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6.4 The responsibility of the company will be limited to the refund of the price or to the repair or
substitution of the good as set out above and will be subject to the observance by the client of the
terms of the preceding part of these conditions. Except for this refund, replacement or repair, the
company, its employees, and agents shall not be held liable for any third-party responsibility vis-à-
vis the client or third parties for injury to people, losses or material damages of any nature and
however arising or derived, directly or indirectly, including, but not limited to, personal injury, loss
or damage to property resulting from and/or incidental to:
a)
a negligence of the company and/or one of its employees and/or agents (unless this
negligence leads to the death or injury of people); and/or
b) performance of the company and/or omission of performance and/or breach of one of its
obligations, expressly indicated or implicit according to the contract and/or otherwise; and/or
c) supply, installation, repair and/or maintenance of any asset and/or
d) a defect related to any asset.
e) advice given and/or declaration made by the company or on its behalf, regarding the nature,
quality, specifications, design, performance, users and/or installation of any asset.
6.5
The terms of these conditions cancel and supersede all conditions, warranties, representations,
statements, liabilities and other terms of any nature implicit in the law and statutes and/or
elsewhere, which will all be excluded in the measure admitted by the law, and the company, in
relation to the goods, shall not have vis-à-vis the client any obligation, non-contractual or
contractual, and deriving from a negligence of the company and/or its employees and/or agents
(according to the contract and of any other contract) different to the obligations expressly set out in
these conditions or in any other document expressly inserted in writing into the contract.
Consequently, it will be up to the Client to insure themselves against third party liability deriving
from the use of the goods.
6.6 To the best of the company’s knowledge and belief, and in the absence of a suitable code of
conduct, the models and products of the company, if used correctly, are compliant with the
requirements of Italian law on the matter of health and safety at work and with all the amendments
and additions thereto and of its implementing regulations, and any addition and/or amendment of
these models and/or products which derives from the requirements of Italian law, will be payable by
the Client as additional cost, and the Company shall not be liable for failure to comply with any
requirement, required by laws, regulations, local or other requirements of any kind, which affects
the construction, installation and/or operation of a good or of any other goods provided by the
company, or the issue of any necessary approval or approvals.