Ponte nelle Alpi, 19th January 2023
Warranty terms
GENERAL TERMS
- All products and / or accessories sold by Bellitalia S.r.l. (hereinafter "Bellitalia") to a natural and legal person not qualified as a Consumer, pursuant to Legislative Decree no. 206/2005, are guaranteed in compliance with the conditions reported here. Below, the products and / or accessories supplied will be indicated as "Products", while the customer who purchases the Bellitalia products will be called "Customer".
- Bellitalia guarantees that the Products are free from defects in design and / or material and / or manufacturing for a period of 2 (two) years from the date of their delivery, as indicated in the transport documents issued by Bellitalia. If the materials ready in Bellitalia site are not received / shipped according to commercial agreements, the guarantee starts from the confirmed term of ready material.
- It is understood that, upon delivery, the Customer must check the conformity of the Product with the purchase order: any discrepancies relating to quantity, weight, dimensions and any other obvious defect of the Products supplied must be communicated in writing to Bellitalia, also by fax, within 15 (fifteen) days from the delivery date, with the notification of all the data necessary for a timely check and, in any case, before any further processing of the specific defective Product. Weights and dimensions mentioned above may undergo slight variations within the limits dictated by the changeability of the raw materials and the tolerances of processing and production. After this period of time, the Products will be considered accepted. Bellitalia will not accept any claims related to defects or defaults that should have been ascertained during these checks.
- In any case, if, after discovering a defect or a non-conformity, the Customer proceeds to the elaboration or installation of the Products, the relative complaints will be rejected; the processing or installation of the Product excludes the possibility of complaints concerning the defects in question and confirms their acceptance in full.
- Any defect or non-conformity of the Product that should arise after delivery, must be communicated in writing to Bellitalia, also by fax, within 15 (fifteen) days of its discovery. The Customer must specify the error detected and the related Products involved, preferably by providing together images and details together with a detailed description of the findings. The Products involved in the complaint must always be made available to Bellitalia employees, who will evaluate the error, and must be stored in correct locations and conditions. Bellitalia does not accept claims relating to Products that have not been stored correctly.
- In case of validation and application of the warranty, Bellitalia will repair or replace the defective Products free of charge, without prejudice to any other remedy, if these solutions cannot be applied. Bellitalia will bear the costs of returning the Products repaired or replaced, while the Customer will have to bear all other costs, including those relating to the dismantling and reinstallation of the Product, for all those operations to be carried out directly on the installation of the Product and / or on the site of storage, and for the delivery of defective products (or components) to Bellitalia. In any case, the Customer must follow all instructions provided by Bellitalia, also for those operations to be carried out on the end user's site, or regarding the Product and / or the disposal of the components.
- This Warranty will not be valid in case of inadequate use, processing or modification of the Products; Installation or removal of the product not in accordance with the specifications established by Bellitalia; improper use of the product; storage and / or improper handling of the product; inadequate or insufficient maintenance and cleaning with respect to the instructions provided by Bellitalia, general specifications or requirements related to the environment in which the Products are installed (in case of doubts about the correct maintenance operations, the Bellitalia Quality Departments are at your disposal to inform you the correct procedures to be adopted). Bellitalia will not be held responsible for any direct or indirect damage resulting from such behaviour.
- It is understood that any data or information on the weight, size and technical characteristics of the Product resulting from catalogues, price lists or any other sales document made available to the Customer will be binding for Bellitalia, and will also be complained by the Customer only to the extent that such data or information has been expressly mentioned in the confirmation of the order of Bellitalia or in any other document that Bellitalia obligations towards the Customer. Likewise, the conformity of the Products to any sample or design included in the catalogues or other similar documents cannot be interpreted as such and cannot be the subject of complaints. In particular, the colours and appearance of the finishes of the Products may differ more or less significantly from the samples and / or images shown in the documents, if applicable to the individual characteristics of the Product, and cannot be the subject of complaints as our products are mostly derived from natural products. For paints, standard tables are used within the basic deviations defined by the reference tables. In the case of products not treated with pigments or simply galvanized, the variability depends on the raw material and cannot be a cause of complaint.
- This Warranty supersedes all legal warranties related to defects and relieves Bellitalia of any other responsibility in relation to the Products supplied, in accordance with the law. In particular, this Warranty does not entitle the Customer to request any refund and / or indemnity due to direct or indirect damages caused by the limitation or non-use of the supplied Products, including, but not limited to, damages related to the Product Processing Costs, management costs and loss of profit. Except in the case of intentionality or heavy negligence, Bellitalia is only responsible for the amount invoiced for the supply of defective or damaged products.
- These warranty conditions will apply to both the end user and the product dealer. The Dealers will exercise an action under a right of withdrawal against Bellitalia for the costs incurred to restore the conformity of the Product (repair, replacement or other remedies) to the end user, within the terms set out in paragraph 2, under penalty of forfeiture.
- This Warranty is not valid in case of failures resulting from standard use and consequent natural or induced wear of the Products.
- These warranty conditions are governed by Italian law (with the explicit exclusion of the provisions established by the United Nations Convention on the international sale of goods (Vienna, 1980), in case of supply to a foreign customer). In case of disputes arising from these general warranty conditions, these will be resolved in the Court of Treviso.
- In the event of serious dispute or if required, tests were required to verify the goodness of the materials, the same will be fully borne by the applicant, including all ancillary costs for the completion of practices and any work, travel, shipments etc.
- Bellitalia reserves the right to modify this contract at any time, in accordance with international guarantee standards. The modifications will be considered valid only and exclusively for all orders after the date of the modified document and not retroactive.