general warranty conditions
Description of Warranty Conditions offered by Pulsar Engineering
Introduction
Pulsar Engineering Srl, through this document, intends to present a general and comprehensive description of its general warranty conditions, applicable to any type of contract signed by Pulsar Engineering Srl, unless otherwise provided and stipulated by a specific supply contract during the negotiation phase.
General Provisions
This warranty certifies the use of high-quality materials and the manufacturing of the systems according to the highest precision criteria. Proper use and regular maintenance ensure the good functioning of the system over time. Pulsar Engineering Srl guarantees to the Buyer that:
a) Subject to the provisions of Article 6 of the General Conditions of Sale, which regulate the conditions for the transfer of ownership, the title of the Products will pass to the Buyer free from liens and encumbrances; b) For a period of twelve (12) months from the date of completion of the Final Performance Test (hereinafter referred to as the “Warranty Period”), the Products will be free from defects in materials and workmanship (hereinafter referred to as the “Post-Sale Warranty”).
Any manufacturing defects occurring during the Warranty Period will be corrected by Pulsar Engineering Srl in accordance with the terms of this Post-Sale Warranty.
Subject of the Warranty
Pulsar Engineering Srl assumes responsibility only for the original defective components installed on the system/machine; the warranty becomes void if the user employs non-original spare parts and/or incorrectly assembled parts and/or does not adhere to the instructions provided in the technical documentation delivered.
The warranty applies to the lines, machines, and devices supplied by Pulsar Engineering Srl that are properly maintained according to the manufacturer’s instructions and used exclusively in accordance with the purpose of the supply indicated in the Technical Specifications of the supply contract, under the operating conditions prescribed therein and for the list of products/materials to be managed as specified.
Materials and machinery found to be defective are covered by warranty at our customer’s premises as follows:
- Mechanical components: 12 months;
- Electrical components: as indicated by Pulsar Engineering Srl in the specific Sales Contract.
Not covered by warranty:
- Components subject to wear and tear from normal use;
- Faults resulting from incorrect or non-compliant use.
The aforementioned warranty is valid only if all instructions indicated in the User and Maintenance Manual are followed. The warranty refers to the system operating with the original management software provided by Pulsar Engineering Srl.
In the case of supervision using software not supplied by Pulsar Engineering Srl, it must comply with the technical and operational characteristics, including those related to the minimum and maximum possible speeds of the supplied devices, as specified in the Technical Specifications of the supply contract. Otherwise, the warranty will become void. If the materials used by Pulsar Engineering Srl for manufacturing are produced by third parties and are themselves subject to warranties from said third-party manufacturers, instead of the Post-Sale Warranty, Pulsar Engineering Srl provides the buyer with the same warranties made available to Pulsar Engineering Srl by the third-party manufacturers.
Complaints or Disputes
Any complaints or disputes regarding packaging, quantity, number, or external characteristics of the Products (external defects) must be notified to Pulsar Engineering Srl by registered letter with return receipt within eight (8) days of receipt of the Products; in the absence of such notification, the goods are deemed accepted without reservation. Any complaints regarding defects that cannot be detected based on a thorough inspection at the time of receipt (hidden defects) must be notified to the Seller by registered letter within twenty-one (21) days of discovering the defect and in any case no later than twelve (12) months from delivery; in the absence of such notification, the buyer’s right to claim the aforementioned defects expires.
To enable a quick and effective repair of the verified malfunction, the user must ensure the presence and availability of qualified interlocutors on the lines with whom it is possible to carry out the necessary diagnosis and possible repair operations of the fault or malfunction, obtain documentation, videos, or any other information necessary for this purpose.
Seller's Obligations
Pulsar Engineering Srl undertakes to repair or replace any defective part covered by the Post-Sale Warranty, at its discretion. In such cases, Pulsar Engineering Srl may choose between delivering replacement parts or repairing at the Buyer’s premises.
Unless otherwise regulated by the specific Supply Contract, the operational warranty covers only mechanical and electrical parts and not their installation on the system. The need to send specialized personnel from Pulsar Engineering is identified and decided unilaterally by Pulsar Engineering based on its judgment, while maintaining the commitment to resolve the malfunction through the provision of replacement parts, instructions, recommendations, or other necessary information.
For warranty intervention requests or post-sale assistance, Pulsar Engineering provides the following contacts:
- Email address: service@pulsarengineering.com
- Telephone number: Office: +39.051.6323029 Mobile: +39.335.7124197 Simone Bonora
Warranty Exclusions
It should also be noted that, unless otherwise provided in the Sales Contract:
- Any problems arising from the interfacing of systems supplied by Pulsar Engineering Srl with upstream and downstream machines and any operational malfunctions caused by them in reference to what is provided in the Technical Specifications of the supply contract are excluded from the warranty;
- For any interventions where it is not immediately possible to identify the nature and responsibility of the malfunction, it will be evaluated on a case-by-case basis, with the possibility of Pulsar Engineering Srl charging the costs of any interventions carried out for causes not falling within its contractual responsibilities.
