Glossary; Warranty Conditions - Cavagna group VIPROXY Serie Manuale Di Uso E Manutenzione

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Glossary

Meaning of the symbols used in this manual:
P1 = Nominal inlet pressure of the valve (bar)
P2 = Nominal outlet pressure (bar)
Q = Minimum guaranteed flow (nl / h)
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Warranty conditions

1 – Product conformity
Pergola warrants conformity of the products manufactured and furnished (hereinafter "Products") provided that the following
conditions are complied with. "Product conformity" shall mean compliance thereof in terms of quantity, quality and type with the
indications of the sales contract and the absence defects that could make the unsuitable for their intended use.
2 – Scope of the warranty
This warranty is restricted to defects due to shortcomings in design, material and construction ascribable to Pergola. It is not
applicable in the case in which Purchaser is unable to prove correct use and regular preservation and maintenance of the Products
or if these have been modified thereby without Pergola's prior written consent.
Pergola shall not be liable for Product non-conformities ascribable to normal use of parts that, due to their nature, are liable to
rapid, continuous wear and tear (e.g. gaskets, etc.).
Generally, Pergola shall not be liable for any non-conformities caused by any event subsequent to transfer of risk to Purchaser.
This warranty is valid only if the products have been installed, used and maintained according to Pergola's instructions (inserted in
the instructions sheet, if available) and legal requirements and provisions and voluntary or mandatory regulations applicable in the
countries where the products are used or, in the absence thereof, in accordance with sector best practice.
3 - Complaints
Purchaser shall verify product conformity and absence of defects and notify any non-conformity to Seller as indicated below:
a) Apparent defects: complaints relating to quantity, colour, quality defects or non-conformities evident to Purchaser on taking
possession of the goods shall be notified with a short time from the moment in which the products have reached the place of
destination and, in any case, under penalty of forfeiture (of the warranty) no later than 15 days from such time.
b) Hidden defects: hidden defects, flaws or non-conformities (i.e. those that cannot be identified during the inspection required by
law and by the foregoing sub-paragraph referring to Purchaser) must be notified with a short time from when discovered and,
in any case, under penalty of forfeiture of the warranty, no later than 2 years from the date of delivery.
Complaints shall be submitted by registered letter addressed to Pergola containing a detailed description of the defects or non-
conformities concerned, also specifying the batch number of the Product.
Purchaser shall forfeit the right to the warranty if it does not permit any reasonable control requested by Pergola or if, after
Pergola has requested return of the faulty Products at its expense, Purchaser fails to return these with a short time from such
request.
If the complaint is unfounded, Purchaser will be required to reimburse all expenses incurred by Pergola to verify the complaint
(labour, expert opinions, transport costs, etc.).
4 – Remedies
Following the Purchaser's report, notified in accordance with point 3 above, Pergola, within a reasonable period according to the
contents of the complaint, may at its discretion:
a) Provide EXW to Purchaser Products of the same type and in the same quantity as those found to be faulty or not complying
with agreements; in such case, Pergola may request return of the faulty Products which shall become its property.
b) Terminate the contract, offering to return the amount paid in exchange for return of the Products furnished.
No further costs (such as disassembly and/or reassembly of the Products, transport from/to the plants of the Purchaser's
customers, etc.) may be charged to Pergola.
5 – Limit of liability of Pergola
The warranty set forth above replaces all and any legal warranty for faults, defects and non-conformities and excludes any further
liability of Pergola, arising in any way, for the products furnished. In particular, Purchaser may not claim any further compensation
for damages, reduction of the price or termination of the contract. Following expiry of the warranty period, no valid claim may be
made against Pergola.
Pergola shall not be liable in any case towards Purchaser for any direct, incidental, indirect, extra-contractual or punitive damages,
including but not limited to claims for damages based on loss of income or profits, caused in any way.
No exception to the conditions of this point and to those above shall be considered valid if not expressly and specifically defined
and accepted by the parties in writing.
Cod. 2379446342 Rev.B6 Index 15648 - 08/2016 www.cavagnagroup.com 27