10. GUARANTEE
a) In business relationships or in case of products sold for professional use, this warranty is limited to the repair
or replacement of product parts that FRATELLI COMUNELLO SPA acknowledges as defective, through equivalent
re-manufactured Products (the "Conventional Warranty"); the warranty does not include the costs necessary for
repairing or replacing the material (e.g. labour costs, rental of equipment etc).
b) The provisions contained in articles 1490 to 1495 of the Italian Civil Code shall not apply.
c) FRATELLI COMUNELLO SPA warrants the proper operation of the products within the limits indicated in a) above.
Unless otherwise agreed, the validity of the Conventional Warranty is 36 (thirty-six) months from the production
date, which can be found on the products. The Warranty shall be effective and binding on COMUNELLO only if the
product has been correctly installed and maintained in accordance with the installation and safety rules set out in
the documentation provided by COMUNELLO or otherwise available on the website http://www.comunello.com/
corporate/ general_conditions_sales/
d) The warranty does not cover: failures or damage caused by transport; failures or damage caused by defects in
the electrical system of the buyer and/or by carelessness, negligence, inadequate or abnormal use of such system;
failure or damage due to tampering carried out by unauthorized personnel or due to incorrect use / installation
(in this regard, system maintenance at least every six months is recommended) or the use of non-original spare
parts; defects caused by chemical agents and/or atmospheric phenomena. The warranty does not cover the cost
of consumables; in any event, COMUNELLO shall be entitled to a consideration for the work performed at the
Customer, where such work proves useless as the warranty did not apply or because the customer had used the
Comunello product in a negligent, reckless or incompetent manner, such that the proper use of the product could
have avoided the work.
e) Implementation terms: unless otherwise agreed, the right to the Conventional Warranty is exercised by showing
a copy of the purchase document (invoice) to COMUNELLO. Any defect must be notified to COMUNELLO within the
time limit of thirty (30) days from detection of the defect.
The action must be exercised within the limitation period of 6 (six) months from detection of the defect. The Product
parts for which the Customer requests application of the Conventional Warranty must be returned by the Customer
to FRATELLI COMUNELLO SPA, Via Cassola 64, 36027 Rosà (VI) Italy.
f) The Customer cannot claim compensation for indirect damage, loss of profits, loss of production and in any case
it cannot claim compensation for an amount that exceeds the value of the supplied components or products. All
transport costs for Products that have been repaired or to be repaired, although covered by the Conventional
Warranty, shall be charged to the Customer.
g) No external work carried out by Comunello technical staff is covered by the Conventional Warranty.
h) Specific amendments to the Conventional Warranty conditions described herein can be defined by the parties in
their commercial contracts.
i) The Court of Vicenza (Italy) shall be the place of jurisdiction for any dispute which will be settled according to
the Italian laws.
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