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NOTES
Limited Warranty
Limited Warranty
12 months
for United States Only
Coverage
Lodes S.r.l., with headquarter in 30020 Marcon
(VE), Via Pialoi 32 Italy, VAT N.: 02992370276
(hereinafter, “WARRANTOR”) warrants that each
WARRANTOR PRODUCT will be free from defects
in material and workmanship for a period of twelve
months from the date of shipment ⁄ delivery of the
PRODUCT (that can be identified by the “Studio
Italia Design” or “Lodes” trademark, trade name,
or logo affixed to them). The Limited Warranty
is referred to herein as “the Limited Warranty.”
The PURCHASER’s sole and exclusive remedy under
this Limited Warranty for defects in the PRODUCT
shall be the repair, replacement or refund of the
purchase price, in WARRANTOR’s sole discretion,
of the defective PRODUCT, or components thereof.
Not Covered
This Limited Warranty also does not apply to, and
WARRANTOR shall have no liability or responsibility
in respect of, damages or expenses relating to:
• The failure to properly store, transport, install
or use the PRODUCT as, for example, specified
in any manuals or other literature supplied by
WARRANTOR, on WARRANTOR’s website, or in
accordance with any applicable laws, codes,
regulators or standards;
• Any PRODUCT purchased from any entity other
than WARRANTOR;
• Alteration, change or modification of the
PRODUCT, including its subcomponents, parts or
assemblies;
• WARRANTOR also makes no warranty that a
PRODUCT manufactured does not infringe the
intellectual property or other proprietary rights
of any third party;
• Accidents,
misuse,
abuse,
abnormal
use,
improper use, negligent use, wilful misconduct, or
use exceeding the recommended and permitted
limits of the PRODUCT, and ⁄ or normal wear or
deterioration;
• Any defect or non-conformity that has not
been timely and promptly communicated in
writing to WARRANTOR as set forth herein.
• Any damage, cost or expense caused by Act of
God; or
• Loss of time, loss of use, inconvenience, loss of
profits, lost business, lost business opportunities,
damage to reputation, goodwill and any incidental
or consequential damages arising out of or relating
to the PRODUCT, or other matters not specifically
covered hereunder.
Procedure
Upon delivery, PURCHASER shall, within one (3)
business day, inspect the PRODUCT for conformity
and
visible
defects.
PURCHASER
shall
give
WARRANTOR immediate written, specific and
detailed notice of any non-conformities or defects
regarding the PRODUCT. Upon receipt of the written
notice of claim, WARRANTOR shall have the right
to inspect the PRODUCT. In the event of a defect
covered by this Limited Warranty, WARRANTOR
will, at WARRANTOR’s discretion, repair or replace
the PRODUCT or any component of the PRODUCT
or refund the purchase price for that particular
PRODUCT. In the event that PURCHASER submits
a warranty claim that, in the sole reasonable
discretion of the WARRANTOR, is unfounded, the
PURCHASER shall reimburse the WARRANTOR all
reasonable costs incurred by the WARRANTOR in
evaluating the warranty claim (i.e. travel, lodging,
expert evaluations, etc.). WARRANTOR must approve,
in advance and in writing, all repairs or replacements
covered under or performed pursuant to this Limited
Warranty. Any warranty repairs or service must be
performed exclusively by WARRANTOR or other
authorized representative of WARRANTOR or by
another servicing facility pre-approved in writing by
WARRANTOR. Acceptance of any Limited Warranty
claim is not an admission that any PRODUCT or any
of its component parts are defective.
The PURCHASER forfeits any rights it may have
under this Limited Warranty if the PURCHASER does
not follow the procedure described herein.
All requests and notices under this Limited Warranty
shall be directed to:
Lodes S.r.l.,
Via Pialoi n. 32, 30020
Marcon (VE), Italy
E-mail: legal@lodes.com
Fax: +39 0414 56 73 37
Limitation of Damages
LIMITATION OF DAMAGES. Except as expressly
provided by this Limited Warranty, WARRANTOR
SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH
THE USE OR NON–USE OF THE PRODUCT OR A
CLAIM UNDER THIS LIMITED WARRANTY, WHETHER
THE CLAIM IS BASED ON CONTRACT, TORT OR
OTHERWISE. The foregoing statements of warranty are
exclusive and in lieu of all other remedies or damages.
Some States do not allow the exclusion or limitation of
incidental or consequential damages, so only in this
case this limitation or exclusion may not apply to
you.
This Limited Warranty shall be the sole and exclusive
remedy available to the PURCHASER with respect to
this PRODUCT. In the event of any alleged breach
of any warranty or any legal action brought by the
PURCHASER, based on breach of warranty, alleged
negligence or other tortious conduct by WARRANTOR,
the PURCHASER’s sole and exclusive remedy will be
the repair or replacement of any defective PRODUCT
as stated herein. In no event shall the liability of
the WARRANTOR exceed the purchase price of the
PRODUCT.
Disclaimer
ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND ALL
IMPLIED WARRANTIES ARISING FROM A COURSE
OF DEALING, USAGE OF TRADE, BY STATUTE
OR OTHERWISE, IS HEREBY STRICTLY LIMITED
TO THE TERM OF THIS WRITTEN WARRANTY.
