Comet CRS 75 BYT Каталог онлайн [42/44] 608159

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FLOOR SCRUBBER DRYERS CATALOGUE КАТАЛОГ ПОЛОМОЕЧНЫХ МАШИН its discretion to repair or replace each Product or the parts thereof that have faults or defects The components supplied as replacements may be new or serviced In the event that repair is not possible Comet undertakes to replace the defective product with a new one of equal value and or performance In no event shall the cost incurred by Comet exceed the purchase value of the product All replaced Products or components become the property of Comet 8 4 As part of the warranty obligation the Seller undertakes to repair or replace the faulty and or defective product within the limits of this contract without any further obligation of compensation for direct and or indirect and or consequential damage deriving to the Purchaser or to third parties from product defects by way of example losses of production damage to objects or persons etc 8 5 The Customer must report the presence of faults or defects in writing to Comet sending an e mail to vendite comet re it export comet re it service comet re it within 5 days from delivery of the Products in the event of evident faults or defects or within 5 days from discovery in the event of hidden faults or defects or not detectable by a person of average diligence 8 6 In the event expressly requested by Comet the products subject to complaint shall be forwarded without delay to Comet s factory or to any other place that the latter shall indicate on each occasion at the Customer s cost and expense except in the event of a different agreement between the parties in order to allow Comet to carry out any necessary checks The warranty does not cover damages and or defects of the Products deriving from anomalies caused by or connected with parts assembled added directly by the Customer or by the final user 8 7 In all events the Customer may not take advantage of Comet s warranty if the price of the Products has not been paid according to the agreed conditions and terms also in the event in which failed payment of the price according to the agreed conditions and terms refers to Products other than those for which the Customer intends to make use of the warranty 8 8 Comet does not recognise any warranty regarding conformity of the Products to the standards and regulations of Countries that do not form part of or do not belong to the European Union No other warranty express or implied such as by way of example warranty of proper operation or suitability for a specific purpose is granted with reference to the Products 8 9 Without prejudice to what is set out in art 8 3 above and except in the case of wilful misconduct or gross negligence Comet shall not be liable for any damage deriving from and or connected with faults of the Products In all events Comet shall not be held responsible for indirect or consequential damages of any nature such as by way of example losses deriving from the Customer s inactivity or lost earnings 8 10 In the event that an identical defect of a Product reoccurs repeatedly and is attributable to the same cause during a period of 12 months from delivery of the Products to the final Customer and in all events not more than 12 months from delivery to the Customer Comet shall refund within the limits as per art 8 11 below all the direct damages suffered by the Customer and duly documented in relation to a campaign for withdrawing the defective Products from the market In addition Comet shall pay for any other additional cost relating to the repair and to the replacement of the Products provided that the Customer takes reasonable action to limit the losses that Comet could suffer The Customer shall follow Comet s instructions for withdrawing the Products from the market 8 11 In any case the Customer s right to compensation for damages shall be limited to a maximum amount equal to the value of the Products that have defects or faults 9 Limitation of Liability 9 1 The Seller shall do everything possible in its power to deliver the Products within the agreed terms but in no event may it be held liable for damages directly or indirectly caused by the delayed execution of a contract or by the delayed delivery of the Products 9 2 All drawings photographs illustrations descriptions technical data and performance or any other data and information regarding the Products that are contained in documents or drawings either attached to the Seller s offer or as shown in catalogues schedules price lists or the Seller s advertising are exclusively indicative Deviations or divergences from the above may not generate reasons or causes for not accepting the goods or invalidate the contract or be a reason for claims against the Seller 10 Intellectual Property Rights 10 1 Intellectual Property Rights are Comet s total and exclusive property and their communication or use within the sphere of these Conditions of Sale does not create any right or claim in relation to them with regards to the Customer The Customer undertakes not to carry out any action incompatible with the ownership of the Intellectual Property Rights 10 2 Any nameplate and or any other form of identification affixed on the Products sold by the Seller may not be removed without the Seller s written consent Any alteration and or modification of trademarks or technical data however affixed or of the plates affixed by the Seller constitutes counterfeiting and unlawful conduct prosecutable by the Seller both against the Purchaser and against third party holders of the Products In such case the Purchaser shall forfeit the right to recognition of the product warranty 11 Termination Clause 11 1 Pursuant to art 1456 of the Italian Civil Code Comet shall have the right to terminate individual Sales in the event of breach of the obligations provided for in articles 4 Price of the Products and Terms of Payment and 10 Intellectual Property Rights at any time by means of written communication to the Customer 12 Change in the Customers Balance Sheet position 12 1 On the basis of art 1461 of the Italian Civil Code Comet shall have the right to suspend performance of the obligations deriving from the Sale of the Products in the event that the Customer s balance sheet position becomes such as to put the performance of their obligations at risk except in the event suitable guarantee has been given 13 Legal domicile applicable law and jurisdiction 13 1 Comet is legally domiciled at its headquarters 13 2 The Conditions of Sale and every individual Sale shall be regulated and interpreted in compliance with the Italian Law with the exclusion of the Vienna Convention of 1980 regarding international contracts for the sale of moveable assets 13 3 All disputes arising from or connected with these Conditions of Sale and or with every Sale shall be subject to the exclusive jurisdiction of the Court of Reggio Emilia 13 4 With the exception of what is set out under art 13 3 Comet reserves the right when the promoter of a legal action as claimant to promote such actions in the place of residence of the Customer whether in Italy or abroad 42

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