D2 Series
User Guide, Rev. 00 (Feb 2015)
7
Warranty - Liability of the Product
Supplier represents and warrants that products are manufactured in accordance with the applicable
specifications and are free from defects in materials and workmanship. The warranty, valid for a
period of 12 months of use, maximum 18 months from the date of delivery, shall not cover defects
caused by accident, Buyer’s negligence, improper use or maintenance or by any other reason beyond
Supplier’s control.
Buyer shall have 10 (ten) working days following receipt of products to inspect the products and to
notify to Supplier in writing any defects or non-compliance. In the event that any shipment of
products is not accepted by Buyer due to any non-conformity with the specifications, or as a result
of a cause occurred prior to placement thereof with the carrier, Buyer shall, if so indicated in writing
by the Supplier, promptly return some samples or the full shipment that was rejected by Buyer at
Buyer’s costs.
Supplier, at its own discretion, shall, within a reasonable period, considering the entity of the
complaint: (i) send a replacement shipment of products conforming, or (ii) credit Buyer a sum equal
to the value of the defective or non-conforming products. This warranty overwrites all legal
warranties for defects and compliance and exempts Supplier from any other responsibility for the
supplied products; in particular, Buyer shall not be entitled to any requests for compensation or
price reductions.
If one of the products sold by the Supplier to the Buyer is defective, the Buyer will send it, at its own
expense, at the headquarters of the Italian Supplier. The product will be repaired or replaced by the
Supplier, at no costs to the Buyer.
The Buyer will pay all the shipping costs for the product repaired or replaced and sent back to the
Buyer.
The Buyer will bear all costs related to disassembly, assembling and transportation of the product,
and any damage caused by the "machinery inactivity".
Supplier shall indemnify Buyer against any liability of the products claims asserted by third parties
relating to damages sustained as a result of a defective products. In such case Supplier shall
reimburse Buyer exclusively within the limits, terms and conditions of the products liability insurance
policy held by Supplier. Buyer shall not make any oral or written representations which vary from
the specifications, operating instructions, labels or representations given or made by Supplier with
respect to the products. If any liability is incurred because of such varying representations, Buyer
holds Supplier harmless with respect to any such representations.
In no event shall Supplier be liable for any indirect, incidental, exemplary or consequential damages,
including without limitation any claim for damages based on lost revenues or profits, however
caused.
In no event shall the Supplier be liable for any costs or damages arising from any act or omission of
Buyer, including, without limitation, relating to the modification, handling, storage and marketing
of Products by Buyer or to Buyer’s failure to provide its employees, agents and customers or other
third parties with adequate instruction as to the proper handling and use of Products.
In this respect we hereby confirm that our products are not designed for nuclear applications neither
for aircraft/aerospace industries. For the above mentioned applications both warranty and insurance
coverage do not apply.
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