GUARANTEE (Section n. 8 from Standard Conditions of Sale)
8.1. The Seller guarantees, for a period of 24 (twenty-four) months from the delivery, as governed by clause 5 above, that:
(i) the Products are free from defects in material and workmanship;
(ii) the Products comply with the requirements specified in the detail list contained in the
Seller’s order confirmation and expressly agreed as binding between the parties;
(iii) the Products are not subject to efficiency variation over ± 10 (ten) %, which shall be
deemed as the usual tolerability.
8.2. Exception made for any different written agreement between the Parties, the Seller does not guarantee the compliance of the Products with the laws, if any, in force in non-EU Countries where the Buyer will use and/or market the Products.
8.3. Within 24 months from the date of delivery of the Products to the Buyer and subject to the regular payments of the Buyer and to the Buyer’s claim according to the provisions set forth by the following Section 9, the Seller shall replace or repair, free of charge, except for transport expenses, any defective Product.
8.4. The guarantee set forth under this article is not effective in case of lack of compliance or the defects of the Products are due to their not correct installation and/or assembling, to abnormal usage conditions or to usages different from those indicated by the Seller and to which the Product is intended, to defective maintenance, to inappropriate conservation or storage or to the normal wear, to untrue or uncompleted information provided by the Buyer, to modifications of the Products required by the Buyer and to all the actions in general from the Buyer or third parties on the same Product.
8.5. The only guarantee granted by the Seller is the guarantee set forth under this article, that absorbed and supersedes any other contractual or legal guarantee for defects or lack of quality or operating. Namely, in no case the Seller shall be held liable for damages, including any indirect damages and/or loss of profit which the Buyer may suffer arising out of or caused by defective Products such as, but without limitation to, cancellation of orders by Buyers, penalties for late deliveries, forfeitures or indemnification of whatsoever nature.
8.6. The period of 24 (twenty-four) months from the delivery is extended to 48 (forty-eight) months from the delivery, as governed by clause 5 above, for the main stators (main stators wound and power cables) of alternators with output voltage higher than 3 kV.
8.7. For orders where an onsite commissioning or factory acceptance tests (FAT) is part of commercial agreement between the Seller and the Buyer, warranty period starts from the positive conclusion of the commissioning or FAT activity. Official warranty date will refer to the activity report signed by the Seller representative.