En -- Warranty Conditions; Intellectual Property - Parker Hiross Starlette Plus SPL040 Manual De Uso

EN -- Warranty conditions

Claims and complains
Purchaser shall inspect the delivered goods and notify Seller, in writing
and within 8 (eight) days from the delivery date, of defects found or that
may be found upon a preliminary inspection, or any other claim related
to the goods. Should Purchaser fail to make such notification, the goods
shall be deemed as definitely accepted and in compliance with what set
forth in the contract, without being prejudicial to the possibility to report
any hidden defect, assuming this is within the warranty period; in any
case the notification of the defects must be communicated within 8
(eight) days from the discovery thereof. If the received goods have been
damaged during transit, Purchaser will have to highlight this on the
C.M.R. or on the Delivery note. Expenses related to the shipment of any
eventual returns shall be borne by Purchaser. Possible objections con-
cerning part of the goods delivered, or a single shipment of the same,
shall have no effect on the rest of the order, nor on the payment of goods
already received and not promptly challenged.
Drawings and installation details
Drawings, models and instructions for the installation of equipment sup-
plied are the exclusive property of Seller; Purchaser cannot pass these to
any third party. Seller shall not warrant the correctness of drawings
which have not been certified by Seller. Certified drawings shall only be
available upon written request from Purchaser, and shall be charged at
a price to be agreed upon. Seller reserves the right to, at any time prior
to delivery of certified drawings to Purchaser, make any changes in
model or design of equipment, including components thereof.
Warranty
Seller warrants to Purchaser all equipment to be free from defects in
material and workmanship for a period not exceeding 1 year from the
date of installation of the equipment, but for a maximum of 18 months
from the shipping date. This obligation is limited to repairing and repla-
cing, at Seller's factory, any part found faulty during said period, with the
following limitations:
a) Warranty is effective only if equipment has been installed,
commissioned and maintained in accordance with Seller's
instructions (Parker User Manual) and, where necessary, connected
to adequate electric, water and drain services, cleaned out correctly
and placed into operation by a qualified technician. All products
must be fitted with adequate pre---filtration upstream of the products
itself;
Seller is excluded any obligation of compensation or refund for any
direct or indirect damage caused by its absence. The effects of
erosion, corrosion and normal wear ---and---tear are specifically
excluded from this warranty.
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b) Seller reserves the right to, for specific products (including, but not
limited to, Quasar and LCD dryers) grant warranty terms only on the
condition that Commissioning has been performed by Seller's Ser-
vice personnel or, failing this, Service personnel authorised by Seller
beforehand. In the latter case the relevant Commissioning Report
must be compiled by the authorised Service personnel and sent to
Seller. Failure to adhere to this procedure will result in loss of war-
ranty.
c) Seller reserves the right to replace a product under warranty, and will
accept no costs as to the removal and installation of the products.
d) Seller reserves the right to change or improve the design of its pro-
ducts without assuming any obligation to modify any product pre-
viously manufactured.
e) Poor maintenance or improper use will result in loss of warranty.
f) Seller shall not assume responsibility for any labour expenses incur-
red by Purchaser in replacing or changing defective parts or equip-
ment covered by this warranty.
g) This warranty is granted to original Purchaser only and cannot be
transferred, unless authorised in writing by Seller. Purchaser shall
notify Seller of a defect within maximum 8 (eight) days from the
discovery thereof, and in no case later than 8 (eight) days after expiry
of the above stated warranty. Purchaser will notify fault by filling out
the "Passport", as distributed by Seller.
Any claims against this warranty must be substantiated at the time the
fault arises, and it will be at Seller's discretion to:
1) supply replacement parts ex ---works Seller's factory;
2) repair parts locally, with travel/living/labour expenses at Purchaser's
charge;
3) authorise Purchaser to have components repaired locally;
4) authorise Purchaser to buy replacement parts locally;
5) require Purchaser to return damaged parts to Seller, prepaid, for
repairs.
Seller has the right to ask for components, claimed as being faulty, to be
returned to its factory, transport prepaid, for inspection, or to request
Purchaser to keep these parts in stock for eventual inspection by Seller's
representative. Seller is not obliged to make any guarantee payments
before having had the opportunity to verify said claim in either manner
described above.
Any requests from Purchaser founded on the warranty clause or on
asserted non---fulfilment thereof on the part of Seller or others shall not
in any manner authorise Purchaser to delay or modify the agreed pay-
ment terms.
Liability for damage to property or other caused by goods
Purchaser shall indemnify and hold Seller harmless for any damage
caused by equipment to:
a) any (movable or immovable) property, where damage occurs while
equipment is in Purchaser's possession, or
b) products manufactured by Purchaser, or products of which
Purchaser's products form a part, or for loss or damage to any pro-
perty, where damage is caused by these products because of proper-
ties in the equipment.
Seller shall under no circumstances be liable for loss of production, loss
of profit, or any other consequential economic loss. The above is valid
both within and after the warranty period.

Intellectual property

Trademarks, commercial names or other distinctive marks on the goods
are of exclusive property of Seller, and will not be altered, changed,
removed or cancelled in any manner. Purchaser can use, to the limited
purpose of resale of the goods to the public, the trademarks, commercial
names and other distinctive marks, as well as other industrial exclusive
rights or Know---how associated with the goods, which nonetheless
remain the exclusive property of Seller. Any other utilization of the Intel-
lectual Property, if not expressly granted by Seller in writing, will be con-
sidered a violation of the aforementioned exclusive rights of Seller, also
under the profile of the contractual responsibility, and will be prose-
cuted.
Privacy
Purchaser declares to be aware that all data communicated will be han-
dled and utilized ex D. Lgs. 196/2003, according to what better specified
in the a latere agreement of the sales contract.
Disputes
All disputes arising from or in connection to the contract shall be judged
according to Italian law. The Court of Padua (Italy) shall have the exclu-
sive jurisdiction.