GENERAL CONDITIONS OF THE CONTRACTUAL WARRANTY OFFERED BY FAMI
Every Fami Srl product that you purchase is accompanied by a contractual warranty (the “Warranty”) that is regulated in accordance with the terms and procedures specified below.
1.1 In the Conditions that follow, the terms specified below shall have the following meaning:
a) Seller: Fami Srl;
b) Customer: any party (physical person, company, body or legal entity) that purchases the Seller’s Products;
c) Product(s): the goods manufactured, assembled and/or marketed by the Seller, excluding Products under the Store Van brand.
2. SCOPE OF THE WARRANTY
2.1 Fami Srl guarantees that the Products are free from faults and conform to the technical specifications declared by the Seller.
2.2 It is agreed that the dimensions of Products are to be understood as taking into account the margins of operating tolerances existing on the market, with reference to the type, quantity and quality of the Products. The Seller, therefore, does not guarantee the Products’ compliance with particular specifications or technical characteristics or their suitability for particular uses other than those indicated in the technical specifications stated by Fami Srl and provided in the user and maintenance manual, unless such characteristics have been expressly agreed in the sales contract.
2.3 If Product defects are reported by the Customer and subsequently confirmed, the Customer will be entitled to have the Product repaired free of charge or, if repair is impossible or prohibitively expensive, the free replacement of the Product, at the sole discretion of the Seller and with the exclusion of any further or different obligation on the part of Fami Srl.
2.4 The Warranty does not affect the rights provided by Legislative Decree No. 206 06/09/2005, as amended and supplemented (the “Consumer Code”), if the Customer qualifies as a “consumer”. Such rights therefore remain intact.
3 WARRANTY APPLICATION CONDITIONS
3.1 To activate the Warranty, the Customer must inform Fami Srl, within the time limits stated in articles 4 and 5 below, of any defects found, by submitting a Complaint (the “Complaint”) containing the information specified in art. 5 below.
3.2 Once the Complaint has been made, the Customer must immediately refrain from using the defective Product(s).
3.3 Upon receipt of the Complaint, the Seller shall make every effort to ascertain the existence, nature and extent of the defects and to verify the timeliness of the Complaint pursuant to art 5 below. For these purposes, the Customer must make the defective Product(s) available for inspection, including through sending photographic documentation or the use of videoconferencing systems. The Product will be repaired by the Seller at its own premises or branch, or at the premises of an authorised dealer. The Seller reserves the right to repair the Product at the Customer’s premises. If necessary, the Customer will be required to send, at its expense, the defective Product to one of the above locations, as indicated by the Seller, notwithstanding the provisions of the Consumer Code. The Seller shall send the new Product or the repaired Product to the Buyer and shall bear the shipping costs.
3.4 The repair of a defective Product shall be carried out within a reasonable time in relation to the extent of the defect.
4. DURATION – COVERAGE PERIOD
4.1 The Product Warranty will have a duration of 10 years starting from the Product delivery date, except in the case of marketed products, electronic components, software and wear parts, which have a warranty of 12 months starting from the delivery date of the parts. Please note that “delivery date” is understood as the date on which the Products leave the Fami Srl warehouses for delivery to the Customer, unless otherwise provided for in the sales contract.
4.2 For repaired or replaced Products, the warranty begins again for 12 months from repair or replacement. Overall, therefore, the duration of the Warranty for Products repaired or replaced by the Seller is a maximum of 11 years or, in the case of marketed products, electronic components, software and wear parts, a maximum of 24 months from the beginning of the duration of the Warranty referred to in article 4.1 above.
4.3 Upon expiry of the term referred to in article 4.1 above, the right of recourse provided for by art. 131 of the Italian Consumer Code, when applicable, shall be considered as time-barred and inadmissible.
5. SUBMISSION TIME LIMITS AND PROCEDURES
5.1. During the period of validity of the Warranty, any complaints relating to the state of the packaging, quantities, number or external features of the Products (faults and defects not hidden and visible from the outside) must be specified by the Buyer on the delivery note, and the Transport Document must be signed, indicating the words “reserving all specific rights”. No later than 2 (two) working days from receipt of the Products, the Customer must send the Seller, in an email to: email@example.com, a copy of the delivery note and related photographic evidence, providing detailed information on the condition of the Products and the nature of the defects found.
