Chapter 12: Conventional Warranty Up To The Fifth Year - Gibus MOVIE ISLAND VERSION Use And Maintenance Manual

CHAPTER 12: CONVENTIONAL WARRANTY UP TO THE FIFTH YEAR

For EU countries + Switzerland and the UK, Gibus S.p.a. offers the conventional guarantee pursuant to art. 135 - quinquies
Legislative Decree 206/2005 - Consumer Code - and better explained in the following Articles. Gibus' conventional guarantee
does not, in any way, prejudice the rights and remedies expressly provided for by the law in favor of the consumer exclusively
towards the seller (see the following articles 2 and 3) ("Legal Guarantee" articles 128 et seq. of Legislative Decree No. 206/2005)
for lack of conformity of the product.
Art.1 Gibus products
Each GIBUS product has the characteristics described in the price list/sales catalog that is in force at the moment the order is
received by Gibus S.p.A. The characteristics of the fabrics are described in the respective GIBUS samples.
Art.2 Legal guarantee of the seller
The goods are guaranteed for a period of two years from the date of delivery for any lack of conformity existing at that time. The
two-year legal guarantee can be enforced by the consumer exclusively against the seller pursuant to art. 133 Legislative Decree
No. 206/2005.
Art.3 Remedies provided for by the legal guarantee (art. 135-Bis of legislative decree 206/2005)
In the event of a lack of conformity of the product sold, the consumer may request the seller either repair or replace the goods,
provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate
costs on the seller. Should the requested remedy be, pursuant to Article 135-bis of Legislative Decree no. 206/2005, impossible
or excessively burdensome and entailing disproportionate costs for the seller, the consumer may request that the seller reduce
the price or terminate the contract. The latter remedies may be also requested by the consumer from the seller in other cases
specifically ruled by art. 135-bis of Legislative Decree 206/2005 to which reference is made. In any case, it is specified that,
pursuant to art. 135-bis, paragraph 5, Legislative Decree 206/2005, a minor lack of conformity will not give the consumer the
right to terminate the sales contract.
Art.4 Conventional guarantee
GIBUS S.p.A., with registered office in 35030 Saccolongo (PD) via Einaudi 35, offers the "consumer" as defined by art. 3,
paragraph 1, letter a) of Legislative Decree 206/2005, the conventional product warranty starting from the 3rd year and up to and
including the 5th year, starting from the date of purchase of the goods under the conditions specified below.
Art.5 Object of the conventional guarantee: extension of the duration
The Gibus conventional warranty covers the spare parts of the product on the condition that the mandatory maintenance is
carried out by an authorized Gibus Dealer, with costs entirely borne by the consumer, of the Bioclimatic Pergolas, 90° Pergolas,
Bioclimatic Pergolas with retractable roof (according to the instructions given in the "Use and Maintenance Manual" attached
to the product), to be carried out by the end of the 2nd year from the date of installation and every year up to the 5th year. The
warranty for the 3rd, 4th and 5th year consists only in the replacement of components recognized as defective by GIBUS S.p.A.
and does not cover the costs of labor, travel, disassembly/assembly and transport that will be borne by the customer. The costs
deriving from the right to call of the authorized Gibus Dealer will also be borne by the customer.
Art.6 Limits of the conventional guarantee
The Gibus conventional guarantee covers the cost of spare parts in the following percentages:
· In the 3rd year, the Guarantee covers 60% of the value of the spare part determined by the price shown by Gibus on the sales
invoice to the dealer or, if not specifically stated therein, by the price charged for the spare part at the time of sale to the dealer;
· In the 4th year, the Guarantee covers 50% of the value of the spare part determined by the price shown by Gibus on the sales
invoice to the dealer, or, if not specifically stated therein, by the price charged for the spare part at the time of sale to the dealer;
· In the 5th year, the Guarantee covers 35% of the value of the spare part determined by the price shown by Gibus on the sales
invoice to the dealer or, if not specifically stated therein, by the price charged for the spare part at the time of sale to the dealer;
· The Cristal and the LEDs, if present, are excluded from the conventional guarantee.
Art.7 Without expenses
The legal guarantee offered by the seller and the conventional guarantee by Gibus belong to the Customer free of charge. It is the
customer's responsibility to prove that the guarantee is still valid by means of the delivery document issued by the seller or other
similar document (i.e. receipt, cash receipt or similar) which shows the name of the seller and the date on which the delivery of
the goods took place, as well as the evidence of the execution of the obligatory maintenance (i.e. receipt, cash receipt or similar
which must be equal to a reasonable fee compared to the maintenance service) in the event the Customer has the "Conventional
Guarantee".
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USE AND MAINTENANCE MANUAL
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