CAVAGNA GROUP COMPRESSED GASES EQUIPMENT
WARRANTY AND LIABILITY CONDITIONS – Not applicable in the USA or Canada
1 – Compliance of the brand new products
The original seller of the brand new product (hereinafter referred to as Product) hereby warrants that the Product corresponds in quantity, quality, and type as specified in the sales contract (or, if missing, in the order’s confirmation) for the Product and that the Product is without defects that could render it unfit for the use to which it is intended. The original seller of the Product is identified on the invoice for the Product and is referred to herein as the “Warrantor.”
2 – Extent of the guarantee
The warranty is limited only to defects in a) the design of the Product, b) the materials in the Product or c) the construction of the Product, which can be attributed to the Warrantor. The warranty does not apply in the case where the buyer is unable to prove correct storage and maintenance of the brand new products, or in the case the buyer has modified the Product without the prior written agreement of the Warrantor.
Furthermore, the Warrantor is not liable for defects in the brand new product due to the normal wear and deterioration of those parts of the Product, which by their nature, are subject to rapid and continuous wear and tear (e.g.: lining, etc.).
In general, in no case shall the Warrantor be liable for defects in compliance that arise after the transfer of risk or possession of the Product to the buyer has taken place.
The warranty is valid only when the brand new products are installed, used and maintained in conformity with the warnings and instructions provided by the Warrantor in the instruction manual or other Product literature and in conformity with the applicable laws, standards or regulations existing in the location where the brand new products are used or, in the absence of any applicable laws, standards or regulations, in conformity with the best practices in the applicable industry or trade.
3 – Claims
The buyer is required to check the compliance of the brand new Products and confirm the absence of flaws. The buyer should report any flaws or defects in brand new Products, in the following ways and time. Failure to properly and timely report a defect will void the warranty:
- Claims for shortage or damages that could have been apparent from an examination of the exterior of the Product’s packaging contents must be reported as soon as the brand new Products arrive at their place of destination or, in any event, no more than 5 days after that time.
- Claims relevant to quantity, colour, quality flaws or defects or non-compliance that the buyer should have been able to identify as soon as it took possession of the Product, must be made shortly after the time when the brand new Product arrives at its place of destination or, in any event, no more than 15 days after that time;
- Hidden flaws, defects or non-compliance (that is, those not identifiable according to the inspection imposed by law and by the preceding subparagraphs) must be reported within 30 days after the discovery or in any event, no more than 2 years from the delivery date.
Claims must be sent by registered letter, addressed to the head office of the Warrantor and must describe in detail the alleged defect, flaw or non-compliance.
In order to preserve this warranty, the buyer must not attempt any disassembly repairs or modifications on the brand new product without the Warrantor’s prior written agreement.
The buyer forfeits and waives its rights under this warranty if the buyer does not consent to every reasonable request of the Warrantor, or if after the Warrantor has requested the return of the defective brand new products at buyer’s own expenses, the buyer fails to return the Product within 5 working days from the request.
In the event that the warranty claim is ultimately determined, in the sole discretion of Warrantor, to be unfounded, the buyer will reimburse the Warrantor all expenses incurred by Warrantor in evaluating the warranty claim (travel, expert valuations, transport expenses etc.).
4 – Remedies
Following a report by the buyer duly made in accordance with the previous point 3, the Warrantor, within a reasonable period depending on the type of claim, may, at Warrantor’s sole reasonable discretion:
a) Supply to the buyer products of the same kind and quantity as those that have been proven to be defective or not in compliance with the contract: in such a case the Warrantor can require the return of the defective product, which becomes property of the Warrantor. Such products will be supplied FCA Warrantor’s facility (Incoterms ® 2020);
b) Communicate in writing the cancellation of the contract and offering a refund of the amount paid for the replaced product;
c) Repair the products proven to be defective at its premises and supply the repaired products to the buyer FCA Warrantor’s facility (Incoterms ® 2020).
No other cost (such as disassembling and/or reassembling of the products, transportation from/to the premises of buyer’s customers, etc.) shall be charged to or paid by the Warrantor, unless previously expressly agreed in writing by the Warrantor.
5 – Limit of seller’s liability
The Warranty provided herein supersedes all legal warranty for defects and compliance, and excludes any other possible liability of the Warrantor, however originating, from the brand new products supplied by Warrantor. In particular, the buyer cannot put forward another claim for compensation in respect of any further damages, request any reduction of the contract price or cancellation of the contract. Once the period of the Warranty has expired no claim can be made against the Warrantor.
In no event shall Warrantor be liable to buyer for any direct, incidental, indirect, consequential or exemplary damages, including without limitation any claim for damages based on lost revenues or profits, however caused.
No exceptions to or modification of this Warranty will be permitted unless expressly and specifically defined and accepted by the parties in writing.
6 – Technical regulations
As far as the brand new product characteristics and specifications are concerned, the Warrantor complies with the legislation and the technical regulations prevailing in Italy and the European Directives, unless otherwise specified in the contractual documentation (i.e. contract, order’s confirmation, invoice, installation/fitting or use and maintenance manual); The buyer assumes the risk of any difference between the European Directives plus the Italian regulations and those of the country of destination, regarding the use or installation of the Products, and indemnifies the Warrantor for any such differences it. The Warrantor guarantees the performance of brand new products manufactured by Warrantor only and exclusively in relation to uses, destinations, applications, tolerances, capacities, etc. that have been expressly indicated by Warrantor and that are incorporated in the contractual documentation (i.e. contract, order’s confirmation, invoice, installation/fitting or use and maintenance manual).
The buyer is not authorised to dispose of the brand new Products supplied to him by the Warrantor in a way which does not conform to the indications described in the previous sub-paragraph and in the instructions given by Warrantor.
Where the buyer intends the said products to be resold, it shall be buyer’s responsibility:
- to inform the purchasers of the Product from buyer of the correct specifications and uses of the Product;
- to grant any further periods or extended terms of any warranty provided by buyer only to buyer’s purchasers that exceed the warranty granted to buyer by Warrantor according to paragraph 3.
- the buyer shall not grant or extend any warranty on behalf of Warrantor to any third party.
7 – Personal injuries and property damages
Warrantor shall indemnify buyer from and against any and all claims, demands, losses, liabilities alleged by third parties relating to personal injuries and property damages suffered as a result of a defective product. In such event, Warrantor will exclusively be responsible within the limits, terms and conditions of the product liability insurance policy held by it (a copy of the related insurance declaration is available upon request).
In case of potential damages to third parties that may arise from a defective brand new product, the buyer and Warrantor shall work together in good faith to determine the nature and extent of the appropriate measures to be taken, including recall operations. It is understood that the costs and expenses associated with the recall or other measures shall be paid by Warrantor within the limits, the terms and the conditions set forth in Warrantor’s liability insurance policy, with the exclusion of the costs connected to the locating and retrieving the Products in the market, which will be paid by the Buyer.