En-Warranty Conditions; Intellectual Property - Parker 200 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 notifi cation,
the goods shall be deemed as defi nitely 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 notifi cation 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 concerning part of the goods delivered,
or a single shipment of the same, shall have no eff ect 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
supplied 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 certifi ed by Seller. Certifi ed 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 certifi ed 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. Th is obligation is limited to repairing and
replacing, at Seller's factory, any part found faulty during said period,
with the following limitations:
a. Warranty is eff ective only if equipment has been installed, com-
missioned 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 qualifi ed technician. All products must be
fi tted with adequate pre-fi ltration upstream of the products itself;
Seller is excluded any obligation of compensation or refund for any
direct or indirect damage caused by its absence. Th e eff ects of ero-
sion, corrosion and normal wear-and-tear are specifi cally excluded
from this warranty.
b. Seller reserves the right to, for specifi c 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
Service 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 warranty.
c. Seller reserves the right to replace a product under warranty, and
will accept no costs as to the removal and installation of the prod-
ucts.
d. Seller reserves the right to change or improve the design of its
products without assuming any obligation to modify any product
previously manufactured.
e. Poor maintenance or improper use will result in loss of warranty.
f. Seller shall not assume responsibility for any labour expenses
incurred by Purchaser in replacing or changing defective parts or
equipment covered by this warranty.
g. Th is 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 aft er
expiry of the above stated warranty. Purchaser will notify fault by
fi lling 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 pay-
ments 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-fulfi lment 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 Pur-
chaser's products form a part, or for loss or damage to any property,
where damage is caused by these products because of properties in
the equipment.
Seller shall under no circumstances be liable for loss of production, loss
of profi t, or any other consequential economic loss. Th e above is valid
both within and aft er 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 indus-
trial exclusive rights or Know-how associated with the goods, which
nonetheless remain the exclusive property of Seller. Any other utiliza-
tion of the Intellectual Property, if not expressly granted by Seller in
writing, will be considered a violation of the aforementioned exclusive
rights of Seller, also under the profi le of the contractual responsibility,
and will be prosecuted.
Privacy
Purchaser declares to be aware that all data communicated will be
handled and utilized ex D. Lgs. 196/2003, according to what better
specifi ed 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. Th e Court of Padua (Italy) shall have
the exclusive jurisdiction