IDS Ingegneria Dei Sistemi S.p.A.
N doc:MN/2014/024 - Rev. 1.0
OPERA DUO v. 1.0 – User Manual
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All information contained in this document is property of IDS. All rights reserved
Warranty Conditions & Registration Form
A.
Standard Warranty Conditions
1.
IDS Ingegneria dei Sistemi S.p.A, (hereinafter referred to as IDS or Seller), warrants that its products shall be free from defects in material
and workmanship, for a period of 12 months from the delivery date duly registered and certified (“Effective Date”) in the “Warranty
Registration Form” enclosed hereto. IDS shall repair or replace Products or parts thereof found faulty (the “Faulty Parts”) which are returned
to IDS, and which, at IDS’s judgment, were defective or became defective during its normal use. The Seller’s obligations shall not apply to
Faulty Parts that:
(a)
The Buyer does not properly store, install, use, or maintain;
(b)
The Buyer modifies, or performs tests on, which are not approved in writing by the Seller;
(c)
The Buyer has subjected to any kind of misuse, detrimental exposure beyond its intended purpose or damaged in an accident or by
natural disaster or calamities.
(d)
Are repaired by personnel other than IDS personnel; in which HW/SW accessories not supplied by IDS have been installed; are
integrated or connected to equipment different from the ones supplied by IDS (except the PC data Logger conform to IDS
specifications);
(e)
Whose operational software was not installed as per IDS instructions (see IDS User’s Guide for the Data Acquisition Software);
2.
The Seller’s Products may include specific “Operational” software with automatic data processing and analysis tools (SW) supplied under a
License agreement (EULA). While every effort is made to ensure the accuracy of the information/results provided by these tools, they must
not be intended as a substitute for analysis by personnel; rather, they are intended as an advisor and the user must not completely rely on the
results provided by them. Under no circumstances does IDS warrant that the SW will operate uninterrupted or error free. The SW is provided
“as is” without warranty of any kind. IDS warrants for a period of sixty (60) days from the Effective date that, under normal use, the SW
support media will be free of defects in material and workmanship; in such case the provisions of above point a) apply
3.
Any different warranty, granted by the Buyer to its retailers and clients, even as final consumers, pursuant to the European Union law in
force regarding the rights of the consumers, does not engage IDS in anyway.
4.
The above mentioned warranty excludes any other remedies and it has to be considered the only and exclusive remedy foreseen for the Buyer
and its retailers and clients, with reference to IDS Products purchase, being, expressively understood that any kind of limitation and/or
discharge of responsibility provided by the present warranty is referred to both (I) the responsibility as against any third parties, pursuant to
the legislation regarding the producer responsibility and (II) the warranty provided by the law in force.
B.
Warranty Procedure
1.
To proceed in the application of warranty terms, the Buyer has to contact IDS Customer Care Office to get the clearance to return the Faulty
Parts.
2.
The Faulty Parts once received by IDS will be inspected to verify they are eligible for repair or replacement..
3.
The Buyer is responsible for ensuring that the Faulty Parts are returned to IDS in suitable packing (it is recommended that the original
packing be saved for a better understand of the failure cause); IDS will not be obliged to repair or replace Faulty Parts damaged from abuse,
misuse, negligence, accident loss or damage in transit.
4.
The Shipping costs for Products returned during the warranty period, are as follows:
(f)
From the Buyer Site to the Seller site
shipping costs, as per Incoterms CIP, are borne by the Buyer
(g)
From the Seller Site to the Buyer site
shipping cost, as per Incoterms CIP, are borne by the Seller
5.
The warranty period on the repaired or replaced Faulty Parts is 6 (six) months or the unexpired portion of warranty on such Faulty Parts
whichever date comes later.
C.
Limited Liability
1.
The Seller’s sole obligation and liability under this Agreement shall be limited to the repair or replacement of the Product, or the refund of
the purchase price at the Seller’s sole option. This Article sets forth the sole and exclusive remedies for claims based upon defects or
nonconformity of the Products, whether the claim is on contract, warranty, tort (including negligence), strict liability, or otherwise.
2.
The cumulative liability of the Seller, including its subcontractors or suppliers, for any and all claims, including but not limited to claims
based on the Seller’s negligence of any degree, strict liability, breach of contract, warranty, reliance on the accuracy, reliability, or timeliness
of the information provided by the SW, patents or otherwise, shall not exceed the sums cashed by IDS for the purchased Produc ts, which
give rise to the claim, and any such liability shall terminate upon the expiration of the warranty period.
