OP S.r.l.
25131 BRESCIA - Via Serpente, 97 - Tel. 030/3580401 - Fax 030/3580838
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The purchase order shall be approved by the Seller. The Seller reserves the right, to be
exercised at its sole discretion, to accept or reject the proposal by transmission of the
Order Confirmation. The fulfilment of any single sale will, however, take place even
without the transmission of the Order Confirmation and shall be executed by delivering
the Products to the carrier or freight forwarder.
An Order Confirmation that does not conform with the order in terms of object, quantity
and/or price shall be considered as accepted if the Client does not communicate to
Seller and in written form, the rejection of the Order Confirmation within the next 8
(eight) days from the receipt of such Order Confirmation.
Without prejudice to the above, any request for variations of the order made by Client
shall be received at least 5 working days before the expected date of the delivery of the
Products and, in no event, it shall bind the Seller, that maintains the utmost discretion
to accept or not such request.
4.
Warranty
Seller warrants the conformity of the Products, which means that the Products are free
from material and/or manufacturing defects and adequate to the use which they are
normally intended. The Seller also warrants that the Products comply with European law
and security standards.
The warranty shall last for 12 (twelve) months, starting from the delivery of the Product
to the final costumer by Client that happens in accordance with the relevant terms
established in these General Conditions or the Order Confirmation.
Any defect and/or fault of Products arisen during the warranty period shall be notified
by Client by way of registered letter with acknowledgment of receipt and shall contain
any appropriate evidence, also photographic, of the denounced defects. The letter shall
be delivered within 8 (eight) days: in case of patent defects from the date of delivery of
the Products and in case of latent defects after the date of their discovery.
Any return of Products allegedly declared by Client non compliant and/or defective shall
be previously authorized by Seller in writing and executed at the plant indicated by
Seller, in accordance with the original transport conditions, the characteristics of the
original packaging and at Client’s cost, unless otherwise agreed upon by the Parties in
writing.
Seller’s warranty is strictly limited to replacement or repair, at its sole discretion, of
Products or parts of Products that, after Seller’s relevant controls, evidence actual
defects in material or workmanship and the Client, consequently, waives any claim for
the reduction of price or resolution of the contract. Any pending or alleged claim does
not justify the Client to totally or partially delay any payment otherwise due. The Client
cannot set-off any claim whatsoever it has against the Seller that originates from this
warranty.
The warranty cannot be exercised when the Products are installed, assembled or used
in an incorrect manner, not in compliance with the Seller’s instructions, in case of
inadequate and/or insufficient maintenance or in case of tampering or change of
Products, their parts, or their internal software.
Seller, moreover, is not liable for any consequences arising from use and/or fair wear
and tear of the Products and their parts.
Seller is not liable for indirect damages occurred to Client and/or any third party
including but not limited to loss of opportunities, businesses and revenues.
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