Common use of WARRANTY TERMS AND CONDITIONS Clause in Contracts

WARRANTY TERMS AND CONDITIONS. 1.1 The Seller guarantees sold goods against any manufacturing defects for twelve months from the purchasing date. This warranty only covers hardware product components and only applies to hardware products manufactured by or on behalf of the Seller and that can be identified through the mark, the trade name or the “Gilbarco” logo on them, or anyway equipped with the relevant sale invoice. The software (by the Seller or by third parties) is subject to licence contracts with the final user or to distinct warranty conditions.‌ 1.2 Should any manufacturing defects be detected within the warranty period, the Seller or one of its authorised service shops shall repair/replace defective goods within the terms and under the conditions stated below, without any charge to the Buyer for the labour costs incurred to repair and/or replace the goods. 1.3 Replacement under warranty conditions shall only be performed if the defect is notified to the Seller within the warranty period. Procedures to request interventions under warranty conditions are subject to the following rules. In the event of an obvious defectiveness or incompleteness of the service or the supply, we are to be notified thereof in writing without delay, but at the latest within 8 days after receipt of the supply or service, and in the event of hidden deficiencies without delay but at the latest within two weeks after detection of the defect, including a precise description of the defect. At our request the defective goods are to be returned to us. Claims of the Customer on account of defectiveness or incompleteness of the delivery or service are excluded if it fails to comply with this obligation. Apart from that, German law sec. 377 HGB shall apply. Before requesting an intervention under warranty conditions the Seller encourages the user to thoroughly read the relevant operating instructions. This warranty shall not be applicable if the model indication or the serial number on the product have been modified, deleted, removed or made unreadable.

WARRANTY TERMS AND CONDITIONS. 1.1 8.1 The Seller guarantees sold goods against any manufacturing defects for twelve months from the purchasing date. This warranty only covers hardware product components and only applies to hardware products manufactured by or on behalf of the Seller and that can be identified through the mark, the trade name or the “Gilbarco” logo on them, or anyway equipped with the relevant sale invoice. The software (by the Seller or by third parties) is subject to licence contracts with the final user or to distinct warranty conditions.‌conditions. 1.2 8.2 Should any manufacturing defects be detected within the warranty period, the Seller or one of its authorised service shops shall repair/replace defective goods within the terms and under the conditions stated below, without any charge to the Buyer for the labour costs incurred to repair and/or replace the goods. 1.3 8.3 Replacement under warranty conditions shall only be performed if the defect is notified to the Seller within the warranty period. Procedures to request interventions under warranty conditions are subject to the following rules. In the event of an obvious defectiveness or incompleteness of the service or the supply, we are to be notified thereof in writing without delay, but at the latest within 8 days after receipt of the supply or service, and in the event of hidden deficiencies without delay but at the latest within two weeks after detection of the defect, including a precise description of the defect. At our request the defective goods are to be returned to us. Claims of the Customer on account of defectiveness or incompleteness of the delivery or service are excluded if it fails to comply with this obligation. Apart from that, German law sec. 377 HGB shall apply. Before requesting an intervention under warranty conditions the Seller encourages the user to thoroughly read the relevant operating instructions. This warranty shall not be applicable if the model indication or the serial number on the product have been modified, deleted, removed or made unreadable. 8.4 To the maximum extent permitted by law, expenses incurred for the transport, the packaging and the management of shipping to the Seller shall be fully borne by the Buyer. Expenses incurred for the transport, the packaging and the management of shipping to the Buyer shall be borne by the Seller. 8.5 The Seller reserves the right to replace defective goods or their components with new or repaired products or components. All replaced products and components shall become the property of the Seller. 8.6 This warranty does not cover: (i) the software (by the Seller or by third parties) subject to licence contracts with the final user or to distinct warranty conditions; (ii) the periodic maintenance operations and the repairing or replacement of parts due to wearing or tear; e.g. glass, filters, V-belts, bulbs, hanging hardware (hoses, nozzles, hose retraction); (iii) expendable items (components that are likely to request periodic replacement during the product useful life, like batteries, printer cartridges, etc.); (iv) damages or defects due to inappropriate product employment, use or treatment, for purposes other than normal usage; (v) damages or defects due to transport; if the transportation is not assigned to the Seller according to the agreed delivery term per section 6.1 above; (vi) damages or defects due to incorrect product storage; if the storage is not assigned to the Seller according to the agreed delivery term per section 6.1 above (vii) damages due to product usage under environment and operating conditions that are abnormal, or anyway do not comply with the specifications contained in the user and installation manual; (viii) damages that are not duly notified in writing to the Seller according to section 8.3 above (ix) damages where the Buyer has not sent back the defective parts without inappropriate delay to the Seller, in the case that this was requested by the Seller; (x) damages or product changes due to: I. incorrect use, including: (a) treatments causing damages or physical, style or surface alterations to the good; (b) wrong installation or use of the good for purposes other than the designed ones, or failure to follow the Seller’s installation and user instructions; (c) incorrect good maintenance, not complying with the manufacturer’s proper maintenance instructions, including the use of spare parts that are not genuine or indicated by the Seller; (d) good installation or use not complying with the technical or safety regulations in force;