General warranty conditions
Conformity
The Supplier shall guarantee conformity of the products supplied, which shall mean that they are without defects in their materials and/or processing and that they correspond to the provisions of the specific contract agreed to by both parties.
Duration
The duration of the guarantee shall be twelve months counting from the delivery of the products and, for substituted products or components, from the day of their substitution.
Returns
Within this period the Supplier to whom the Customer has reported in writing the existence of evident defects no later than eight days from their delivery and the existence of hidden defects no later than eight days from their discovery shall undertake, at his choice, to repair or substitute free the products or parts thereof which have proved to be defective. The return of not conforming goods shall be always authorized in writing by the Supplier and shall have to keep the original packaging.
Replacements and Repairs
The substitutions or repairs shall as a rule be carried out ex-works: the costs and risks for transport of faulty products shall be at the Customer’s expense. However, if the Supplier, in agreement with the Customer, deems it more appropriate to carry out the necessary work for substitution or repair on the Customer’s premises, the latter shall bear the travelling and accommodation expenses of the technical staff made available by the Supplier and shall supply all means and auxiliary staff requested for carrying out the operation in the quickest and safest way.
Decadency
The guarantee shall cease whenever products have not been correctly assembled or used, or have received insufficient maintenance or have been modified or repaired without the Supplier’s permission. Moreover, the Supplier shall not be held responsible for the conformity defects of the products caused by the ordinary wear of those parts which are normally subject to continuous and rapid wear.
Liability of the supplier
Functioning
The Supplier shall be solely responsible for the good operation of the hydraulic and pneumatic equipment supplied as regards features and performances expressly indicated by himself. He shall not, however, assume any liability for any faulty operation of machines or systems made by the Customer or third parties with hydraulic and pneumatic components from the Supplier even if the individual hydraulic and pneumatic equipment have been assembled or connected according to diagrams or drawings proposed by the Supplier, unless such diagrams and drawings have been the subject of separate remuneration, in which case the liability of the Supplier shall in any case be limited to what is contained in the above/mentioned drawings or diagrams.
Refund
In any case, outside the strict and imperative cases provided by current legislation regarding the liability of the Supplier, and except what provided by the art. 1229 of the Italian Civil Code, the Customer shall not be able to request compensation for direct and indirect damage, loss of profits or production, nor shall he be able to claim entitlement to compensation of sums in excess of the value of the equipment supplied.