Cuppone Tiziano KTZ 230, Installation, Use And Maintenance Manual

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Ed. 0121 -  70702700 REV03     Tiziano hood - Pre-installation - Installation

Warranty

•  8.1 Each Product sold is to be considered compliant when 

delivered in the quantity, quality and type indicated in the 

written Confirmation. Please refer to the provisions of art. 1.1.

•  8.2 The Seller warranties:

•  (a)  that the Products are free from defects in material and 

workmanship, and

•  (b)  that (except in the case of defects known or to be 

known by the Buyer) the Products are of merchantable 

quality.

•  8.3 Any hidden defects of the Products must be reported in 

writing by the Buyer within 8 days of discovery, under penal-

ty of forfeiture. Packaging defects are excluded - even if they 

have caused defects or damage to the internal Products; in 

fact, packaging defects have to be reported at the time of 

delivery, pursuant to art. 5.8 of the present General Condi-

tions of Sale.

•  Written notices by the Buyer for the Products defective shall 

contain a full description of the defects and faults as well as 

the mention of the delivery date and that of defect discovery 

of the Products.

•  Warranty is excluded if the defect derives from the Buyer’s ac-

tions, such as (and not limited to) incorrect installation of the 

Product, use of the Product in a manner that does not comply 

with the normal method of use, failure to comply with the 

instructions contained in the “user and installation manual”, 

tampering with the Product. Warranty does not cover normal 

wear and tear of the Product due to use.

•  The seller is responsible for defects that occur within one year 

from the activation of the warranty as provided for in art. 8.12 

of the present General Conditions of Sale.

•  8.4 The Seller shall have the right to examine, or have a rep-

resentative examine, the defective Product and, should the 

existence of the defect be ascertained, the Buyer shall be en-

titled to repair or replacement, at the sole final decision of 

the Seller.

•  Once the defect is reported, the Buyer must not use the Prod-

uct until it is examined by the Seller or by their deputy. In case 

the Seller realises that the Product was used after the notifi-

cation of the complaint, the Buyer loses the right to obtain 

replacement or repair.

•  8.5 Replacement or repair will take place under the following 

terms:

•  a) The Seller may repair the defective Products by going - or 

sending a deputy - to the place where such Products are 

located;

•  b) Alternatively, the Seller may repair the defective Product 

at its own factory, or other place chosen by the Seller;

•  c) Or alternatively, the Seller may opt for the replacement of 

the defective Products.

•  In case the repair / replacement of the Products is not pos-

sible, the Seller will pay the Buyer a refund. Such refund shall 

be subjected to quantification, yet must not exceed the price 

paid for the Products. Any compenation for damage is ex-

cluded.

•  8.6 In case of repair of the Products at a place chosen by the 

Seller or in case of replacement of the defective Products, the 

shipment of the Product will be charged to the Buyer who 

must send them, at his own expense and risk, to the place 

indicated by the Seller.

•  8.7 In no case shall the Seller be held liable for any indirect 

or consequential damages and/or loss of profit that the Buy-

er may suffer arising out of or caused by defective or faulty 

Products such as (but not limited to) cancellation of orders by 

customers, penalties for late deliveries, forfeitures or indemni-

fications of whatsoever nature.

•  8.8 The Seller shall indemnify and hold the Buyer harmless 

from any liability or prejudices arising out of defective or 

faulty Products, unless the alleged liability arises from any 

negligent act or’ omission by the Buyer or any failure by the 

Buyer to perform its obligations.  

•  8.9 The Seller shall not be liable for damage to persons and / 

or property that may derive from improper use of the Prod-

ucts and / or from any use, processing or transformation of 

the Products that do not comply with their intended use and 

/ or with the instructions provided by the Seller, except the 

case of gross negligence or wilful misconduct by the Seller.

•  The Seller will also not be liable in the event of damage to 

persons or property or in the case of malfunction or damage 

or deterioration of the Product deriving from the fact that the 

Product has been connected to a non-compliant electrical 

system.

•  8.10 The Buyer shall not be able to raise any claim for personal 

injury or damage to property other than those which are the 

subject of the contract, or for loss of profit, unless it is clear 

from the circumstances of the case that the Seller committed 

“gross negligence” .

•  8.11 “Gross negligence” shall not include any and all lack of 

adequate care and expertise, but it is to be intended as an 

act or omission by the Seller which implies either a failure to 

consider any serious risk that a conscientious supplier would 

normally have foreseen as likely to occur, or a deliberate ne-

glect of any risk deriving from such act or omission.

•  8.12 The validity of the Warranty hereto referred is subject 

to activation on the website www.cuppone.com within 48 

hours after the time the Product is installed.

Spare parts

•  9.1 Until and within 10 years as of the delivery of the Prod-

uct, the Seller undertakes to assist the Buyer in identifying 

the spare parts for the maintenance of the Product (if it is so 

requested by the Buyer). In any case, the Seller is in no way 

responsible for the failure to identify such sources.

Applicable law and multi-step clause

•  11.1 The Italian law, as the law of the Seller, shall govern the 

sale under the present Terms and Conditions of sale.

•  11.2 Both the Seller and the Buyer exclude the application of 

the Vienna Convention.

•  11.3 The parties shall defer the disputes arising out of the 

present contract to a mediation attempt managed by the 

Service of Mediation of the Chamber of Arbitration of Milan.

•  If the mediation attempt fails, all disputes - included those of 

not contractual nature - arising out of, related or connected 

to the present General Conditions of Sale shall be settled by 

arbitration under the Rules of the Chamber of Arbitration of 

Milan (the Rules), by a sole arbitrator / three arbitrators, ap-

pointed in accordance with the Rules, which are deemed to 

be incorporated by reference into this clause. The Arbitral Tri-

bunal will judge according to the Italian law. The seat of the 

arbitration will be in Milan (Italy). The language of the arbitra-

tion will be Italian.