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C.
ONDA S.p.A. aso warrants that the Products are manufactured in accordance with the
Italian laws and the European Community regulations in force at the date of confirmation
by ONDA S.p.A. of the Customer order.
Unless otherwise agreed between the parties, all other expenses incurred by the
replacement and/or repairing will be borne by the Customer and be at the Customer's
risk.
D.
The warranty is void if the faults or defects of the Products have been caused by the
following:
• natural wear and tear;
• unauthorized repairs or modifications;
• improper use and application;
• excessive thermal stress, even occasional;
• excessive electrical or mechanical stress;
• failure to comply with the functional and environmental parameters indicated by ONDA
S.p.A. for the proper use and operation of the Products;
• Installation of Products different from those indicated in the technical specifications
provided by ONDA S.p.A.;
• any other cause attributable to Customer's negligence.
E.
The warranty is also void in case of:
any non-compliance of the Products with applicable laws and/or regulations at
the place where the Products are installed and/or assembled by the Customer
and/or at the place of end use of the Products, if the Customer has not
expressly requested the conformity of the Products to these laws and/or
regulations and has not regularly informed ONDA S.p.A. of their content before
the sending date of the order confirmation of the latter.
It is understood that this limitation is also effective with reference to specific
regulations in force in EU countries and applicable autonomously to the
European Community legislation.
F.
In the event of any non-compliance of the Products with Italian and/or foreign laws and/or
regulations coming into effect after the sending date of the order confirmation of ONDA
S.p.A., the replacement of the Products or their possible adaptation to the new
regulations shall be excluded.
However, Onda S.p.A shall not be liable for the use of Products in non-compliance with
Italian and/or foreign laws and/or regulations that came into force after the sending date
of the relevant order confirmation by ONDA S.p.A.
G.
The Customer must not sell or market Products that do not comply with the laws and/or
regulations mentioned in the previous letters E-F. Contrarily, the Customer shall relieve
ONDA S.p.A. from any damages and/or losses suffered as a result of disputes filed by
court or out-of-court means, by any third party or by public authority as a result of the
manufacturing by ONDA S.p.A. of products not complying with the aforementioned laws
and/or regulations.
H.
Notwithstanding Presidential Decree 224/1988, on matter of liability for defective
products, and the responsibility of ONDA S.p.A. in the event of gross negligence, in no
event shall ONDA S.p.A. be liable for any direct, indirect or accidental damages arising in
any way from the defect of the Products.
I.
Appearance: copper accumulation due to the brazing process may occur on BPHE
surfaces. This formation is not corrosion and does not affect the performance of the
exchanger. For further information, please contact Onda S.p.A.
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