All the ZORZINI S.p.A. (“Zorzini”) products are guaranteed for a period of twelve (12) months from the date of delivery by Zorzini against defects in materials and workmanship, but only if (i) the products are installed, used, and maintained in accordance with the manuals provided by Zorzini and are used for the intended purpose, (ii) any such defect does not result from causes external to the product after delivery or use of non-original spare parts, and (iii) any such defect does not result from any modifications to the products without the prior written consent of Zorzini.
Zorzini’s obligation under this warranty shall be limited to the repair or replacement of any defective product, Ex Works (Incoterms 2010) Zorzini’s Factory, Udine, Italy. point of manufacture. Zorzini shall not be responsible for the cost of removal or installation of any such product found to be defective.
If requested by Zorzini, customer shall return such products found to be defective to Zorzini, shipping prepaid by customer, for inspection once an authorization number is granted from Zorzini’s field service representative. Normal wear items such as gaskets are excluded from this warranty. Zorzini shall not be liable under the warranty on the products unless the complaint is submitted promptly after discovery of the defect, in accordance with the Zorzini “Procedure for returned materials and claims” in effect from time to time. The customer must provide a detailed description of the problem or difficulty, and Zorzini will establish to its sole satisfaction that the product has been properly installed, maintained and operated.
NO OTHER WARRANTIES. THE WARRANTIES IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED AND OF ALL OTHER WARRANTIES OR LIABILITIES OF ANY KIND. ZORZINI NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
PERSON TO ASSUME FOR ZORZINI ANY OTHER OBLIGATION, WARRANTY OR LIABILITY IN CONNECTION WITH THE PRODUCTS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, CUSTOMER ACKNOWLEDGES AND AGREES THAT ZORZINI HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE, AND HAS EXPRESSLY DISCLAIMED, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE, DESIGN, OPERATION, PRODUCTIVENESS, MERCHANTABILITY OR FITNESS FOR USE FOR ANY PARTICULAR PURPOSE OF THE PRODUCTS OR ANY PART THEREOF. ZORZINI DISCLAIMS ANY WARRANTY IF THE PRODUCT HAS NOT BEEN PROPERLY INSTALLED, USED OR MAINTAINED, OR IF SPARE PARTS AND COMPONENTS NOT MANUFACTURED BY OR ON BEHALF OF ZORZINI HAVE BEEN USED.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THE SALE CONTRACT TO THE CONTRARY, WHETHER SUCH LIABILITY IS A RESULT OF A BREACH OF CONTRACT, A BREACH OF WARRANTY, OR OTHERWISE, ZORZINI’S LIABILITY IS LIMITED TO THE VALUE OF THE PRODUCT, AND IN NO EVENT SHALL ZORZINI BE LIABLE TO CUSTOMER FOR ANY PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE OF THE PRODUCT, LOSS OF PRODUCTION, OR LOSS OF PROFITS OR INCOME