5.2. Any complaints relating to defects not detectable by careful inspection at the time of receipt of the Products (faults and hidden defects) must be submitted to the Seller, under penalty of forfeiture, within and no later than 7 (seven) days from the date of discovery of the defect, via certified email to: firstname.lastname@example.org, specifying the precise product code, the batch (if available), the date of delivery and nature of the defect.
6. EXCLUSIONS AND LIMITATION OF LIABILITY
6.1 The warranty does not apply to products whose defects are due to: a) transport operations; b) non-compliance with measures that are part of normal maintenance practices; negligent and careless use; c) failure to follow the Seller’s instructions for the use and/or storage of the product; d) failure to comply with the installation norms, and/or any other indications or instructions shown on the technical notes supplied with the product if the Seller has not already directly performed the installation; e) tampering, maintenance in general, adjustments attempted by the Customer or by persons not authorised by the Seller; f) abnormal use and/or misuse of the Product, placement of the Product in damp, excessively hot, cold, dusty or harmful environments (with chlorine, lacquers, paints or other chemicals and/or toxic agents present) or in any environments not suitable for the proper storage of the Products, insofar as such circumstances have not been reported to the Seller before the purchase of the Products and the Seller has guaranteed the Products’ tolerability of such environments; g) worsening of the damage caused by the Customer’s use of the Products after the defects have been detected; h) use of spare parts, components and accessories that are not original or not recommended by the Seller (replacement or repair of non-original parts cannot be requested) and damage caused to the Product by the use of such parts; i) anomalies or defective functioning of the power supply;
l) corrosion, incrustations or breakages caused by stray current loads, condensation, aggression or acidity of water, improperly performed descaling treatments, sludge or lime deposits; m) unforeseeable circumstances, force majeure circumstances such as, by way of non-exhaustive example, frost, overheating, fire, theft, natural events (such as, for example, hail, tornadoes, lightning, floods, earthquakes), vandalism, accidents and other similar events.
6.2 The Warranty shall not be applicable if the selling price of the Products has not been fully paid, with the proviso that, if the payment is to be made by instalments, the Warranty shall be immediately applicable and shall remain so as long as the instalments are paid on time.
6.3 The Seller shall not be liable for any damage that may, directly or indirectly, be caused to persons, things or animals as a consequence of non-compliance with all the instructions in the installation, use and maintenance booklet.
6.4 The Seller declines all responsibility for indirect damage caused by the defectiveness of a Product such as, by way of non-exhaustive example, production stoppages or failure to ship or transfer the Product to third parties.
6.5 In any case, the Seller’s liability may not exceed the amount paid by the Customer for the individual sales contract, the content of which has given rise to the circumstances regarding a possible claim for damages and/or compensation.
6.6 The Products must be used only for the purposes specified and in compliance with safety regulations, in accordance with the instructions shown in the installation, use and maintenance manual provided by the Seller; if the Customer uses or resells the Products purchased and/or the Products from the Seller for any other purposes, they do so at their own risk and peril, with all consequent liability. In this case, the Seller’s contractual and/or extra-contractual liability is excluded both for any direct or indirect damage also suffered by third parties and is excluded also in the case of poor maintenance, improper use, failure to observe safety rules and other conditions; the Customer shall also hold the Seller harmless from costs and/or liabilities that may arise against him.
7. COMPETENT COURT AND APPLICABLE LAW
7.1 Any disputes arising from or related to these General Conditions of Warranty and/or individual Contracts such as, by way of non-exhaustive example, disputes relating to their existence, validity, interpretation, effectiveness or execution, shall be resolved exclusively by the Court of Vicenza, even if the Contract contains international elements, without prejudice to the mandatory regulations of the Consumer Code.
7.2 These General Conditions of Warranty are entirely governed by and shall be interpreted under Italian law, even if the Contract has international elements, with the express exclusion of the 1980 Vienna Convention.
8. FINAL PROVISIONS
8.1 These Conditions of Warranty are drawn up in the languages of the website. In the case of doubts of interpretation, the Italian version will prevail.