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d) The warranty will be valid if the claims and / or defect will be sent within 8 days in
writing form to the manufacturer .
e) The Purchaser shall be waived in any case by the warranty:
-If the vices and / or defects depend on normal wear and tear of the property;
-If the goods delivered is subjected to improper use or use higher than expected from the
contract and the documentation provided with the products;
-If the defects are derived from an assemblage made by the Purchaser that is not in
accordance with the instructions contained onto the manual "Instructions for Use";
-If it does not perform periodic maintenance procedures and strictly in accordance with the
schedule proposed by the Seller;
-If, in the event of any faults and defects, repair and / or replacement of defective parts is
not addressed to the Seller;
-If it does not meet the deadlines of payments.
f) The guarantee provided by BARGAM S.P.A. consists solely of the repair and / or
free replacement of parts and / or parts that present defects and / or defects, with the
express exclusion of the guarantees contained in Articles. 1490, 1492, 1497, 1512 of the
Italian Collection of rules and, as well as the aliud pro alio and the obligation to
indemnify any direct or indirect, immediate or mediate, resulting from defects and
/ or defects themselves. No other recognition will be made as security for labour,
transportation, various interventions, etc.., insofar as they are considered part of the
trade discount granted.
g) The Buyer must send back the defective goods to the BARGAM S.p.A. and the latter
may choose whether the repairing or replacement thereof options. The bonds are
considered the BARGAM S.p.A. fulfilled by delivery to Purchaser of the repaired or
replaced goods.
h) In the event that the BARGAM S.p.A. send products to replace the defective ones
before the receipt of the latter, the buyer must return the tainted products to the
Producer within 15 days of receipt of those substitutes. The goods become the property of
the producer itself. If the Purchaser, except as writing authorized by BARGAM S.p.A.,
does not return the defective products within the mentioned period shall be required to pay
the replacing of the products
i)The costs and risks of shipping the defective product from Buyer's premises to the
headquarters of the BARGAM S.p.A. and the cost of repairs made outside of
establishments BARGAM S.p.A., will be borne by Buyer. Similarly, even the return
cost and the risks of transporting the goods repaired or replaced from the BARGAM
S.p.A. will be at purchaser costs.
