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KS-KR-KCs-KC56_U211600
EN
10. INTERNATIONAL WARRANTY - SALES TO
BUSINESSES HAVING THEIR SEAT OUTSIDE ITALY
FRANCO S.r.l. undertakes to remedy any non-conformity (de-
fect) of the products for which he is liable, occurring within 12 Mon-
ths from invoicing date of the products to the purchaser, provided
he has been notified timely about such defect in compliance with
the terms and conditions hereinafter set out.
In addition, the present warranty is conditional on both the fol-
lowing conditions:
A) the compliance with the instructions guide supplied by FRAN-
CO S.r.l. and
B) payment in full at due date of the sale price agreed for the
products.
In such case FRANCO S.r.l. will, at his choice, either replace
or repair the products (or parts of the products) which result to be
defective. This warranty (i.e. the obligation to replace or repair the
products) replaces any other legal guarantee or liability provided by
law. It is consequently agreed that, except in case of fraud or gross
negligence of FRANCO S.r.l., any other FRANCO S.r.l. ‘s liability
(both contractual or extra-contractual) which may arise from the
products supplied and/or their resale (e.g. compensation of dama-
ges, loss of profit, etc.) is expressly excluded.
Any complaints concerning the conditions of packing, quantity
or outward features of the products (apparent defects) must be
notified to the Supplier in writing within 8 days from receipt of the
products; failing such notification the purchaser’s right to claim the
above defects will be forfeited. Any complaints relating to defects
which cannot be discovered on the basis of a careful inspection
upon receipt (hidden defects) must be notified to FRANCO S.r.l.
in writing within 8 days from discovery of the defect; failing such
notification the Purchaser’s right to claim the above defects will be
forfeited. The notice must indicate precisely the defect and the pro-
ducts to which it refers. FRANCO S.r.l. does not accept return of
products lacking its express written authorization. Where FRANCO
S.r.l. accepts such return of the products the purchaser shall deli-
ver the products to FRANCO S.r.l. at purchaser’s risks and costs.
Notwithstanding the above the present warranty does not cover
the normal wear and tear of the products and the defects deriving
from modifications made by the purchaser without FRANCO S.r.l.’s
consent.
With respect to possible consumer claims involving the appli-
cation of domestic rules implementing the European directive
1999/44/CE of 25 May 1999 on certain aspects of the sale of con-
sumer goods and associated guarantees, the purchaser accepts
to bear the exclusive responsibility for any obligation arising within
such context. Consequently the parties expressly agree to exclude
any right of redress by the purchaser against FRANCO S.r.l. ba-
sed on the above Directive and the purchaser undertakes to hold
FRANCO S.r.l. harmless against any such action of redress made
by subsequent sellers of the distribution chain.
