7
EN
6.
with reference to all the electrical components and mechanical plastic moving parts
subject to normal wear, which must be replaced during routine maintenance;
7.
where the products have been used in conjunction with or incorporated into
equipment or materials whose specifications have not been approved in writing by
the selling company;
8.
tampering with the label showing the serial number of the machine;
9.
fault or breakage due to transport, acts of vandalism, natural calamities or wilful
damage;
10.
wrong or bad installation of the product;
11.
carelessness, negligence or lack of skill in using the product;
12.
failure to comply with the operating instructions in the technical manual;
13.
interventions for alleged defects or casual checks;
14.
repairs carried out without our authorization.
Malfunctioning of the machine due to the software not being upgraded is not
considered a defect. Comestero is not obliged in any way to upgrade the software
free of charge or upgrade the mechanical components which may be necessary due
to new coins or banknotes being introduced by the Italian and European authorities,
when repairing a product that is covered by the warranty. However, such upgrades
could still be requested from Comestero and the company is obliged to send a
quotation to the customer prior to intervention.
Any repair or tampering carried out on the supplied goods by subjects who are not
authorized by us will render the warranty null and void.
We declare to have carefully considered, to the best of our knowledge and
manufacturing practices, the issue related to preventing the goods supplied from
being violated by persons who intentionally intend to alter their operation. However,
we shall no assume any liability for illegal conduct or damage that may result
fraudulent use of the goods supplied. All required repairs not covered by the warranty
must be paid for and the Comestero price list shall apply whose updates are regularly
communicated.
ART. 4 – Limitation of Liability
Notwithstanding the hypotheses in art. 1229 of the Italian Civil Code and
notwithstanding the mandatory provisions of law, for every damage caused directly or
indirectly by failures or delays of the Seller or by the purchased products to objects or
persons, including but not limited to lost profits and damage to the corporate image,
the compensation payable by the Seller shall not exceed, in any case, 10% of the
amount paid by the Purchaser for the product that caused the damage.
ART. 5 – Delivery
The goods subject of the supply are considered delivered at the time and in the place
they are passed on to the carrier; therefore, our company shall not be held liable for
total or partial shortages, damage or delays related to transport. Upon delivery, the
recipient must duly note any errors or damage on the bill of lading. The Purchaser's
refusal to accept or collect all or part of the ordered goods does not suspend
obligation to pay. The terms of delivery indicated in the order confirmation allow for a
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