The Warranty for BELFIORE Srl products is provided under the following conditions:
1 – PRODUCTS
The Warranty is provided for products bearing the trademarks owned by BELFIORE SRL. The Warranty will not cover any products or components bearing different trademarks even if sold by BELFIORE SRL.
The Warranty will also not cover the following Products:
– electronic power supplies sold individually and not incorporated in BELFIORE SRL products;
– other Products incorporating LED modules, when sold individually.
2 – DURATION OF THE WARRANTY
The Warranty will cover the defects of the Products deriving in turn from component, material or manufacturing defects, if such defects are discovered within a period of 2 (two) years from the date of the invoice and reported in writing, providing a receipt of return, to BELFIORE SRL within 20 (twenty) days of discovery.
3 – TERMS OF THE WARRANTY
During the Period of Validity, BELFIORE SRL will repair or replace, at its discretion, but – in any case – at its own expense, any defective Products reported by B2B customers. The Products will be considered “defective” only if they fail to perform their functions, as indicated in the technical documentation provided by BELFIORE SRL, under normal conditions of use and service.
To allow BELFIORE SRL to confirm or deny the existence of the defects reported, B2B customers must keep the products intact, with all their components, and in the same condition in which they were found at the time of discovery of the defects, providing that BELFIORE deems it appropriate to perform its own checks.
BELFIORE SRL shall provide repair and replacement services under the following conditions:
– B2B CUSTOMERS must keep on file the date of purchase, delivery and installation of the Products, and a detailed, legible and comprehensible description of the alleged defects, written in Italian;
– B2B customers must return the Products intact and in adequate packaging (also in consideration of the specific transport needs to be met) and with all their parts;
– BELFIORE SRL reserves the right to replace the defective Products with equivalent Products which may vary from the original ones in terms of shape and size, provided that the requirements in terms of efficiency and functionality are respected;
– BELFIORE SRL also reserves the right to replace or repair defective Products with defect-free products, even recycled/reused ones, always on condition that these Products guarantee equal efficiency and functionality with respect to the original Products;
– the defective Products that are replaced remain the property of BELFIORE SRL.
4 – WARRANTY EXCLUSIONS
La The warranty does not cover:
– damage and defects due to or arising from incorrect installation or configuration, or other mounting or maintenance activities that do not comply with the applicable laws and regulations, or with the mounting instructions and technical specifications supplied by BELFIORE SRL, and/or installation or configuration carried out by inadequately qualified external personnel or technicians;
– damage and defects due to or arising from unforeseeable natural phenomena, unexpected events, inadequate electrical voltage or defective consumables, and – more generally – any accident or other external factors beyond the reasonable control of BELFIORE SRL;
– damage and defects due to or arising from the use of improper or non-original consumables;
– damage and defects due or arising from the carelessness, negligence or inexperience of the end user;
– damage and defects due to or arising from transport and handling;
– damage and defects due to or arising from surges, where these are not compatible with the thresholds allowed by the applicable standards IEC 61000-4-5: 2005 and IEC 61547: 2009;
– damage and defects due to or arising from the use of the Products in environments that do not comply with the voltage thresholds of the power supply and/or temperature and humidity allowed by the applicable standards in force, and – more generally – any electrical, mechanical or chemical stress not compliant with the aforementioned thresholds;
– Products that have been tampered with by B2B customers or third parties, subjected to repairs or voluntary structural alterations, modifications and adjustments or other;
– Products with respect to which B2B customers have not duly fulfilled their payment obligations, based on the terms and conditions of sale agreed with BELFIORE SRL.