This Limited Warranty shall be the sole and exclusive
remedy available to the PURCHASER with respect to
this PRODUCT. In the event of any alleged breach
of any warranty or any legal action brought by the
PURCHASER based on alleged negligence or other
tortious conduct by WARRANTOR, the PURCHASER’S
sole and exclusive remedy will be repair or replacement
of defective materials or refund of the purchase price,
as stated herein.
Transfer of
Limited Warranty
This warranty is made by WARRANTOR with only first
PURCHASER of the PRODUCT and does not extend to
any subsequent PURCHASER or any third parties. The
unexpired portion of this Limited Warranty may not
be transferred to any entity.
Applicable Law
This Limited Warranty shall be deemed to have
been particularly negotiated between parties. The
parties expressly acknowledge and irrevocably
agree that any and all claims or disputes arising out
of or otherwise relating to this Limited Warranty
shall be decided exclusively by Court of Milan under
Italian Law with the exclusion of any courts of any
place. PURCHASER expressly waives any provision
of law in the jurisdiction in which PURCHASER is
located or any other potentially applicable law
which conflicts with any provision of this Limited
Warranty at any time.
Other Rights
Your acceptance of delivery of The PRODUCT
constitutes your acceptance of the terms of
this Limited Warranty. This Limited Warranty
gives you specific legal rights, and you may also
have other rights which vary from state to state.
If any term or provision of this Limited Warranty is
invalid or unenforceable under any local, state, or
federal law, statute, judicial decision, regulation,
ordinance, executive order or other rule of law,
such term shall be deemed reformed or deleted, but
only to the extent necessary to comply with such
statute, regulation, ordinance, order or rule and the
remaining provisions of this Limited Warranty shall
remain in full force and effect.
Entire Agreement
This document alone contains the entire Limited
Warranty given by WARRANTOR in respect of
the PRODUCT. Nothing in WARRANTOR’s product
literature, marketing materials, advertisements
and technical specifications expand or enlarge
the scope of this Limited Warranty. There are no
terms, promises, conditions or warranties regarding
the PRODUCT other than those expressly contained
herein. WARRANTOR specifically does not authorize
any person, including but not limited to any dealer or
other agent or employee of WARRANTOR, to extend
the time, scope, terms or conditions of this Limited
Warranty or to create or assume for WARRANTOR
any other obligation or liability with respect to the
PRODUCT or other products designed, manufactured
or sold by WARRANTOR. All terms of this Limited
Warranty are contractual and not mere recitals, and
constitute material terms of this Limited Warranty.
It is agreed and acknowledged that the provisions
of this Limited Warranty allocate the risks between
WARRANTOR and PURCHASER, that WARRANTOR’s
pricing reflects this allocation of risk, and but for this
allocation and limitation of liability, WARRANTOR
would not have entered into this Limited Warranty.
The agents, employees, and dealers of WARRANTOR
Products are not authorized to make modifications
to this limited warranty or make additional warranties
binding on the WARRANTOR.
THIS DOCUMENT AND ALL PROVISIONS CONTAINED HAS
BEEN SPECIFICALLY AGREED BETWEEN THE PARTIES.
Lodes
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NOTES
located or any other potentially applicable law
which conflicts with any provision of this Limited
Warranty at any time.
Other Rights
Your acceptance of delivery of The PRODUCT
constitutes your acceptance of the terms of
this Limited Warranty. This Limited Warranty
gives you specific legal rights, and you may also
have other rights which vary from state to state.
If any term or provision of this Limited Warranty is
invalid or unenforceable under any local, state, or
federal law, statute, judicial decision, regulation,
ordinance, executive order or other rule of law,
such term shall be deemed reformed or deleted, but
only to the extent necessary to comply with such
statute, regulation, ordinance, order or rule and the
remaining provisions of this Limited Warranty shall
remain in full force and effect.
Entire Agreement
This document alone contains the entire Limited
Warranty given by WARRANTOR in respect of
the PRODUCT. Nothing in WARRANTOR’s product
literature, marketing materials, advertisements
and technical specifications expand or enlarge
the scope of this Limited Warranty. There are no
terms, promises, conditions or warranties regarding
the PRODUCT other than those expressly contained
herein. WARRANTOR specifically does not authorize
any person, including but not limited to any dealer or
other agent or employee of WARRANTOR, to extend
the time, scope, terms or conditions of this Limited
Warranty or to create or assume for WARRANTOR
any other obligation or liability with respect to the
PRODUCT or other products designed, manufactured
or sold by WARRANTOR. All terms of this Limited
Warranty are contractual and not mere recitals, and
constitute material terms of this Limited Warranty.
It is agreed and acknowledged that the provisions
of this Limited Warranty allocate the risks between
WARRANTOR and PURCHASER, that WARRANTOR’s
pricing reflects this allocation of risk, and but for this
allocation and limitation of liability, WARRANTOR
would not have entered into this Limited Warranty.
The agents, employees, and dealers of WARRANTOR
Products are not authorized to make modifications
to this limited warranty or make additional warranties
binding on the WARRANTOR.
THIS DOCUMENT AND ALL PROVISIONS CONTAINED HAS
BEEN SPECIFICALLY AGREED BETWEEN THE PARTIES.
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