POLIN-AC S.r.l. Companies Register of Verona No. 04476510237 Registered and administrative office: Via Andrea Doria, 5 – 37066 Sommacampagna (VR), Italy VAT No. IT04476510237
General warranty TERMS AND conditions
1. SCOPE OF THE WARRANTY POLIN-AC S.r.l. (hereinafter also “POLIN-AC” or the “Supplier”) warrants that the machines and systems supplied are free from manufacturing defects and from non-conformities with the contractual specifications.
This warranty is the only warranty provided by the Supplier and replaces any other warranty, whether express or implied, to the maximum extent permitted by law.
2. WARRANTY DURATION The warranty period is:
• 12 (twelve) months from the commissioning date as stated in a signed report;
• in the absence of such report, 15 (fifteen) months from the shipment date.
Any warranty extensions, if expressly agreed in writing, shall extend the coverage for the period indicated in the contractual documents and shall remain governed by these terms and conditions.
3. CONDITIONS FOR WARRANTY VALIDITY The warranty shall be valid only provided that all of the following conditions are fully met:
a) the machine is installed and used in accordance with the technical, operating and safety instructions provided by POLIN-AC;
b) the machine operates within the environmental and operating limits set out in the use and maintenance manual;
c) routine and extraordinary maintenance is carried out regularly, in accordance with the manual’s instructions, and is duly documented;
d) all maintenance operations and component replacements are performed exclusively using original POLIN-AC spare parts, or parts expressly approved in writing by POLIN-AC;
e) no modifications, alterations or tampering have been carried out withoutthe Supplier’s prior written authorization;
f) technical interventions are performed by qualified and authorized personnel.
POLIN-AC reserves the right to request, at any time, documentary evidence proving proper maintenance and the use ofcompliant spare parts.
4. WARRANTY EXCLUSIONS The warranty shall not apply in the following cases:
a) improper, negligent or non-compliant use;
b) missing, incomplete or undocumented maintenance;
c) use of the system under non-compliant environmental oroperating conditions;
d) use of components, spare parts or materials that are not original or not approved by POLIN-AC;
e) interventions, repairs or modifications carried out by unauthorized personnel;
f) anomalies or irregularities in the supply of electrical power, fuel orother utilities;
g) force majeure events, including by way of example fires, floods, atmospheric events and acts of vandalism;
h) damage resulting from lightning, overvoltage or electrical discharges;
normal wear and tear and deterioration of components, including consumables.
5. SERVICE PROCEDURE In the event of a defect covered by warranty, POLIN-AC, at its sole discretion, will repair or replace the defective component.
The service may be carried out at the Supplier’s premises or at centers authorized by the Supplier.
Repair or replacement shall not entail any extension or renewal of the warranty period.
6. COSTS BORNE BY THE PURCHASER Unless otherwise agreed in writing, the following shall be borne by the purchaser:
• transport and shipping costs;
• labour costs;
• travel, board and lodging expenses for technical personnel;
• any ancillary costs related to the service.
7. LIMITATION OF LIABILITY POLIN-AC’s liability is limited exclusively to the repair or replacement of the defective component.
Any right of the purchaser to compensation or indemnities for the following is excluded:
• downtime of the system;
• loss of production;
• loss of profit;
• direct or indirect damages.
In any event, POLIN-AC’s overall liability shall not exceed the value of the supplied component.
8. EXTENDED WARRANTY If an extended warranty has been purchased, it:
• extends the warranty period under the same conditionsas the standard warranty;
• remains fully subject to all conditions, limitations and exclusions set out in this document.
The validity of the extension is subject to full compliance with the conditions set forth in Article 3.
Failing such compliance, POLIN-AC reserves the right to refuse warranty service.
9. JURISDICTION For any dispute relating to the interpretation, performance or validity of these terms and conditions, exclusive jurisdiction shall lie with the Court of Verona.