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17
WARRANTY FOR TECNICOMAR EQUIPMENTS
The General Terms and Conditions of TECNICOMAR S.P.A. (Manufacturer) apply as a matter of course within the
bounds of statutory warranty obligation, insofar as nothing else has been agreed in writing in the contract of sale.
The Manufacturer warrants the quality of the Products for a period of 12 (twelve) months following the date of the putting
into operation (start-up) of the Products, under the condition that the relevant start-up card has been filled in and sent to
the Manufacturer within 8 (eight) days from the stat-up of the Products, failing which no warranty shall apply.
Without prejudice to the above-mentioned condition, it is in any event understood that under no circumstances the
warranty period shall exceed 18 (eighteen) months as of the date of delivery of the Products to the Buyer.
The warranty shall be subject to the Buyer duly informing the Manufacturer in writing, within 8 (eight) days following
the discovery thereof, of the detected failure, indicating type, model and serial number of the defected Products or parts
of Products (it being understood that the warranty shall not be extended to those parts where serial number is missing or
erased), failing which the Buyer shall lose its rights under the warranty in respect thereof.
The warranty consists in either the repair or replacement, at the Manufacturer’s sole discretion and at its expense (EXW
TECNICOMAR S.P.A. (Incoterms 2010), excluding transportation, freight and/or importation costs relating to the
warranty management), of the Products which may prove to be broken or defective due to manufacturing defects. The
Manufacturer shall replace or repair the defective parts in the shortest time possible (to be determined on a case by case
basis).
The warranty does not cover: the natural wear and tear of the Products and damage resulting therefrom (including but not
limited to the corrosion due to galvanic current); consumables (such as gaskets, fittings, fillers); spare parts; parts which
can be repaired or corrected with minimum action, such as changing of seals, tightening or adjusting etc.; all those defects
which may arise due to transportation, improper use, inappropriate storage or maintenance of the Products and/or to any
conducts or acts which are not in line with the instructions and warnings supplied by the Manufacturer; any defects in
materials provided by the buyer or a third party or any defects arising out of a design provided and agreed by the Buyer
or its representatives; any costs such as labour cost for assembling/disassembling the defective Products, travel costs,
importation, insurance and similar costs, even when said activities are carried out by the Manufacturer, its dealers,
distributors and/or at the Manufacturer’s authorized technical service outlets (in which case any of such costs and expenses
shall be charged to the Buyer); any transportation, freight, importation or insurance costs, downtime costs etc.
The warranty of the replaced or repaired parts expires at the same time as the original warranty of the supplied Products.
No claim shall be considered, and warranty shall be considered null and void, if:
1.
other than the parts supplied by the Manufacturer have been used within the Product and system components as
replacement parts or accessories;
2.
the Product has been installed using different procedures and materials other than those described in the User’s
Manual, without a written authorization by the Manufacturer;
3.
the Product has been repaired or modified by personnel not authorized by the Manufacturer;
4.
the maintenance standards suggested by the Manufacturer have not been respected;
5.
the Product has been required to deliver superior or different performance than the one for which it was designed and
supplied.
The Buyer shall retain the Products or relating parts claimed as defective for three (3) months, even for the Manufacturer’s
inspection, and the Buyer, on the Manufacturer’s request, shall send at its own expense said claimed Products or parts to
a destination designated by the Manufacturer. The defective Products or parts, after replacement, shall become the
property of the Manufacturer.
Under no circumstances and in no condition the Manufacturer’s liability under these warranty terms shall exceed the
original value of the supplied Products (
i.e.
the price received by the Manufacturer). The Manufacturer shall not be liable
for any direct or indirect damages (including, for example but without limitation, consequential, special or incidental
damages or damages of a punitive nature).
This is the only warranty applicable to the Products and expressively replaces any other warranties, expressed or implied,
including any other warranties or liabilities against vices or defects, hidden or otherwise and any other obligation or
liability whether in contract or in law.
17.1
WARRANTY CLAIM
Any claim shall be made by delivering the part for inspection to a Manufacturer’s authorized dealer or by giving written
notice to the Manufacturer (
- Fax +39.0923.960235) in order for the latter to arrange for any necessary
inspection and subsequent repair or replacement (which may be conducted at the Manufacturer’s facilities), provided that
such services are due under this warranty.
RETURN PRODUCT TO TECNICOMAR S.P.A. ONLY AFTER HAVING RECEIVED WRITTEN
AUTHORIZATION INCLUDING THE ASSIGNMENT OF A RETURN MATERIAL AUTHORIZATION
NUMBER. THIS NUMBER MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE BOX USED FOR
SHIPPING.
Buyer shall pay for all related labor and materials and any shipping, transportation and other expenses associated with the
above services.
