OP UNISPEED US-FL/01 MAN Betriebs- Und Wartungsanweisung Seite 32

OP
S.r.l.
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Seller is not liable for indirect damages occurred to Client and/or any third party
including but not limited to loss of opportunities, businesses and revenues.
5. Seller's duties
The Seller warrants that the Products comply with European law and security standards.
The Seller shall provide a Product compliant with features and performances expressly
indicated by it.
The Seller is not liable for damages occurred to the Client and/or any third party due to:
(i) incorrect installation of the Product by the Client; (ii) modifications on the Product
made by the Client; (iii) improper use of the Product by Client; (iv) use by Client of
unsuitable and/or of low quality and/or faulty materials and/or components; (v)
dysfunctions and/or any kind of malfunction arising from incorrect and/or non compliant
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maintenance of the Product; (vi) insufficient use or lack of use by Client of appropriate
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protections and/or safety measures; (vii) maintenance performed on the Product by any
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person apart the Seller; (viii) failure of plant, machinery or systems made by Client or
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by third party with Seller's Products; (ix) use of non original spare parts and/or their
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incorrect installation. In this regard, Client undertakes to waive the Seller from any
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claim of whatsoever nature issued by a third party for damages arising in the above
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mentioned cases.
It is understood that the Client is solely responsible of all activities related to the
disposal of Products and materials and/or components necessary for their use,
including, but not limited to, oils and greases, batteries, chargers, cables, etc.
Without prejudice to Italian D.P.R. 24.05.1988, no. 224, Seller is not liable for any
indirect damages occurred to the Client and/or any third party including but not limited
to lost opportunities and/or business and lost revenue.
6. Confidentiality
Seller and Client undertake to maintain reserved and confidential any data and/or
information in whatever manner received in relation to these General Conditions and to
not disclose any data and/or information without the prior written consent of the Seller.
7. Exclusions
Unless otherwise agreed upon by the Parties in writing, the following Products and
services are excluded from the sale: the project on which the Product is based,
installation of sold Products, tests, Client's staff trainings, assistance in starting and all
other benefits and burdens not mentioned in the Seller's Order Confirmation.
8. Delivery
Unless otherwise communicated by the Seller, the applicable delivery terms is "Ex
Work" (EXW Incoterms 2010) Seller's production site and without any obligation on the
Seller to load the Products on the mean of transport.
The delivery of Products to the Client or carrier releases the Seller from delivery
obligations. All relevant risks concerning the Products shall then pass on Client, even if
Seller appoints the shipper and/or the carrier that transport Products and even if the
Seller, under other relevant agreements, provides the installation of the Products.
The date indicated in the Order Confirmation means that, unless otherwise agreed,
from that day onwards the Products are ready at Seller's warehouse to be collected by
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