Italtraff warrants the original purchaser (the distributor) that the Italtraff Product will be free from defects in design, workmanship and materials under substantiated normal use for a period of one (1) year from the date of the shipment (“Warranty Period”).
The original purchaser shall without undue delay notify Italtraff of any defect which appears in the Italtraff Product in accordance with Italtraff’ RMA policy, and failure to do so shall mean that the original purchaser loses the right to have the defect remedied. A valid form of a bill of sale or receipt, substantiating the purchase and the date thereof, must be presented to Italtraff within the Warranty Period to obtain warranty service. The sole remedy of the original purchaser and Italtraff’ sole and exclusive liability shall be limited to, at Italtraff’ sole discretion, either repair of the Italtraff Product using new or refurbished replacement parts, or replacement of the product. Repaired products or replacement products will be warranted under the terms set forth herein for the remainder of the original Warranty Period or ninety (90) days, whichever is longer. When a product or part is replaced, all products or parts thereof that are replaced shall become the property of Italtraff. This Warranty is applicable in all countries and may be enforced by contacting Italtraff Support. For more information please visit our web site http://intertraff.com/get-support/
Exclusions and Limitations
This Warranty is contingent upon proper warehousing, shipment and substantiated normal use of the Italtraff Products, and does specifically not apply if the product has had the model or serial number altered, defaced or removed, or to defects attributable to (i) modifications to or alterations of the products by any party other than Italtraff, (ii) faulty maintenance, incorrect installation or faulty repair by any party other than Italtraff, (iii) use of the products for a purpose for which they were not designed or intended, (iv) normal wear and tear or deterioration, or (v) misuse, abuse, negligence or accidents.
The Warranty does not apply to Italtraff Products that have been purchased “as is” or where Italtraff, the seller or the liquidator expressly has disclaimed their warranty obligation pertaining to the product. Furthermore, the Warranty only applies to Italtraff Products purchased from an authorized distributor/reseller.
THE WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY APPLICABLE BETWEEN THE ORIGINAL PURCHASER AND ITALTRAFF WITH RESPECT TO THE ITALTRAFF PRODUCTS AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITALTRAFF DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH ABOVE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES AS SET FORTH HEREIN. IF LAWS UNDER SUCH JURISDICTIONS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE, AND OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY OR TO THE MINIMUM EXTENT REQUIRED BY MANDATORY LAW, NEITHER ITALTRAFF NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, LOSS OF GOODWILL, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR
CLAIMS OF CUSTOMERS REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. ITALTRAFF’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS WARRANTY SHALL BE LIMITED TO AND IN NO CASE EXCEED THE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS ON
POTENTIAL LIABILITIES HAVE BEEN AN ESSENTIAL CONDITION IN SETTING THE PRODUCT PRICE.
This Warranty is governed by and construed under the laws of Italy.
This Warranty may be subject to Italtraff’ change at any time without prior notice.