The Seller guarantees its products against material or processing defects under normal conditions of use. The warranty covers a 12 (twelve) month period from the ex works delivery date of the Products and cannot be suspended for any reason whatsoever, not even for non-use of the product, even if due to repairs effected under the warranty, nor in case of interventions by the Seller effected under the warranty. The Seller’s unquestionable decision to extend the warranty beyond said period (if applicable) does not prevent the Seller from relying on the expiry and termination of the Customer’s rights.
The Seller does not acknowledge any other implicit or explicit warranty in favour of the Customer, and the latter expressly renounces any conventional or legal warranties. At all events, the warranty does not cover defects due to normal consumption and wear, such as, for example (but not limited to): cutting tools, bushings, bearings, belts, seals, oil, PTO transmissions, flexible cables, hydraulic pipes, injury protection devices.
In no case shall the warranty cover: products on which the identification number or trademark have been altered or defaced; defects stemming from incorrect assembly or installation of the Products by the Customer or third parties; defects caused by failure to observe the instructions and technical precautions provided by the Seller at the time of the sale; insufficient maintenance of the Products; improper use or use other than the normal operating methods and/or instructions of the Seller; normal consumption or wear; transport from the place of delivery to the final destination; misuse or incorrect storage; fire, force majeure and any other unexpected event not imputable to the Seller. The warranty is voided and nothing may be demanded from the Seller if the Customer or third parties carry out modifications, repairs, additions, replacement of components and/or interventions on the Products without the Seller’s written authorisation. The presence of any hidden defects must be reported by
the Customer within 8 days from their discovery, or the warranty is voided, by filling in the request for intervention form provided by the Seller at the Customer’s request. If the Seller does not receive any form after said deadline, the supply is regarded as accepted without reserve by the Customer, and the latter will not be entitled to request interventions covered by warranty from the Seller. The expenses for inspections authorised by the Seller, including labour expenses, shall be borne by the Customer.
If the Customer fails to attend the inspection without providing adequate notice, the Seller shall be entitled to charge the Customer the cost of the intervention, even if no work is performed. If the Customer promptly reports a defect during the warranty period, the Seller exclusively agrees to supply the defective part free-of-charge or, alternatively - at the Seller’s discretion and in conformity to the latter’s technical standards - to refund the cost of the defective part.
The warranty (if any) shall only be acknowledged once the defective part has been received and checked in the factory. The costs for transporting the part to the Seller, as well as packaging and labour costs, shall be borne by the Customer. The Seller declines all liability for damages of any nature caused by delayed delivery, breakage of the Products or parts of the latter, and use of the Products themselves. The acknowledgement of the warranty and the replacement of the part by the Seller constitute the mere fulfilment of the warranty obligations by the Seller, and do not give rise to new and/or different obligations on the part of the Seller.
The Customer may not demand any other form of intervention covered by warranty and/or further compensation, not even in case of warranty provided by the Seller or for machine downtime and/or for any other reason. The Seller shall not be responsible for direct and/or indirect, accidental or consequential damages stemming from the defective nature and/or non-conformity of the Products, as such requests are expressly waived by the Customer. Any claim or legal action undertaken by the Customer does not in any way constitute grounds for suspensions or delays in the payments due as a result of the sales contracts. set forth in Articles 7, 8 and 9 of (Italian) Legislative Decree no. 196 of 30th June 2003 and, in particular, may obtain the updating, rectification or deletion of the relevant data at any time.