Extract of the General Conditions of Sale
The Customer has read, recognized and accepted the General Conditions of Sale in full, with the signing of the contract and also with the specific signing of individual clauses pursuant to and for the purposes of the articles 1341 and 1342 Italian Civil Code.
For ease of reference, the clauses referred to in Art. are reported below. 3 and Art. 10, referring to the use of the product and the warranty.
Art. 3 – Use of the Product
3.1 The client hereby agrees to use the Products in accordance with the User Instructions Booklet or User Manual and in conformity with the use for which the Products are intended.
3.2 The client hereby agrees not to make any modifications to the Products and to comply with the correct procedures, hereby declaring their knowledge thereof, for their use in accordance with the User Instruction Booklet which shall be delivered in paper and/or electronic format.
3.3 The client shall be solely liable for the improper use of the Products whether separately or connected to other Products.
Art. 10 – Warranty
10.1 Each Martignani S.r.l. Product is inspected and tested before being made available for sale.
10.2 Martignani S.r.l. warrants that all its Products comply with the EU and Italian legal requirements.
10.3 Martignani S.r.l. provides the warranties provided for by the Italian Civil Code under articles 1490 to 1497 and warrants the proper functioning of the Products for 12 months from delivery, except as provided in the following clauses and except as provided by the art. 10.7 last period.
10.4 Martignani S.r.l. does not guarantee compliance of Products with particular technical specifications or characteristics, or their suitability for particular uses, except to the extent to which such characteristics are expressly agreed in the order or in documents referred to in the order itself for this purpose.
10.5 Any hidden defects (not visible with reasonable diligence at the time of delivery) shall be notified by registered letter to Martignani S.r.l. in advance, by e-mail or fax, on pain of forfeiture, within 8 days from discovery of the defect or otherwise no later than 12 months from delivery.
10.6 The return of defective Products shall be subject to authorization by Martignani S.r.l. and in all circumstances with the original packaging, any customs clearance, and return under the full responsibility of the client. To cover storage and administration charges, a debit note of 2% of the value of the goods as from the 15th day of delay in the withdrawal shall be raised, with a further increase of 1% for each month of delay.
10.7 Martignani S.r.l. undertakes to repair or replace free of charge the Products or only those parts of the Products which they accept are faulty due to improper workmanship or defective material. Martignani S.r.l. undertakes to remedy any fault, inadequate quality, or defect of conformity of Products sold by the Company for which it is responsible, occurring within twelve months of delivery of the Products, on the condition of prompt notification of the same. Martignani S.r.l. may decide whether to repair or replace defective Products. Products replaced or repaired under warranty will be covered by the same warranty for a period of six months starting from the date of repair or replacement. The Products over which there is a dispute must be returned to Martignani S.r.l.’s offices free of charge.
In no case of repair and/or replacement will the costs of labour, packaging and transport be borne by Martignani s.r.l., except as provided in the art. 1490 paragraph 2 and the provisions of the Consumer Code if applicable.
10.8 The warranty shall be void if the Products returned as defective have been repaired or tampered with by the client.
10.9 The Buyer, by accepting delivery of the machine, acknowledges that they are fully aware that the same should be operated by experienced, qualified personnel provided with any necessary authorization in compliance with all regulatory and legal standards applicable to the use of machine, particularly with regard to legislation on occupational safety and the environment, as well as in accordance with the manufacturer’s instructions.
10.10 The Buyer acknowledges that they are fully aware that it is absolutely forbidden (and the Buyer accepts any and all liability arising from failure to comply with this condition) to use the machine for operations that are improper i.e. those not provided for in the user and maintenance manual, of which the Buyer, furthermore, acknowledges that they have full knowledge, or that are performed in a manner inconsistent with the same instructions or for which the machine is not otherwise suitable.
10.11 Repairs of defective Products carried out by the client shall result in forfeiture of the warranty unless they have been previously authorized and approved by Martignani S.r.l., which must be in agreement in respect of the estimate.
10.10 Martignani S.r.l. shall not be liable for damages occurring during use by the client of the Products, even if defective, or for business interruption caused by the failure of the Products.
10.11 Martignani S.r.l. shall not be held liable for the execution of Products or items executed to client specifications which prove to be incorrect.
Art. 11 – Contractual Responsibility – limitations
11.1 With the exception of the case of fraud or gross negligence, under no circumstances shall Martignani S.r.l. be liable for any loss or damage to the client or its assignees.
11.2 Liability shall not extend in any circumstances to consequential or unforeseeable damages or those which otherwise are outside the cases to which the warranty on the Products applies.