GUARANTEE
Professional purchaser do not enter in the foreseen discipline for consumer even if the products are the same and for this you apply Civil Code art. 1490 and ss., that provides a guarantee right of 12 months from the purchase date
TSEM guarantees the electronic parts of its instruments (PCB controller and PCB Power module) for 12 months from the purchase date of devices (6 months for electrodes and handles). Based on this guarantee,
TSEM obliges to repair and to substitute the product or the spare parts for free which resulted to be defected only after a verification in the manufacture and exclusively according to the evaluation of TSEM technicians. The extension of this eventual guarantee is of 5 years when expressively granted on the purchase document, it is intended for goods that are under a regular annual revision taken place in the manufacture according to the proposed term and condition from the same manufacture. Aesthetic parts, consumable spare parts, consumable materials are not included in the guarantee: 6 months for electrodes and handles. During the guarantee period, TSEM spa supply a repair service. The repair is, in each case, subordinate to the availability and/or traceability of spare parts.
Further on, the guarantee does not mean continuous functionality or without the product error and support services and technical assistance supplied by information given on the phone. These services are to establish separately. Eventual defects, faults and/or lack of quality must be communicated in written to TSEM spa, under penalty of the forfeiture guarantee within final deadline of 8 days from the delivery date of product, specifying product type, serial number, giving a detail and precise description of the verified condition.
The guarantee will be given less if the faults and/or damages are caused by:
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Neglect, tampering, misuse or abuse, improper installation and/or not in accordance to what is stated in the user manual and installation;
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Deterioration, abuse, accidents, force majeure or other causes that do not depend from the will of the manufacture such as lightning, atmospheric phenomenon, fire, public disorder:
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Overload tension and overload current, insufficient or irregular electrical feeder;
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The use of accessories or other components that are connected to the device which is not approved from the manufacture;
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Adjustment or modification to allow the device conformed to the security norm or technique that is applied in a country and which different with the norm from the original country of manufacture;
Damages occurred during the delivery from and to the client.
The guarantee does not apply to the purchase of “second hand” goods.
The purchase does not respond to the direct and indirect damages at things or persona as in the following: the use of device, lack of use of device even in the repair period, lack of information memorized by client in any type of form, at its loss, lack of observation towards the prescription indicated in the manual concerning the installation, use and maintenance of the device, everything except within the law limit. Each substituted product will be guaranteed for the remaining period of guarantee
TO BENEFIT the assistance within guarantee, the device must be integrated in its each part
There are cases where they are effected even during the repair to carry out in the guarantee or in this case, the device is resulted to be damaged heavily.
The devices are considered heavily damaged if following defects are present:
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They are tempered whether in the hardware and/or software as well as those that does not have labels which reported the codes and serial number was torn, covered or hardly to read.
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Electronically disassembled
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Gutted, deformed, squeezed, crack, etc
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Burnt or being electrocuted
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Immersed in the liquid or other type of material such as sands, calcium oxidation, corroded
The performance of “guarantee intervention” taken place in the “laboratori” and each substituted defected piece becomes the property of manufacture
The product must be accompanied by purchase fiscal document, also when there is a requirement of performance to the assistance center and not afterwards.
The manufacture reserve the right to refuse to act for their obligation if the presented data on the purchase documents and/or product delivery have been changed or cancelled after the purchase by the client and if they are lost at the moment of intervention requirement.
EXCLUSION OF OTHER GUARANTEE
TSEM spa does not recognize other type of guarantee, expressed or implicitly, including amongst other, the commercial guarantee and conveniences for a particular ending. The returned product, even if it is in guarantee, must be delivered and picked up from TSEM with the term of paid in advance. The goods always travel in risk and peril and therefore it is not TSEM S.p.A.’s responsibility for damages caused by transportation or loss from the part of courier even if the delivery is in the term of paid in advance. TSEM S.p.A. reserves his right to modify the product and the content in the manual without forewarning.
EXCLUSION OF RESPONSIBILITY FOR DIRECT AND INDIRECT DAMAGES
TSEM S.p.a or their supplier will not be responsible for damages (damages caused by the loss or missing of income, activity interruption, loss of profit, loss of data, loss of information or other loss of economy, damages on thing, damages to animals, damages to person, damages to imagines, accidental damages or special damages or any other damages in economy) derive from the use of product, even in the case that TSEM S.p.A. has been warned from these possibility of damages. In any case, the responsibility of TSEM S.p.A. towards these situation will be limited to a certain amount correspondent to the sum that has been paid for the product and will cease to have effect when the products resulted to be dismantled, tempered or repaired by others but the manufacture, incorrect connection, for unsuitable installation or when the serial number has been removed or cancelled. The responsibility of TSEM S.p.A. is excluded, further on, in the case of product defect that was not exist at the moment of the product sold.
JURISDICTION
For each controversial concerning the present term and conditions, the exclusive jurisdiction is in Naples.
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