Common use of Guarantee Exclusions Clause in Contracts

Guarantee Exclusions. 18.1 The Seller will not be responsible in case the Purchaser or the final customer have not stored and taken care of the Products in an appropriate way or anyway in conformity with the possible recommendations supplied by the Seller for the use and maintenance of the products that the Purchaser declares to know well. 18.2 The Purchaser looses the right to the guarantee, if the complained failures result caused by: force majeure causes; the same Purchaser, its dependents, or third parties; from wrong installation; inexperience in the running of the machinery; wrong or anomalous use; bad or omitted maintenance; repairing, replacements and modifications executed without the authorization of the Seller. 18.3 The Purchaser looses the right to the guarantee also if he does not allow any possible check requested by the Seller or if, upon the Seller’s request, The Purchaser does not return the Product or its faulty component within ten days from the request. 18.4 All the electrical parts and the ones that due to their nature or use are subject to inevitable wear and tear are excluded from the guarantee. 18.5 Except different written agreement, no guarantee is released by the Seller regarding the conformity of the Products with the standards and regulations of any nature, expressly including also the safety and accident-prevention standards, in force in the Country of the Purchaser, if different from those in force in Italy. 18.6 The Seller will have no obligation to adapt the Products, after the sale, to the standards that came into force successively. 18.7 However, without prejudice for what above-mentioned, the Purchaser has the obligation to inform the Seller about the existence, the precise content, and the right standards reference of binding laws in force in its Country, regarding the Products or their packing. 18.8 In no case, the Purchaser can compensate the price of the goods through possible credits he has with Seller. 18.9 The Purchaser declares to be aware of the fact that the Products can be dangerous for the people or the property if not installed or used in full conformity with the assembling and use instructions supplied by the Seller. 18.10 The Seller is not responsible for any damage caused by the installation or use of the Products not in conformity with the instructions supplied by the same Seller o by the installation of the Products with other products or devices, even if regarding safety, not produced or supplied by the Seller.

Appears in 2 contracts

Sources: General Sales Conditions, General Sales Conditions