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Intellectual Property - Parker Hiross Polestar-Smart series Benutzerhandbuch

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  • DEUTSCH, seite 27
EN-Warranty conditions
Claims and complains
Purchaser shall inspect the delivered goods and notify Seller, in writing and within 8 (eight) days from
the delivery date, of defects found or that may be found upon a preliminary inspection, or any other claim
related to the goods. Should Purchaser fail to make such notifi cation, the goods shall be deemed as defi nitely
accepted and in compliance with what is set forth in the contract, without being prejudicial to the possibility
to report any hidden defect, assuming this is within the warranty period; in any case the notifi cation of the
defects must be communicated within 8 (eight) days from the discovery thereof. If the received goods have
been damaged during transit, Purchaser will have to highlight this on the C.M.R. or on the Delivery note.
Expenses related to the shipment of any eventual returns shall be borne by Purchaser. Possible objections
concerning part of the goods delivered, or a single shipment of the same, shall have no eff ect on the rest of
the order, nor on the payment of goods already received and not promptly challenged.
Drawings and installation details
Drawings, models and instructions for the installation of equipment supplied are the exclusive property of
Seller; Purchaser cannot pass these to any third party. Seller does not warrant the correctness of drawings
which have not been certifi ed by Seller. Certifi ed drawings shall only be available upon written request from
Purchaser, and shall be charged at a price to be agreed upon. Seller reserves the right to, at any time prior to
delivery of certifi ed drawings to Purchaser, make any changes in model or design of equipment, including
components thereof.
Warranty
www.polewr.com
Go to
to register for your warranty extension. If properly registered, an additional 2
years of parts only warranty is provided, with all parts ex-works seller's location. Proof of purchase (invoice to
purchaser) must be provided to qualify for the extended warranty. Th e extended warranty shall only apply to
parts determined to be covered by the warranty below. Parts damaged as a result of improper installation or
application, abuse or misuse, for example, will not be covered.
Seller warrants to Purchaser all equipment to be free from defects in material and workmanship for a pe-
riod not exceeding 1 year from the date of fi rst invoice of the equipment by Seller. Th is obligation is limited
to repairing and replacing, at Seller's factory, any part found faulty during said period, with the following
limitations:
a. Warranty is eff ective only if equipment has been installed, commissioned and maintained in accordance
with Seller's instructions (i.e., the Parker User Manual) and, where necessary, connected to adequate elec-
tric, water and drain services, cleaned out correctly and placed into operation by a qualifi ed technician.
All products must be fi tted with adequate pre-fi ltration upstream of the products itself; Seller is excluded
any obligation of compensation or refund for any direct or indirect damage caused by the absence of ad-
equate upstream pre-fi ltration. Th e eff ects of erosion, corrosion and normal wear-and-tear are specifi cally
excluded from this warranty.
b. Seller reserves the right to, for specifi c products (including, but not limited to, Quasar and LCD dryers)
grant warranty terms only on the condition that Commissioning has been performed by Seller's Service
personnel or, failing this, Service personnel authorised by Seller beforehand. In the latter case the relevant
Commissioning Report must be compiled by the authorised Service personnel and sent to Seller. Failure
to adhere to this procedure will result in loss of warranty.
c. Seller reserves the right to replace a product under warranty, and will accept no costs as to the removal
and installation of the products.
d. Seller reserves the right to change or improve the design of its products without assuming any obligation
to modify any product previously manufactured.
e. Poor maintenance or improper use will result in loss of warranty.
f. Seller shall not assume responsibility for any labour expenses incurred by Purchaser aft er the fi rst 12
months in replacing or changing defective parts or equipment covered by this warranty.
g. Th is warranty is granted to original Purchaser only and cannot be transferred, unless authorised in writ-
ing by Seller. Purchaser shall notify Seller of a defect within maximum 8 (eight) days from the discovery
thereof, and in no case later than 8 (eight) days aft er expiry of the above stated or applicable warranty
period. Purchaser will notify fault by fi lling out the "Passport", as distributed by Seller.
Any claims against this warranty must be substantiated by the Seller, and it will be at Seller's discretion to:
1. supply replacement parts ex-works Seller's factory;
2. repair parts locally, with travel/living/labour (aft er the fi rst 12 months) expenses at Purchaser's charge;
3. authorise Purchaser to have components repaired locally;
4. authorise Purchaser to buy replacement parts locally;
5. require Purchaser to return damaged parts to Seller, prepaid, for repairs.
Seller has the right to ask for components, claimed as being faulty, to be returned to its factory, trans-
port prepaid, for inspection, or to request Purchaser to keep these parts in stock for eventual inspection
by Seller's representative. Seller is not obliged to make any payments before having had the opportunity to
verify said claim in a manner as described above.
Any requests from Purchaser founded on the warranty clause or on asserted non-fulfi lment thereof on the
part of Seller or others shall not in any manner authorise Purchaser to delay or modify the agreed payment
terms.
Liability for damage to property or other caused by goods
Purchaser shall indemnify and hold Seller harmless for any damage caused by equipment to:
a. any (movable or immovable) property, where damage occurs while equipment is in Purchaser's posses-
sion, or
b. products manufactured by Purchaser, or products of which Purchaser's products form a part, or for loss
or damage to any property, where damage is caused to or by these products because of properties of the
equipment.
Seller shall under no circumstances and at no time be liable for loss of production, loss of profi t, or any
other consequential or indirect economic loss. Th e above is valid both during and aft er the warranty period

Intellectual property

Trademarks, commercial names or other distinctive marks on the goods are of exclusive property of Seller,
and shall not be altered, changed, removed or cancelled in any manner. Purchaser can use, to the limited
purpose of resale of the goods to the public, the trademarks, commercial names and other distinctive marks,
as well as other industrial exclusive rights or Know-how associated with the goods and required for such re-
sale, all of which nonetheless remain the exclusive property of Seller. Any other utilization of the Intellectual
Property, if not expressly granted by Seller in writing, will be considered a violation of the rights of Seller,
and will be prosecuted or otherwise enforced.
Privacy
Purchaser declares to be aware that all data communicated will be handled and utilized in accordance with
Informativa ex art.13 D. lgs. 196/2003.
Disputes
All disputes arising from or in connection to the contract shall be judged according to Italian law. Th e
Court of Padua (Italy) shall have the exclusive jurisdiction.

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