This warranty is granted by CAM s.r.l. to the original purchasers of a defective product (the “Product”) which has been i) entirely produced by CAM s.r.l. and ii) purchased from authorized dealers or authorized distributors of CAM s.r.l.
Unless otherwise agreed, and if no exceptions are hereby provided for, CAM s.r.l. guarantees, starting from the date of completion of the transfer of ownership of the Product to the Customer, and for the period specified below (the “Warranty Period”):
- 12 (twelve) months or 2000 working hours (whichever comes first), with reference to used products, forks and spare parts that have been sold individually; or
- 24 (twenty-four) months, or 4000 working hours (whichever comes first), with reference to the other Products entirely manufactured by CAM s.r.l.;
that the Product, including its parts and materials, is of good quality and free from defects or construction flaws (“Defect(s)”).
This warranty does not apply, and CAM s.r.l. cannot be held liable, in any circumstances where, in addition to the exemptions and discriminating factors provided for by the law, i) the Defects are of minor importance and do not affect the safety or usefulness of the Product for its intended use, including but not limited to any paint defects, minor scratches or nicks; ii) the Product has been used by the Customer for purposes other than those of the product category to which the Product belongs, or other than those typical of the practices of the industry in which the Customer operates;
iii) the Defects are due, entirely or in part, to an incorrect installation of the Product, its incorrect use or handling, or a use that does not comply with the indications and instructions provided by CAM s.r.l. or obtainable in the technical materials and/or information provided by CAM s.r.l.; iv) the Customer has attempted to repair the Product themselves without prior authorization from CAM s.r.l., or has entrusted the repair work to third parties, or has not used original CAM s.r.l. spare parts for the repair; v) the Defects are due, entirely or in part, to the presence of technical modifications or adaptations requested by the Customer when ordering the Product; vi) the Defects are due to normal wear or deterioration of the Product; vii) the Defects are due to external influences of chemical, thermal or mechanical origin.
If a Product affected by any Defect is repaired and returned to the Customer or is replaced with another used product, the warranty period relating to the Product delivered to the Customer shall be subject to the same expiry date as the Warranty Period initially agreed upon for the original defective Product.
CAM s.r.l.’s obligations within the scope of this warranty are limited to the repair or replacement of the Product: CAM s.r.l. does not assume any other express or implicit obligations or liability for further damages. Within the limits permitted by the applicable law, the liability of CAM s.r.l. will be limited, in all cases, to the value of the purchase price of the Product affected by the Defect. Any complaint, claim or request for compensation relating to the presence of Defects which, by their nature, can be detected through a thorough and careful inspection, must be addressed in writing to CAM s.r.l. by the Customer within 6 (six) days from the date of delivery of the Product to the Customer, under penalty of forfeiture of any remedy and action by the Customer and the exemption from any liability of CAM s.r.l. Where the Defects are of such a nature that they cannot be detected through a thorough and careful inspection, any complaint, claim or request for compensation relating to their presence must be addressed in writing to CAM s.r.l. within 8 (eight) days from their discovery, under penalty of forfeiture of any remedy and action by the Customer and the exemption from any liability of CAM s.r.l.
The reporting of Defects by the Customer under the terms provided herein must be accompanied by a proof of purchase, an indication of the model and serial number of the Product, a brief description of the Defects and suspected causes, if known by the Customer, and photographic evidence of the Defects and the CE identification plate. Upon receipt of the complaint, CAM s.r.l. shall register the request and ask the Customer for any further information deemed necessary for a preliminary analysis of the Product.
If requested by CAM s.r.l., the Customer must also allow CAM s.r.l. to carry out a preliminary inspection of the defective Product on the Customer’s premises.
If possible, any spare parts for which the validity of the warranty conditions is requested must be ordered by the Customer with a regular and complete Purchase Order from CAM s.r.l., after which they shall be sold and regularly invoiced to the Customer by CAM s.r.l. Within 10 (ten) days from the receipt of the purchased equipment, the Customer will be required to send the part declared as defective to the CAM s.r.l. plant in Marano Ticino for verification; the CAM s.r.l. staff will test the part and, if applicable, the warranty conditions will be acknowledged by issuing a regular credit note for the equipment already delivered. If CAM s.r.l. does not deem the warranty conditions provided for herein to be fulfilled, CAM s.r.l. will consider the sale of the equipment previously supplied as a replacement to be valid for all purposes and will make the inspected equipment available to the Customer, who can decide whether to order the repair after a prior estimate by CAM s.r.l. or to recover the equipment via a trusted courier.
If the purchase of spare parts is not possible, CAM s.r.l. may also ask the Customer to ship the defective Product to the CAM s.r.l. plant in Marano Ticino within 14 (fourteen) days from the aforementioned request, shipping being subject to the Customer’s expense and responsibility, so that CAM s.r.l. can carry out further checks and provide the Customer, where appropriate, with the remedies provided herein. In the event that, following the necessary checks, CAM s.r.l. considers the Defects to be covered by the warranty provided herein, CAM s.r.l. will proceed, at their own discretion and excluding any other remedy, to: i) repair the Product at the CAM s.r.l. plant at their own expense, with delivery to the Customer of the repaired product in the shortest possible time, shipping being at the expense and responsibility of CAM s.r.l.; ii) repair the Product at their own expense by sending CAM s.r.l. specialized technicians to the Customer’s premises to carry out repair works; iii) subject to the Customer’s consent, CAM s.r.l. may authorize the Customer to repair the Product themselves, in strict accordance with the instructions provided by CAM s.r.l., who will also deliver any necessary spare parts and, subsequently, reimburse the Customer, if requested by the latter within 4 (four) weeks from the issuing of the aforementioned authorisation, for the documented and reasonable costs incurred through the repair works; iv) replace at their own expense the defective Product with a new Product or a used Product that is functional and has general wear conditions no worse than those of the Product affected by the Defect. In the event that, following all the necessary checks, the Defects reported by the Customer prove to be non-existent or not covered by the warranty provided by CAM s.r.l., CAM s.r.l. may charge the Customer for the cost of the inspections, shipping and any other expenses incurred in order to carry out the necessary checks.
Marano Ticino, 1 May 2022