– functioning Products that emit subjective noise, provided that, in any case, they are compatible with the thresholds allowed by the applicable laws in force;
– painted parts of Products that show discolouration or deterioration due to natural wear;
– the consumable parts of the Products the performance of which is normally limited in time due to natural wear;
– damage and defects that cause inadequate performance of the Products below their average nominal failure rate; taking into account that this rate, for power supplies and electronic components or for LED modules, is set at 0.2% (zero point two per cent) for 1000 (one thousand) hours of operation, unless otherwise indicated in the technical specifications provided by BELFIORE SRL;
– declines in the luminous flux of the LED modules below 0.6% (zero point six per cent) for 1000 (one thousand) hours of operation;
– changes or discrepancies, with respect to the Products incorporating original LED modules, in the luminous flux or light colour of the LED modules sent by the Guarantor to the Buyers in place of the defective ones, or in subsequent completion orders;
– alterations of the colour of the light of the LED modules, even compared to that of other Products incorporating LED modules;
– the activities specified in the instruction manual, which will remain the exclusive responsibility of B2B customers according to their abilities and at their own expense;
– repair or replacement of defective Products, if carried out directly by B2B customers or by third parties appointed by the latter, without the prior explicit written consent of BELFIORE SRL;
– the repair or replacement of the defective Products, if not returned intact by B2B customers, in adequate packaging (also in consideration of the specific transport needs to be met) and with all their parts or other products packaged or sold with them at the time of the first delivery by BELFIORE SRL;
– ancillary costs due to or arising from the repair or replacement of defective Products, including, but not limited to, those for mounting and disassembly (including those connected to lifting devices and scaffolding, as well as travel expenses of the external personnel or technicians who are in charge of such activities), labour, transportation of defective Products and/or repaired/replaced ones, transfers and disposal, which will consequently be borne by B2B customers;
– ancillary costs due to or arising from the repair or replacement of Products that are then found not to be defective, including, but not limited to, those for mounting and disassembly (including those connected to lifting devices and to scaffolding, as well as the travel expenses of the external personnel or technicians who are in charge of these activities), labour, transport of the allegedly defective Products, transfers and disposal, which will consequently remain the responsibility of the B2B customers, as well as those for the verification of the aforementioned Products, which will in turn be charged to B2B customers;
– repair or replacement of damaged/non-functioning Products that are not defective;
– ancillary costs due to or arising from the repair or replacement of damaged/non-functioning Products that are not defective, including, but not limited to, those for mounting and disassembly (including those connected to lifting devices and scaffolding, as well as the travel expenses of the external personnel or technicians who are in charge of these activities), labour, transport of the Products that are not defective, but damaged/not working or those repaired/replaced, transfers and disposal, which will consequently remain the responsibility of the B2B customers, as well as those for the verification of the aforementioned Products, which will in turn be charged to the Buyers.
5 – FORCE MAJEURE
BELFIORE SRL cannot be held responsible for any breach of the obligations under the Warranty, whenever such failure is caused by force majeure affecting BELFIORE SRL itself or the manufacturers of the components of the Products not directly manufactured by BELFIORE SRL itself. By force majeure we mean any event or circumstance outside the reasonable control of the affected natural or legal person that prevents the latter from fulfilling their obligations, or causes inadequate fulfilment of the aforementioned obligations in relation to the agreed conditions for the same, and that cannot be foreseen by the aforesaid natural or legal person acting with professional diligence at the time of the assumption of these obligations.
6 – LIMITED WARRANTY
BELFIORE SRL reserves the right to refuse to fulfil its obligations under the Warranty, if such performance would result in a violation of applicable laws in force. The rights granted by BELFIORE SRL will not include the right of B2B customers to claim:
– compensation for any loss of earnings connected with Product defects;
– compensation for any material damage caused by the defective Products;
– further compensation for damages deriving from any service interruption due to the same;
– any discount, deferment of payment or termination/withdrawal for just cause of/from any contracts for the purchase, supply or distribution of products – whether Products or not – that may have been entered into with BELFIORE SRL;
– as well as any other charges borne by BELFIORE SRL which are not expressly provided for by the Warranty itself. Furthermore, BELFIORE SRL cannot be held responsible for any damage to property caused by the aforementioned Products.
7 – APPLICABLE LAW
The Warranty and the warranties underlying the same shall be regulated and interpreted in accordance with Italian law, with the exception of its conflict-of-law rules, in case of the application of other foreign national laws, as well as of the United Nations Convention on the international sale of assets, where it has more restrictive conditions or a greater burden on the Guarantor.
8 – JURISDICTION
The Court of VICENZA (VI) – Italy will have exclusive jurisdiction over any dispute relating to the terms and conditions of the Warranty and the warranties underlying it, their validity, their application and their interpretation.