The Equipment is made in accordance with EEC Directives and is subject to strict controls during production testing. Automatic Lamination Technologies Srl (“Seller”) warrants to the entity identified on the purchase order to which this warranty is attached or referenced (“Buyer”) that the equipment manufactured by Seller and delivered to Buyer (the “Equipment”) will be free from defects in materials and workmanship for a period of twelve (12) months from the installation date, but not exceeding a period of fourteen (14) months from the shipping date. In the event of a breach of the foregoing warranty during the warranty period, Seller will provide the following remedies:
- During the first six (6) months from the installation date, Seller will repair or replace any machine components (“Parts”) recognize to be defective in material and/or workmanship, while the labor costs, only related to the technical service, will be bear by the Vendor. Indemnity travel costs for technical services will be charge to the Purchaser.
- From the date that is six (6) months from installation date until twelve (12) months from the installation date, Seller will repair or replace any Parts recognize to be defective in material and/or workmanship. However, during that period, all costs related to technical services, including labors costs, will be on Buyer’s account.
SPARE PARTS WARRANTY
(A)Seller warrants that, at the time of delivery, the Spare Parts shall be free from defect and meet the specifications given by the Seller, provided that those Spare Parts are used by Buyer for purposes that conform with those for which the Spare Parts are ordinarily used. In the event the Seller has not given a specification for Spare Parts, such Spare Parts at the time of delivery shall meet market standards of quality for similar industrial products. In the event a Product fails to comply with such warranty, Seller may at its discretion: (1) replace non-compliant Spare Parts; or (2) render Spare Parts compliant with the specifications of Seller or (as the case may be) with market standards of quality for similar industrial products; or (3) recall non-compliant Spare Parts and refund Buyer the total Sale Price to the Buyer.
(B)The above warranty is subject to: (1) Buyer having given written notice to Seller of the alleged defect in Spare Parts, such notice to be received by Seller within 14 (fourteen) days from the date of delivery of the Spare Parts in the case of patents defects, 14 (fourteen) days from the date in which latent defects are discovered; the action of the Buyer, under the warranty clause, shall be carried out in any case within 1 (one) year from the delivery of Spare Parts; (2) Buyer having allowed the Seller to inspect Spare Parts at reasonable terms; and (3) Buyer having ceased to use allegedly non-compliant Spare Parts when Buyer discovers the alleged defects it claims.
(C)Without prejudice to the item (A) above, and subject to mandatory law provisions:
- (1) any other warranties, whether implied or expressed, for the quality, merchantability or fitness of Spare Parts for their specific use are hereby expressly excluded; and
- (2) Seller shall be under no liability for any loss or damage which may be suffered by Buyer due to any defect or malfunctioning of Spare Parts not covered under this warranty.
EQUIPMENT AND SPARE PARTS WARRANTIES
NOTICE OF DEFECTS OR NON-DELIVERY
(A)Buyer, in order not to forfeit its rights, must communicate in writing to the Seller any alleged defects covered by the warranty under item (B) above within the terms.
(B)Buyer, in order not to forfeit its rights, must inform the Seller in writing of any quantity of Spare Parts received that differs to the quantity ordered (whether in excess or less) within 21 (twenty one) days of the date of the invoice issued by the Seller for the Products delivered.
(C)Upon the expiry of the term provided for under clause (B) above, the Buyer shall be deemed to accept the quantity of Products delivered. In such event, the Buyer will be therefore obliged to pay in full the Sale Price as indicated in the invoice issued for the Products effectively delivered.
There is no warranty on any accessories or consumables.
In the event of any breach of Seller’s warranty, Buyer must provide prompt written notification to the Seller describing with particularity the claimed breach. Seller will provide instructions related to the return of the defective Parts for repairing.
Neither Parts nor Equipment claimed to be defective can be returned without the prior written consent of Seller.
This warranty is valid only when the Equipment is installed in accordance with Seller’s specifications. This warranty will not reimburse or cover any damage resulting from adaptations or adjustments which may be made to the Equipment/Parts without the prior written consent of Seller. This warranty will not cover any damage resulting from neglect or misuse, including, but not limited to, failure to use the Machine for its normal purpose or in accordance with Seller’s instructions. The repairing or the replacement of any spare part of the machine during the warranty period, will not extend the natural warranty expiring. In case of return of a defective part, please contact the Seller’s Customer Service to request a RMA (Return Merchandise Authorization). RMA will be valid for 30 days from the issuing date. Returns will not be accepted without a proper RMA. All returned parts must be identified by a RMA number ,by the purchase invoice number and by a report clearly indicating the defects.
This warranty does not reimburse/cover:
- Transportation costs for the Parts from the Buyer to the service point and their subsequent return and other costs and risks of transportation relating directly or indirectly to this warranty.
- Technical engineer’s costs for travel, lodging and meals.
This warranty does not reimburse/cover any damage resulting from:
- Improper installation or use of software in violation of any intellectual property rights; or
- Accidents, lightning, water, fire, improper ventilation or any other cause beyond Seller’s control; or
- Defects of the system into which this Equipment is incorporated
This warranty will not apply if the type or serial number on the product has been altered, deleted, removed or made illegible.
Seller only will be liable for repairing and/or replacing defective Parts and for repairing any Equipment failure in accordance with the above mentioned conditions.
THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, AND, IN PARTICULAR, THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall the Seller be liable for any consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory. Seller’s liability will never exceed reimbursement of the purchase cost of the Equipment.If you need assistance, whether or not under warranty period, please contact Automatic Lamination Technologies Srl authorized Service Centre, or Automatic lamination Technologies or any of its affiliates directly as shown at http://www.dynachem.eu.