Unless otherwise agreed, the supply of goods is understood to be Ex Works, as defined and established by Incoterms® 2010 regulated by the International Chamber of Commerce.
The Buyer also acknowledges and accepts that the warranty of Pulsar Engineering Srl is expressly limited to manufacturing defects and does not extend to defects arising from other causes, including, without limitation, defects caused in whole or in part by damage during transport, improper use, handling, or maintenance of the products.
Any unauthorized modification or tampering with the system and its safety devices, as well as incorrect use and/or maintenance of the same, exempts Pulsar Engineering Srl from any responsibility for any accidents or damages caused by the use of the system.
Pulsar Engineering Srl does not guarantee that the Products comply with particular specifications or technical characteristics or their suitability for particular uses unless to the extent that such characteristics have been expressly agreed upon in the supply contract or in documents referred to for this purpose in the Sales Contract.
Limitation of Liability
The warranties of Pulsar Engineering Srl are limited to what is expressly provided in the specific Sales Contract and the General Conditions of Sale.
Except as expressly provided in this document or by applicable law (International Convention on the Sale of Goods, Vienna April 11, 1980), Pulsar Engineering Srl has no liability in relation to the Products.
In no event shall Pulsar Engineering Srl be liable for loss of profit, incidental or consequential damages, direct or indirect, losses of any kind (including personal injury and property damage), or for any loss or damage arising from simple recommendations provided to the Buyer by Pulsar Engineering Srl.
The Parties acknowledge and agree that the total liability of Pulsar Engineering Srl arising from and/or related to this contract is limited, in any case, to the Purchase Price.
Except in cases of willful misconduct or gross negligence by Pulsar Engineering Srl, the sole obligation of Pulsar Engineering Srl in case of defects, lack of quality, or non-conformity of the Products shall be to repair or replace the defective Products.
It is understood that the above warranty (i.e., the obligation to repair or replace the Products) is in lieu of any other legal warranty or liability, excluding those liabilities of Pulsar Engineering Srl (whether contractual or non-contractual) that may arise from or in relation to the supplied products (e.g., compensation for damages, loss of profit, recall campaigns, etc.).
Pulsar Engineering Srl is also relieved from any liability for accidents and damage to property, persons, and animals due to maneuvers not foreseen or advised, or not explicitly reported within the Technical documentation or the specific Sales Contract and the General Conditions of Sale.
Safety of Systems
All components and equipment supplied by Pulsar Engineering Srl comply with the “Machinery Directive” 2006/42/EC. In all areas where connection to machines supplied by other suppliers is necessary, the provision of any protections, if required, remains – unless otherwise expressed – the responsibility of the user, as well as the integration of the machines and devices supplied with the rest of the customer’s line and the final certification of the resulting assembly.
Release of Control Line Software
The Pulsar Engineering software installed is designed to ensure the safe operation of the line by operators (according to UNI EN ISO 12100:2010) and to meet the production specifications declared at the time of the offer and order confirmation.
Furthermore, there are several levels of passwords to access the relevant system blocks. Normally, Pulsar Engineering software does not require reprogramming by the user for the parts related to line safety. If reprogramming of these blocks is necessary, it must be done by Pulsar Engineering technicians following current safety regulations.
If unauthorized modifications are made to the line, machines, and management software, this will automatically void the warranty on the system, functionality, established performance, and guaranteed longevity.
Additionally, the certification and homologation of the system according to current safety regulations will be voided. Consequently, Pulsar Engineering Srl declines any responsibility for damage to persons, property, plants, production losses, and product damage caused by such modifications.
The release of Pulsar Engineering software occurs following the signing of specific acceptance of the aforementioned conditions.
Competent Court and Applicable Law
These warranty conditions are governed and interpreted in accordance with the laws in force in Italy and, in particular, the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980. All disputes arising from the contractual warranty conditions are resolved by the courts of the jurisdiction where the Seller’s main place of business is located.
In the event of any dispute or disagreement arising from the general warranty conditions that cannot be resolved under other provisions of the Contract or the General Conditions, the parties agree to submit the matter, first, to Competence proceedings administered according to the Competence rules of the International Chamber of Commerce.
Any dispute or disagreement that is not resolved through such Competence proceedings shall, after notification from the ICC Center of the closure of the Competence proceedings, be resolved under the Arbitration Rules of the International Chamber of Commerce by three (3) arbitrators appointed in accordance with said rules.
The place of arbitration shall be Bologna, Italy, and the language of arbitration shall be Italian.
The arbitration award shall determine the party or parties required to pay the cost of arbitration. Any decision shall be final and binding on the parties and may be entered as a final judgment in the jurisdiction of each party’s domicile or any jurisdiction where such party has assets.
