Warranty Conditions

1. Target subjects

1. B2C – Private Consumers:
   

   These warranty conditions are addressed to private consumers who directly purchase products and components from Tadiran Italia Srl. If the system is made up of components from different manufacturers freely chosen by the purchaser, the warranty applies only to Tadiran Italia Srl branded components. This is without prejudice to the application of Directive (EU) 2019/771 and national provisions (in Italy: Legislative Decree 206/2005, art.128 et seq.).

2. B2B – Companies:
   

   The warranties are for Companies that purchase directly from Tadiran Italia Srl. If the system consists of components from different manufacturers, the warranty applies only to Tadiran components and towards the Purchasing Company. For B2B relationships, the applicability of Directive (EU) 2019/771 and related national provisions is excluded.

2. Duration and conditions of validity

2.1 The following conditions apply to this guarantee:

1. For B2C customers: Tadiran Italia Srl guarantees its products for flaws or conformity defects originating in the manufacturing process or materials used.
2. For B2B customers: Tadiran Italia Srl guarantees its products for flaws or defects originating in the manufacturing process or materials used.

2.2 The warranty is valid for 2 years (24 months) starting from the date of the first start-up reported on the “start-up report” drawn up by the authorized CAT, or, in its absence, from the proof of purchase. However, the maximum warranty period is limited to 30 months from the date of the transport document issued by Tadiran Italia Srl or, in its absence, from the date of the sales invoice.

2.3 Repairs or replacements made in implementation of this warranty shall not extend the original term of the warranty, which shall run in each case from the date indicated in the preceding paragraph.

3. Time limits and forfeitures

For products/plants for which start-up and testing by a CAT is scheduled, the full completion of the “first start-up report” determines the validity of the warranty. To enforce the warranty, the following documents must be sent to Tadiran Italia Srl within 48 hours of the first start-up:

• For products with planned start-up: “minutes of first start-up.”
• For products without intended start-up: test certificate, declaration of conformity or similar document.

The absence of at least one of the above documents results in forfeiture of the warranty. The B2B Buyer forfeits the warranty if he does not report the defects within 8 days of discovery.

4. Conditions of validity of the warranty

The warranty is valid under the condition that:

• Payment for the supply has been duly made by the Buyer;
• All installation, operation and maintenance operations, including periodic maintenance, are carried out in accordance with the requirements of the Installation, Operation and Maintenance Manuals and good industry practices;
• Maintenance and/or repair work is carried out by an authorized CAT or Tadiran Italia Srl authorized technician and that only original Tadiran spare parts are used.

5. Warranty on spare parts

Repair and/or replacement of parts within the scope of the warranty does not extend the duration of the warranty or give a new two-year warranty for the replaced part. The warranty period always starts from the date indicated in Section 2.2.

6. Territorial Extension

These warranty conditions apply to products purchased and installed on the territory of Italy (including the Republic of San Marino and Vatican City).

7. Exclusion clauses

The warranty does not operate for defects, flaws or damage caused by:

• Incorrect installation, connection, or adjustment not in accordance with product specifications or manuals;
• Wear, negligence, neglect of use or poor maintenance by the user or installer;
• Damage from transportation, handling or improper storage, as well as force majeure;
• Installation or repair performed by personnel not qualified or authorized by Tadiran Italia Srl;
• Use of products in deviation from their intended use.

In the above cases, any technical interventions by the authorized CAT will be borne by the applicant. The warranty does not apply to components subject to normal wear and tear.

8. Shipping

The B2B Customer must report defects and/or faults arising from transport immediately upon receipt or in any case within 8 days of delivery. The transport document must be marked “goods withdrawn/accepted with reserve”; the complaint must also be communicated to the carrier within the terms of the law by registered mail A.R. and sent for information to Tadiran Italia Srl.

9. First start-up

When provided in order confirmation, the first start-up must be compulsorily performed by the CAT identified by Tadiran Italia Srl, which will intervene within 10 working days of the request. The request must be made by filling out the “Declaration of Responsibility Completed Plant Installation” form.

The CAT must find the system electrically and hydraulically connected, in vacuum, as per the instructions; a “Failure to Start Report” will be issued in case of any deficiencies.

10. Warranty performance and return authorization

10.1 Warranty work

For B2C customers:

• Repair of products at no additional cost to the consumer;
• Replacement of defective parts at no extra cost.

If repair or replacement is not possible, there is a termination of the sales contract for the defective products and a refund of the price paid. Tadiran Italia Srl undertakes to bring in the nearest area CAT.

For B2B customers:

• Repair or replacement of defective parts. The Buyer, if the product has been transferred, agrees to have repairs deemed essential made at its customer’s premises by allowing access to the facility.

10.2 Ownership and return

Replaced parts remain the property of Tadiran Italia Srl and must be returned free of charge upon written authorization. Return authorization does not constitute recognition of defects or faults, which must be ascertained and proven. Performances not included in the warranty indicated in the manuals will be charged to the final Customer. The warranty does not cover reimbursement of disassembly, assembly or transportation costs.

11. Limitations of Producer’s Liability

Tadiran Italia Srl disclaims any liability for direct or indirect damage to persons, animals or property resulting from failure to comply with the installation requirements, functional diagrams and manuals for installation, use and maintenance.

12. Expiration of Warranty

After the warranty period expires, the cost of any repairs will be borne by the customer.

13. Applicable law

If the Customer is a consumer, the court of his or her municipality of residence or domicile if located in the Italian territory shall have exclusive jurisdiction.

14. Miscellaneous

For anything not provided for in these General Conditions, the provisions of the document entitled “Warranty Conditions” apply.