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1.1 The products ordered by the buyer will be manufactured on the basis of the order, according to the needs of the buyer and on the basis of the order, according to the needs of the buyer and on the basis of the information provided by the buyer; the buyer may not, therefore, reject the delivery of the Products or their installation, unless such Products are so defective that they are unsuitable for the functions they were manufactured for.
1.2 During the installation, the system will be adjusted by our technical staff, and needs no adjustment. Should extra mechanical, electrical or software adjustment be needed the Customer must get in touch with Comecer S.P.A. to receive permission to proceed.
1.3 Any information contained in catalogues, brochures, circular notes, advertising, illustrations, price lists or other documents of the seller sent to the buyer will not be binding and may not coincide correctly with the relevant items. Comecer S.P.A. also reserves the right to modify the items offered without advance notice.
1.4 All the products of the seller undergo diversified tests according to the technical specifications. The tests will be carried out at Comecer S.P.A.
1.5 In addition to the above, the buyer will provide Comecer with all the relevant information concerning the placement and use of the Products (for example, special environmental conditions). Especially, but not exclusively, should the Products be used in a country not belonging to the EU, the buyer must notify Comecer, in writing and when making out the order about any specific requirement involving the Products ordered (e.g., previous authorisations, certifications, standards or features required by administrative regulations for environmental safety, or any other applicable regulation).
1.6 Should the purchaser fail to notify Comecer in time, according to the above agreement, Comecer will not be reliable for any delay in delivering the Products. It is understood that all the costs and expenses which Comecer may have to deal with in order to comply with the above regulations/features for which the buyer alone will be liable;
1.7 Both parties engage to preserve the confidential nature of any information or know how shared in order to manage the contract or acquired in any way. All industrial or intellectual property rights relevant to the Products belong and will belong exclusively to the seller.
2.1. The seller warrants that the Products comply with the specifications on the order the seller has accepted, in compliance with what has been expressly agreed upon in the “technical features” previously set down between the parties and accepted by the buyer. The warrant for faults is limited only to Product defects stemming from manufacture or imperfection of the material used, detected inside the Product.
2.2. The warranty will elapse if the Products returned as defective turn out to have been tampered with or repaired or used in an improper and incorrect manner, without the permission of the seller.
2.3. The duration of the warranty is limited to 12 months, running from the day of installation, and is subject to proper report made out by the buyer according to the following article, as well as to express request in writing to the seller to perform a warranty operation. On the basis of the above request, the seller must (at his own choice), and within a reasonable span of time, considering the entity of the complaint, either:
a) Provide the buyer free of charge products of the same kind and amount as those which turned out to be defective or not to comply with what was agreed upon; the seller, in such case, may demand the return of the defective products, which become his property;
b) Repair or replace, at the seller’s expense, the defective product or modify the one which does not comply with the agreement. Should a technician of the seller have to be on site, travel board and lodging expenses of the technician will be covered by the warranty.
c) Refund the seller for any damage, through a discount of an amount to be settled on a case by case basis, according to the kind and amount of damage.
2.4. The Seller will in no way be reliable for repairing or replacing the goods if:
a) The damage arose during transport;
b) The defect is due to voluntary damage or negligence by the Customer;
c) The Product was used for a purpose different from the one it was intended for;
d) The Product was repaired by the Customer without receiving approval from the Seller;
e) The total amount due was not paid out completely by the agreed upon date.
For automatic systems (Altea, Dorothea, Elfo, Get, Theo and Timotheo), the Warranty will elapse should the Customer not use the original disposable sterile kits suggested by Comecer.
2.5. The warranty hereinunder takes over and replaces legal warranties for faults and compliance and rules out any other liability of the seller in any case stemming from the products provided, especially the buyer may not make any other claims for payment of damages, price cut or termination of the contract, once the duration of the warranty has run out, no claim may be made on the seller.
2.6. The amount due to the buyer for any damages may not in any case exceed the amount referring to the price of sale.
2.7. Also, the seller may in no case be held liable for indirect or consequential damage or loss of revenue due to accidents of any kind which may take place during the use of his products, or should the buyer or anyone else use the Products for any purpose other than those provided for without previous permission in writing from the seller.