TECHNICAL ASSISTANCE WARRANTY:
a) ITALY – For equipment on the national territory, during the warranty period, F.lli Della Marca Srl also undertakes, if needed, to perform technical interventions in warranty at the customer for free replacement, excluding transfer of technical staff and labor required, of those parts that, in its sole discretion, prove defective originally. In relation to the severity of the intervention and at the discretion of the manufacturer part replacement of defective parts could also take place at the offices of the manufacturer, in this case means excluding the costs of equipment’s transport at the Rome office of F.LLI Della Marca Srl and labor required for intervention, the equipment must be shipped carriage paid by Purchaser and will then be returned carriage forward.
b) FOREIGN COUNTRIES – For equipment sold abroad, during the warranty period, F.lli Della Marca Srl also undertakes, if needed, to carry out technical interventions, under warranty, at its office in Rome for free replacement of those parts that, in its sole judgment, prove originally defective. In this case means excluding transport’s charges of the equipment at the offices of F.lli Della Marca Srl and labor required for intervention, the equipment must be shipped carriage paid by Purchaser and will then be returned carriage forward.
The repair and / or subsequent replacement of the defective part, will not extend the time of the guarantee.
L) WARRANTY EXCLUSIONS– The warranty is void if the customer has failed to meet payments, in the event of tampering or unauthorized modifications, for damages due to external factors such as changes in electrical voltage, wrong use, improper installation and / or installation occurred in unsuitable local places, lack of ordinary maintenance, neglect. The warranty does not cover the electrical or electronic parts, neon tubes and / or lamps, glasses, wear components, gaskets, ordinary maintenance’s service, as well as damage caused by transport. It also excludes compensation for any direct or indirect damage.
M) DISCLAIMER– F.lli Della Marca Srl disclaims any liability for damage to persons, animals or property, as well as in cases where the guarantee is not valid under the previous article for damage to persons, animals or property if:
a) the damage is caused by: negligence and carelessness, improper or wrong use by the Purchaser and / or by the final user of the product; failure, improper or insufficient maintenance; modifications or tampering of the products supplied; incidence of the presence of products, substances or components that, in any way, may affect the functionality, durability, structural characteristics and natural product to be supplied;
b) the defect that caused the damage did not exist at the time when F.lli Della Marca Srl has delivered the goods;
c) the state of scientific and technical knowledge at the time of delivery of the contract goods to the Purchaser, not even allowed to consider the product to be defective;
d )the products have not been used by personnel appropriately informed and trained;
e) The injured party, although aware of the defect or resulting danger, there may be involuntarily exposed;
f) it is indirect damages of any kind (loss of production, loss of profit or sales, machine downtime or production, authority’s intervention, withdrawal from the market, etc …).
In any case, the amount of compensation for any reason or cause, F.lli Della Marca Srl should be charged by the Purchaser and / or third party, depending on the entry into service of the final product, may not exceed the limit of the total value of goods relating to the order which is being disputed.
N) INTELLECTUAL AND INDUSTRIAL PROPERTY– The purchase of the products and their use, directly or indirectly, will not cause the transfer to the Purchasing of any right of industrial or intellectual property on products sold, which will remain in the hands of F.LLI Della Marca Srl.
P) COMMUNICATIONS – All communications regarding the execution of the supply will be valid only if made in writing, by fax or e-mail exchange. All communications should be made to the addresses indicated in the header of the order. The parties undertake to give prompt notice of any changes in company data, including bank details, and data required for the accounting of the sale.
Q) CHANGES AND SUPPLEMENTS– Any changes and / or integration will be valid only if agreed in writing form.
R) COMPETENT COURT- For any dispute relating to the execution, interpretation, conclusion and termination of contracts will be the competent court of Rome with the express exclusion of any and all court alternative and / or competitor.
F.lli Della Marca S.r.l.