The Customer shall verify at the time of delivery that the Products are in conformity with the Contract. Any complaints relating to apparent defects in the Products (i.e. defects that can be recognised with the use of ordinary diligence) must be notified in writing within five (5) days of delivery at the latest, under penalty of forfeiture.
The notice shall contain a detailed description of the alleged defect. If the complaint is not communicated in the manner and within the terms set out in these Conditions, the Products delivered shall be deemed to conform to the contractual agreements and thus accepted.
— The Customer agrees that the Supplier may examine the validity of the complaint of defects by inspecting the Products.
— The Customer is obliged to prove that the alleged defects already existed when the Products were delivered.
— It is understood that the Customer loses any right to contest the existence of defects if the Products have been improperly used or stored by or on behalf of the Customer.
If the complaint is deemed to be well-founded, the Supplier shall, at its discretion and unless otherwise agreed, repair the Products, thereby remedying the defects:
- repair the Products, thereby remedying the defects
- supply replacement Products in return for the return of the defective Products;
- terminate the contract and, in return for the return of the Products, refund the amounts already paid.
Rejected goods may only be returned with the prior written consent of the Supplier. Returns shall be made "carriage paid" ("DELIVERY DUTY PAID" Incoterms® ICC 2010).
In any case, it is understood that the Supplier's warranty shall be limited to an amount equal to the price paid by the Customer for the Products found to be non-conforming, defective or flawed, with the exclusion of any compensation for further damages and expenses of any kind.
Any claims or disputes shall not entitle the Customer to suspend or in any case delay payments for the Products in dispute, nor for other supplies.
If the Parties make use of samples or models, the sale shall be understood to be "on a sample basis", pursuant to art. 1522, II paragraph, civil code.
Minor variations in the colour, weight or composition of the Products with respect to the models, samples supplied or to the specifications set out in the offer or in the order are permissible; in such cases the Products in question shall nevertheless be deemed to comply with the Contract.
In any event, a tolerance of 10% with respect to the agreed specifications is allowed. This value shall be calculated by examining a random sample representative of the entire supply.