General terms and conditions of the warranty

This document presents the warranty conditions offered to any customer for all the pieces of equipment manufactured by MECMAR and sold to him through MECMAR directly or through the authorized MECMAR Sales and Service representative. The general warranty conditions hereunder described do govern the relationship between final customer of a MECMAR product, hereunder called “the buyer” and MECMAR factory, called “the manufacturer”, following the sales of new product manufactured by MECMAR, through an authorized MECMAR Sales and Service representative, called “the seller”. The fact that the buyer places an order of a MECMAR product means that he has read the present policy and does accept its provision. Any other general or particular provision, that differs from or contradicts one of the general or particular conditions described hereafter which may appear in any document from the buyer and especially in its general purchasing conditions, cannot be used against the manufacturer unless accepted by MECMAR in a written agreement.

Article 1

The warranty covers all structural, mechanical, hydraulic and electrical parts with the exception of following normal wear and tear items. MECMAR warrants that each new item of equipment is of good workmanship and is free from mechanical defects, provided that: 1) The product is installed and operated in accordance with printed MECMAR Equipment’s instructions. 2) The product is used under normal operating conditions, for which it is designed, 3) The product is not subject to misuse, negligence or accident, 4) The product receives proper care, lubrication, protection and maintenance under the supervision of trained personnel, 5) The product is normally protected from exterior aggressions in normal weather condition and under normal ambient.

Article 2

This warranty expires, unless otherwise agreed by MECMAR in a special provision, 12 months after shipment or at least 18 months after shipment if in presence of a broker. Warranty of parts or components on a MECMAR product which are not manufacture of MECMAR are limited to their Vendors’ warranty. Article 3 The MECMAR Warranty is strictly limited to the replacement of defective parts and if the repair does justify it, to the assistance of a technician. Parts shipping expenses and traveling and housing expenses of personnel are to be paid by Buyer. _______________________________________________________________________________________________________________________________
Via Copparo, 29 - 37046 MINERBE - VR - Italy Cap Soc. € 1.300.000,00 I.V. Tel +39 0442 99229 - fax +39 0442 99531 R.E.A. VR 1791 c.f. , p.i. e n° iscrizione Reg Imp VR: 01414680239

Article 4

The MECMAR Warranty does not apply to fluids, oils, fuses, bulbs, accumulators, paint, seals, tires, bumpers, pads, conveyor belts and other consumables or normally wearing type items unless found to be defective prior to use.

Article 5

All warranty claims from the Buyer must be sent by written to Seller who will be in charge of dealing with the Manufacturer to address the problem within 8 days. All the expenses of travelling and housing of MECMAR personnel related to a warranty claim will be invoiced to the buyer if MECMAR employees have to inspect/evaluate the claim at final destination.

Article 6

This warranty is extended by MECMAR only to the buyer of new products from MECMAR or of its authorized distributors. The products purchased under this warranty are intended for use exclusively by the buyer and his employees and by no other person. Therefore, there shall be no third party beneficiary of this warranty.

Article 7

This warranty does only apply to the primeval reason. In other words, the consequences on the product linked to its use after first problem are not covered by this warranty.

Article 8

Under no circumstances whatever shall MECMAR and the seller be liable for any special or consequential damages, whetherbased on lost goodwill, lost resale profits, work stoppage, impairment of other goods or otherwise, and whether arising out of breach of any express or implied warranty, breach of contract, negligence or otherwise, the case of personal injury as may be required by applicable law; MECMAR’s liability is limited to conditions and limits of Product Liability Insurance Policy. Product Liability Insurance Policy with Generali italia SpA num. 761636050.

Article 9

The warranty is automatically void by MECMAR in the following cases: 1) Non compliance with normal use as provided by MECMAR service handbooks and maintenance instructions or with specific purchasing purpose; 2) The product has received some modification, not advised by MECMAR or not done following MECMAR requirements. 3) Some original parts have been replaced by parts not provided by MECMAR. 4) The product (or its parts) has not been installed, maintained or operated in accordance with instruction given by manufacturer. 5) The appliance has undergone repairs, modifications, or dismantled by any other person prior verification of approval by MECMAR. 6) Any damage caused by misuse, neglect in usage or maintenance, accidents, exposure to extreme temperatur es, acids (aggressive ambient), water, salt air, unsuitable storage, excessive impact or transport damages or caused by abnormal voltage or in-coming power supply from a generator. _______________________________________________________________________________________________________________________________
Via Copparo, 29 - 37046 MINERBE - VR - Italy Cap Soc. € 1.300.000,00 I.V. Tel +39 0442 99229 - fax +39 0442 99531 R.E.A. VR 1791 c.f. , p.i. e n° iscrizione Reg Imp VR: 01414680239 7) Defect caused by fire, lightning, electrical disturbance, negligence, accidents and other natural disasters or due to deviation from recommended application and installation. 8) Defect caused by household pests such as lizard, rat, cockroach, etc. 9) Defect caused by chemical reaction, excessive heat, excessive dust, corrosive surroundings, such as cement factory, animal farm, etc. 10) Components parts which require replacement in the ordinary course of use due to normal wear and tear by reasons of their characteristic, including accessories. 11) External appearance parts which include cabinet, knobs, hoses, joints against damages, scratches and ageing.

Article 10

This warranty and all undertaking of MECMAR shall be governed by the laws of manufacturer’s country and discussed in front of nearest court from the manufacturer’s