
In these conditions the Buyer needs to promptly check the compliance of the delivery and that there is no apparent damage.
The Buyer is under the obligation upon delivery to check itself or have its carrier or employee check the following items:
● The compliance of the delivery with the order.
● The lack of any apparent damage to the product.
The Buyer’ s sole recourse, to the exclusion of any other, for any reason and in any way whatsoever, and in particular to the exclusion of any damages, in the event of noncompliance or in the event of apparent damage, is to return the product to quantum in accordance with the terms and conditions hereinafter.
The return of the product is subject to the following conditions:
● The Buyer sending quantum, within 24 hours of delivery, a report that stands as evidence, which describes said noncompliance or said damage.
● The Buyer sending quantum, within eight days of the delivery, a letter of claim by registered letter with acknowledgement of receipt, giving the details of said noncompliance or said damage and enclosing (i) a technical test report dated and signed by an independent laboratory or the supplier’ s laboratory or the Buyer’s laboratory as well as ( ii) a set of photos in digital format that clearly and visibly shows up the detail of said noncompliance or said damage that cannot be contested.
◆ quantum’ s prior verification of the regular form of the letter of claim, quantum’ s non rejection of the letter of claim and quantum’ s indication of the “ quantum return reference” . Note that said first verification is made as a preliminary measure and is without prejudice to quantum’ s right to final acceptance or refusal of the return of products as mentioned in the last paragraph hereinafter.
◆ Return of the products under the Buyer’ s responsibility and expense, the Buyer shall bear risks until actual return to quantum.
◆ Return of products in their original packaging, said packaging is in a good condition.
◆ No change in the products.
◆ No damage to the products (apart from the damage covered by the claim).
◆ Indication of quantum’ s return reference.
◆ After return of the products to quantum, quantum’ s express verification of the validity of the claim, by all means at its choice, in particular, by damage survey by an independent laboratory and quantum’ s express confirmation to the Buyer that the claim is fully justified.
The Buyer must have already paid the invoice or the part of the invoice corresponding to the products.
In the event of return in breach of the above terms and/ or in the event of quantum’ s refusal of the claim, the Buyer shall remain responsible for the products at its risks and quantum may return them to the Buyer at the Buyer’ s expense and risks.
In the event of compliant return and in the event of quantum’ s acceptance of the claim, quantum shall try first of all to replace the products and if it is unable to do so it shall credit the price of the products to the Buyer’ s account opened in quantum’ s books.