6 – CONTRACTUAL WARRANTY – LIABILITIES
The Company guarantees the Equipment against any defects caused by a design and/or manufacturing fault for a period of twelve months from the day on which the Equipment is accepted. The warranty period may not be extended, suspended or postponed. The application of the warranty will not have the effect of extending the warranty period on the Equipment. Replacement parts and products from the After Sales Department are covered by a twelve-month warranty period. The warranty is limited, at the Company’s choice, to the pure and simple replacement of the parts or of the repair, in the Company’s workshops, of the parts acknowledged to be defective during the warranty period. In no circumstances may the warranty be extended to the consequences of a possible fault. The Company will not agree to pay any costs incurred outside its own workshops without its prior written agreement. If parts are replaced under warranty, they become the Company’s property once again. The Customer needs to send in a written request, giving full reasons, in order for the warranty to come into play. Unless stated in writing to the contrary, the Customer will pay all carriage charges relating to the parts in question. The implementation of the warranty is irrevocably dependent on the Customer fulfilling all of its obligations, including using original replacement parts, and submitting the warranty request to the Company within a maximum of two weeks from the occurrence of the defect.
The warranty is suspended in the following cases in particular: negligence or wilful damage on the part of the Customer or a third party; any use, operation and/or maintenance of the Equipment that does not comply with the Company’s notices and/or instructions or with the normal rules for use; the user of the Equipment does not have the professional expertise normally required for using, operating and/or maintaining the Equipment; a violation of the laws and/or regulations concerning the use, operation and/or maintenance of the Equipment; the transformation or modification of the Equipment by the Customer or a third party without the Company’s prior authorisation; the defective repair of the Equipment by the Customer or a third party; a defect arising out of a fault in the property entrusted; normal wear and tear on the Equipment or vehicle.
The warranty will be cancelled immediately if the Customer or a third party transforms or modifies the Equipment without the Company’s prior authorisation.
If the Equipment is sold with the statement “as is”, this means that all warranties are excluded.
If any defect is substantiated on the Equipment and it is demonstrated that this defect causes a direct personal definite material loss, both current and foreseeable, the Company shall, up to the limit of its own responsibility, bear the cost of the repair of the material damage caused to the property of third parties or of the Customer, excluding damage caused to the Equipment, provided that for the event in question, the amount is greater than ten thousand (10,000) euro. For each event, a deductible of ten thousand (10,000) euro shall be applied.
For all losses, events and incidents combined, the total amount of the compensation may not exceed a fifth of the amount of the Order. However this amount may not exceed fifty thousand euros. Without prejudice to the mandatory statutory provisions which may apply, these provisions define the entire extent of the Company’s responsibilities. The Customer shall vouch for the compliance of its insurers, its own customers and their insurers and all third parties with these restrictions.
The term “substantiated” means (i) recognised by the Company or (ii) evidenced by a final court decision
The Customer accepts sole liability for all the consequences of any non-compliance in the property entrusted to the Company for the completion of the Order.