9
Ed. 0121 - 70702582 REV01 Silea - Use and maintenance
Warranty
• 8.1 Each Product sold is to be considered compliant when
delivered in the quantity, quality and type indicated in the
written Confirmation. Please refer to the provisions of art. 1.1.
• 8.2 The Seller warranties:
• (a) that the Products are free from defects in material and
workmanship, and
• (b) that (except in the case of defects known or to be
known by the Buyer) the Products are of merchantable
quality.
• 8.3 Any hidden defects of the Products must be reported in
writing by the Buyer within 8 days of discovery, under penal-
ty of forfeiture. Packaging defects are excluded - even if they
have caused defects or damage to the internal Products; in
fact, packaging defects have to be reported at the time of
delivery, pursuant to art. 5.8 of the present General Condi-
tions of Sale.
• Written notices by the Buyer for the Products defective shall
contain a full description of the defects and faults as well as
the mention of the delivery date and that of defect discovery
of the Products.
• Warranty is excluded if the defect derives from the Buyer’s ac-
tions, such as (and not limited to) incorrect installation of the
Product, use of the Product in a manner that does not comply
with the normal method of use, failure to comply with the
instructions contained in the “user and installation manual”,
tampering with the Product. Warranty does not cover normal
wear and tear of the Product due to use.
• The seller is responsible for defects that occur within one year
from the activation of the warranty as provided for in art. 8.12
of the present General Conditions of Sale.
• 8.4 The Seller shall have the right to examine, or have a rep-
resentative examine, the defective Product and, should the
existence of the defect be ascertained, the Buyer shall be en-
titled to repair or replacement, at the sole final decision of
the Seller.
• Once the defect is reported, the Buyer must not use the Prod-
uct until it is examined by the Seller or by their deputy. In case
the Seller realises that the Product was used after the notifi-
cation of the complaint, the Buyer loses the right to obtain
replacement or repair.
• 8.5 Replacement or repair will take place under the following
terms:
• a) The Seller may repair the defective Products by going - or
sending a deputy - to the place where such Products are
located;
• b) Alternatively, the Seller may repair the defective Product
at its own factory, or other place chosen by the Seller;
• c) Or alternatively, the Seller may opt for the replacement of
the defective Products.
• In case the repair / replacement of the Products is not pos-
sible, the Seller will pay the Buyer a refund. Such refund shall
be subjected to quantification, yet must not exceed the price
paid for the Products. Any compenation for damage is ex-
cluded.
• 8.6 In case of repair of the Products at a place chosen by the
Seller or in case of replacement of the defective Products, the
shipment of the Product will be charged to the Buyer who
must send them, at his own expense and risk, to the place
indicated by the Seller.
• 8.7 In no case shall the Seller be held liable for any indirect
or consequential damages and/or loss of profit that the Buy-
er may suffer arising out of or caused by defective or faulty
Products such as (but not limited to) cancellation of orders by
customers, penalties for late deliveries, forfeitures or indemni-
fications of whatsoever nature.
• 8.8 The Seller shall indemnify and hold the Buyer harmless
from any liability or prejudices arising out of defective or
faulty Products, unless the alleged liability arises from any
negligent act or’ omission by the Buyer or any failure by the
Buyer to perform its obligations.
• 8.9 The Seller shall not be liable for damage to persons and /
or property that may derive from improper use of the Prod-
ucts and / or from any use, processing or transformation of
the Products that do not comply with their intended use and
/ or with the instructions provided by the Seller, except the
case of gross negligence or wilful misconduct by the Seller.
• The Seller will also not be liable in the event of damage to
persons or property or in the case of malfunction or damage
or deterioration of the Product deriving from the fact that the
Product has been connected to a non-compliant electrical
system.
• 8.10 The Buyer shall not be able to raise any claim for personal
injury or damage to property other than those which are the
subject of the contract, or for loss of profit, unless it is clear
from the circumstances of the case that the Seller committed
“gross negligence” .
• 8.11 “Gross negligence” shall not include any and all lack of
adequate care and expertise, but it is to be intended as an
act or omission by the Seller which implies either a failure to
consider any serious risk that a conscientious supplier would
normally have foreseen as likely to occur, or a deliberate ne-
glect of any risk deriving from such act or omission.
• 8.12 The validity of the Warranty hereto referred is subject
to activation on the website www.cuppone.com within 48
hours after the time the Product is installed.
Spare parts
• 9.1 Until and within 10 years as of the delivery of the Prod-
uct, the Seller undertakes to assist the Buyer in identifying
the spare parts for the maintenance of the Product (if it is so
requested by the Buyer). In any case, the Seller is in no way
responsible for the failure to identify such sources.
Applicable law and multi-step clause
• 11.1 The Italian law, as the law of the Seller, shall govern the
sale under the present Terms and Conditions of sale.
• 11.2 Both the Seller and the Buyer exclude the application of
the Vienna Convention.
• 11.3 The parties shall defer the disputes arising out of the
present contract to a mediation attempt managed by the
Service of Mediation of the Chamber of Arbitration of Milan.
• If the mediation attempt fails, all disputes - included those of
not contractual nature - arising out of, related or connected
to the present General Conditions of Sale shall be settled by
arbitration under the Rules of the Chamber of Arbitration of
Milan (the Rules), by a sole arbitrator / three arbitrators, ap-
pointed in accordance with the Rules, which are deemed to
be incorporated by reference into this clause. The Arbitral Tri-
bunal will judge according to the Italian law. The seat of the
arbitration will be in Milan (Italy). The language of the arbitra-
tion will be Italian.
