C. P. *
EXTENSION OF MANUFACTURER'S WARRANTY CONDITIONS - 4TRUST WARRANTY 1. General 1.1 The present terms and conditions (hereinafter, "Conditions") set forth exclusively the four-years manufacturer's warranty extension (hereinafter, "4Trust Warranty") offered by Caprari S.p.A., an Italian company with registered offices in Modena, via Emilia Ovest 900 - 41123 (hereinafter, "Caprari"), on some products branded Caprari as detailed in the present Conditions. 2. Beneficiaries (B2B) - Products 2.1 The 4Trust Warranty applies exclusively to the B2B (Business to Business) market and it is applicable exclusively to subjects final users acting for purposes related to their entrepreneurial, commercial, industrial, artisan or professional activities (hereinafter, "B2B Customer"), with the exception of distributors, resellers, installers and furthermore with the exclusion to the individuals qualified as "consumers" pursuant to the Consumer Code (Legislative Italian Decree no. 206/2005 and subsequent amendments) and the European consumer protection legislation. 2.2 The 4Trust Warranty covers the following Caprari products only: submersible electric pumps from 6 to 22 inches with maximum power ≤ 250 hp built according to standard methods coupled with MAC and M series motors (hereinafter, "Product(s)"), purchased from 1 August 2018 to 31 December 2019 inclusive. 2.3 The 4Trust Warranty is not applicable to all products not defined as "Products" in the present Conditions, as well as (i) to all the products manufactured on specific request of the B2B Customer, (ii) to all the products not compliant with Caprari standards and (iii) to all the products included in the motor-pump group with power > 250 hp. 3. "4Trust Warranty" request activation process 3.1 The activation of the 4Trust Warranty is subject to the previous registration by the B2B Customer on the website www.caprari.it/garanzia-4trust within 15 (fifteen) days from the purchase date of the Product. 3.2 The B2B Customer is requested to fill-in the on-line form available on the website in all its parts, to follow the procedures mentioned on the website and send the documentation requested. 4. 4Trust Warranty activation 4.1 Caprari reserves the right to verify the existence of all the data and conditions provided for the activation of the 4Trust Warranty and to grant, or not to grant, the requested extension. Upon the positive outcome of the verification, Caprari shall send a confirmation of activation via e-mail to the B2B Customer and only at that time the 4Trust Warranty shall be considered activated. 5. Duration and 4Trust Warranty expiration date 5.1 The 4Trust Warranty lasts 48 (forty-eight) months as of the purchase date of the Product as indicated on the invoice. The 4Trust Warranty is not renewable. 6. 4Trust Warranty purpose 6.1 The 4 Trust Warranty covers all Products, as defined in these Conditions, against defects or malfunctions, for a period of 48 (forty-eight) months from the purchase date mentioned on the invoice. The replacement of any components or Products under warranty does not further extend the warranty duration of it. 6.2 Defects must be reported by the B2B Customer in writing within 8 (eight) days of the defect being discovered under penalty of forfeiture pursuant to article 1495 of the Italian Civil Code. In reporting a defect, the defect discovered and the Products' identification details must be indicated: model, delivery date, serial number, invoice number and date. Caprari shall reserve the right to examine or have examined the Products that the B2B Customer declared to be non-compliant or defective. 6.3 The warranty is not applicable in the following instances: (i) the Products have been improperly used (applications not provided in the operation and maintenance manual provided by Caprari or one of its retailers); (ii) modifications or repairs to the Products carried out by the B2B Customer and not expressly authorized by Caprari; (iii) lack of the preventive and ordinary maintenance as specified in the operation and maintenance manual; (iv) replacement of components with non-original components; (v) the Products have been stored in unsuitable environments / not compliant with Caprari's instructions; (vi) natural wear and tear, galvanic currents, chemical corrosion, power supply anomalies, mechanical actuation anomalies; (vii) defects due to the use of secondary devices; (viii) damages caused during transportation; (ix) damages due to force majeure. 6.4 The warranty intervention is strictly subject to the full and timely compliance of the B2B Customer with all the obligations arising before the complaint and those expiring during the operations related to the warranty itself. 6.5 The warranty intervention, subject to a prior assessment by Caprari on the warranty applicability, shall include, at the choice of Caprari, the repair or replacement of the defective sub-components of the Products or of the Products themselves, unless otherwise agreed in written between the parties. The Products that during the warranty period show malfunction defects or construction defects must be sent, together with the document proving the purchase, upon written authorization by Caprari, "DDP" "delivery duty paid" ("Incoterms® 2010") by the B2B Customer to Caprari or to the authorized Service Center which, in case of positive verification of the warranty conditions, shall provide the reparation or the replacement. All costs relating to the dismantling of the Products from the place in which they were installed, to the transportation and to the subsequent reassembly are under the B2B Customer own costs. 6.6 Caprari or the authorized Service Center reserve the right not to repair or replace the defective sub-components or the Products, despite the activation of the 4Trust Warranty, in the event the invoice giving evidence of the purchase of the product would not be readable. 6.7 Once the reparation is completed, Caprari shall send a notice to the B2B Customer informing that the Products are ready to be collected (hereinafter, "Reparation Notice"). The B2B Customer is obliged to collect the repaired Products within 30 (thirty) days from the aforementioned notice and acknowledges that, in the event of missed collection in due time, Caprari shall have the right to deposit the uncollected Products at the B2B Customer's risk and expense. The B2B Customer also acknowledges that, after 45 (forty-five) days from the Reparation Notice, without the B2B Customer having collected it, Caprari shall have the right to apply a penalty of 50.00 (fifty) Euro per week up to a maximum amount equal to half the purchase price of the Product, without prejudice to further damages. 6.8 In any case, the B2B Customer undertakes to collect the Products no later than 180 days from the Reparation Notice, expressly authorizing Caprari to dispose of the Products not collected within the aforementioned term. The same discipline shall also apply to Products not collected by the B2B Customer following the assessment (positive or negative) by Caprari regarding the effectiveness and applicability of the warranty. 6.9 In any case, the replaced parts remain the property of Caprari. 6.10 The B2B Customer complain does not authorize the B2B Customer: (i) to suspend the due payments; (ii) to consider terminated or to request termination of the purchase agreement. 6.11 The warranty provided by Caprari is limited to the repair or replacement of the defective Products only. Any liability for any direct and/or indirect damages arising from the sale and use of the Products such as, but not limited to: interruption and/or loss of production, lost or limited revenues, costs, etc. is excluded. In any case, Caprari's liability as regard to the purchase agreement with the B2B Customer or any other relationship is limited to the price paid by the B2B Customer for the Products. 6.12 Caprari shall not be responsible for any accident to persons or things for or during the use or due to or depending on the Products. 6.13 If activated, the 4Trust Warranty, without prejudice to the applicable mandatory rules, is the only warranty provided by Caprari in relation to the Products. The 4Trust Warranty is expressly provided in place of any other warranty or declaration, both explicit or implicit, including any guarantee regarding the suitability of the Products. 7. Applicable Law and Jurisdiction 7.1 These Conditions are governed exclusively by the Italian law. 7.2 Any possible claim related to the validity, effectiveness, application, interpretation of the present Conditions shall be reserved to the exclusive jurisdiction of the Italian Courts, with the exclusive competence of the Court of Modena.