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WARRANTY
5
Warranty conditions
• 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. 1.2.
• 8.2 The Seller guarantees:
• (a) that the Products are free from defects in materials or
workmanship, and
• (b) that (excluding the case of known defects or which
should have been known by the Buyer) the Products are
of marketable quality.
• 8.3 Any hidden defects in the Products must be reported
in writing by the Buyer within 8 days of discovery, under
penalty of forfeiture. Packaging defects - even if they have
caused defects or damage to the internal product - which
had to be reported at the time of delivery, are excluded pur-
suant to art. 5.8.
• The defect report must contain the specific indication of
the defective Products, a detailed description of the type of
defect that the Product has, as well as the delivery date and
that of discovery.
• The warranty is excluded if the defect derives from the Pur-
chaser's actions such as, by way of example, incorrect instal-
lation 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 use and
installation manual, tampering with the Product. The war-
ranty 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 point 8.12.
• 8.4 the Seller will have the right to examine, or have a rep-
resentative examine, the Product and, if this shows the ex-
istence of the defect, the Buyer will be entitled to a repair or
replacement, at the Seller’s sole discretion.
• It is understood that, once the defect has been reported,
the Buyer must not use the Product until it is viewed by the
Seller or its representative. In the event that the Seller realiz-
es that the Product has been used after the complaint, the
Buyer loses the right to obtain a replacement or repair.
• 8.5 Replacement or repair will take place under the follow-
ing terms:
• a) The Seller may repair the defective Products by going
- or sending a representative - to the place where such
Products are located;
• b) Alternatively, the Seller may repair the defective Prod-
uct at its own factory, or other place chosen by the Seller,
• c) Alternatively, the Seller may opt for the replacement of
the defective Products;
• In the event that the repair / replacement is not possible,
the Seller will pay the Buyer a refund to be quantified, a re-
fund which, however, must not exceed the price paid. Com-
pensation for damage is excluded.
• 8.6. In case of repair of the Product at a place chosen by the
Seller or in case of replacement of the defective Product,
the shipment of the Product will be borne by the Buyer who
must send it, at its own expense and risk, to the place stated
by the Seller.
• 8.7 In no case will the Seller be liable for indirect or conse-
quential damages and/or for loss of profits that the Buyer
may suffer as a result of defects in the products such as (but
not limited to) cancellation of orders by customers, penal-
ties for delayed deliveries, penalties or refunds of any kind.
• 8.8 The Seller shall indemnify the Buyer from any liability or
damage arising from defective Products, unless such liabil-
ity derives from the Buyer's negligent acts or omissions or
from the latter's non-fulfilment of its obligations.
• 8.9 The Seller is not liable for damage to persons and/or prop-
erty that may derive from the improper use of the Products
and/or from any use, processing or transformation of the
Products that do not comply with their intended use and/or
the instructions provided by the Seller. Save the hypothesis of
gross negligence or wilful misconduct by the Seller.
• The Seller will also not be liable in the event of damage to
property or injury to people 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-compli-
ant electrical system.
• 8.10 The Buyer will not be able to raise any claim for injury
to people or damage to property other than those which
are the subject of the contract, or for loss of profit, unless
it results from the circumstances of the case that the Seller
has committed "gross negligence".
• 8.11 "Gross negligence" does not include any and all lack of
adequate care and expertise, but means an act or omission
by the Seller which implies either a failure to take into con-
sideration those serious consequences that a conscientious
supplier would normally have foreseen as probably occur-
ring, or a deliberate neglect of any consequence deriving
from such act or omission.
• 8.12 The effect of the warranty referred to in this article is
subject to its activation to be carried out through the web-
site www.cuppone.com within 48 hours after the time the
Product is installed.
Spare parts
• 9.1 For 10 years from delivery of the Product, the Seller un-
dertakes, at the request of the Buyer, to assist him in identi-
fying spare parts for product maintenance. 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 Italian law, as the Seller's law, will govern sales made on
the basis of these General Conditions.
• 11.2 The Parties exclude the application of the Vienna
Convention.
• 11.3 The parties will submit any disputes arising from sales
made on the basis of these General Conditions to the con-
ciliation attempt provided for by the Conciliation Service
of the Milan Arbitration Chamber. In the event that the
attempt fails, any disputes, even of a non-contractual na-
ture, deriving from sales made on the basis of these General
Conditions, will be resolved by arbitration according to the
Rules of the Milan Arbitration Chamber, by a single arbi-
trator/three arbitrators, appointed in compliance with this
Regulation. The Arbitration Tribunal will judge according to
Italian law. The seat of the arbitration will be in Milan (Italy).
The language of the arbitration will be Italian.
Summary of Contents for Giotto GT110
Page 1: ...GT110 GT140 Giotto OVEN Use and maintenance manual ...
Page 2: ...2 ...
