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TERMS AND CONDITIONS OF GUARANTEE
for registered welding and cutting equipment of voestalpine Böhler Welding Selco S.r.l.

1) GENERAL PROVISIONS

1.1) All voestalpine Böhler Welding Selco S.r.l. welding and cutting equipment is designed and manufactured for professional and industrial applications to guarantee maximum reliability and quality in the operating conditions as specifically provided for and described in the instruction manual.

1.2) Only upon successful registration of the beneficiary of the Guarantee, these Terms and Conditions of Guarantee (hereinafter referred to as “Guarantee”) shall become applicable to the products set out in section 2.2 herein, which are purchased from voestalpine Böhler Welding Selco S.r.l. (hereinafter referred to as “vaBWSelco” or “Manufacturer”) after the date of execution hereof by the parties unless differently provided in the relevant purchase agreement and unless new Terms and Conditions of Guarantee are executed .

1.3) This Guarantee is in addition to other contractual or statutory rights and claims. Non-derogable rights of the beneficiary of the guarantee are not limited thereby.
By means of this Product Guarantee, the Manufacturer does not guarantee that the products are exempted from defects or lack of quality for a period longer than the one provided by the law, but undertakes the repair/reimbursement/replacement obligations expressly indicated under the following articles and within the limits indicated thereby.

2) SCOPE OF APPLICATION

2.1) Products covered by Guarantee: This Guarantee applies exclusively to products described under section 2.2 purchased as a new device directly from vaBWSelco, from a dealer authorized by vaBWSelco or from a specialist installation company, and which have been commissioned in accordance with the operating and installation instructions.
Components or products handed over by vaBWSelco to customers for test purposes as demonstration units or pre-series units are expressly excluded from the scope of this Guarantee and this Guarantee shall not apply thereto.

2.2) The Guarantee is limited to the following product groups and refers exclusively to the registered device notified to vaBWSelco by serial number at the time of commissioning:

Product groups

  • Welding units
  • Cooling units
  • GT trolley
  • Wire feed units
  • Plasma cutters
  • Remote controls
  • Hose packages
  • Böhler Welding brand torches

2.3) Guarantor: The guarantor is voestalpine Böhler Welding Selco S.r.l., address: via Palladio 19, 35019 Onara di Tombolo, Italy.

2.4) Beneficiary of the Guarantee: The beneficiary of the Guarantee is any natural or legal person who acquired the product covered by Guarantee in accordance with this section 2 and who operates the product for the first time in accordance with its intended use (first operator).

2.5) Dealers, re-sellers and any other subjects who do not operate the product for their own purposes (in particular within their production process) are not beneficiaries of the Guarantee. The Guarantee cannot be transferred by the first operator of the product to another person or other entity.
Thus, no new Guarantee agreement is concluded with the successor-at-law of the first operator and in any case such successor shall not have any claim against the Manufacturer.

2.6) The beneficiary of the Guarantee has the option of registering within thirty (30) calendar days (calculated from the date of the invoice for the product or by the Manufacturer or authorized dealer) on the Manufacturer’s official website www. voestalpine.com/welding.
Only upon successful and complete registration does this Guarantee become effective and the Guarantee period begins in any case on the date of successful registration of the beneficiary.

2.7) Territorial scope: This Guarantee applies only to those products covered by section 2 whose first commissioning took place in Italy or in the respective country in which the authorized dealer ́s office is registered.

3) GUARANTEE TERM

3.1) If the covered product is replaced or repaired, the Guarantee period for the replaced or repaired product or component does not commence a new period, and no new Guarantee certificate will be issued. The Guarantee term ends at the times set out in this section.
The Guarantee terms starts upon the date of successful registration of the beneficiary. The Guarantee provided defines three types of Guarantees, having different terms and applying to certain different products as follows:

5 (five)-year Guarantee covers:

  • power transformers
  • output chokes
  • secondary rectifiers

3 (three)-year Guarantee covers:

  • Power generators
  • WF wire feed systems
  • WU cooling units
  • GT power source trolleys
    [with a maximum running time of 8760 operating hours]
12 (twelve)-month Guarantee covers:
  • Cable assemblies
  • Switches, selectors and contactors
  • Wire feed unit motors
  • Cooling unit pumps
  • Fans
  • Solenoid valves
  • Quick fittings
  • Pressure and flow controls, wire detectors
  • Remote controls in remote interface systems
  • Böhler welding brand torches

4) GUARANTEE CLAIMS

4.1) If the product is covered pursuant to section 2, and if the Event falls within the Guarantee period indicated under section 3 and the damage is not excluded based on the provisions of the Guarantee exclusion, then a Guarantee claim will be valid if one of the following three points applies: 1) the covered product has a material or processing defect, for which the Manufacturer is liable (the “Event”), 2) such Event negatively affects the operation of the product, 3) such Event occurs/appears during the normal, proper use of the product covered by section 2.

4.2) The beneficiary of the Guarantee must contact the authorized dealer in writing and (i) submit the invoice for the registered product in relation to which the Event occurred and (ii) describe the Event, providing any necessary detail and information.
The written notice must be delivered to the authorized dealer within five (5) calendar days as from the discovery of the Event by the beneficiary, otherwise such Guarantee claim shall lapse.
A notice written by E-Mail fulfills the written requirement.

5) ALLOCATION OF COSTS IN THE EVENT OF A GUARANTEE CLAIM

5.1) Within the scope of the Guarantee, vaBWSelco shall reimburse the following costs:

  • The Manufacturer shall bear the “on-site repair costs” of removal and installation of the defective product part or the product itself as well as any costs of labor, repair or installation incurred for the defective product part of product, if such services are performed by the Manufacturer or its authorized dealer.
  • Assumption of domestical shipping and transportation costs for picking up defective products by the nearest located authorized dealer and the return of replacement product parts or of a replacement product; in case the nearest authorized dealer is seated in a country other than the one where the defective product is located, only inbound shipping and transportation costs to the authorized dealer’s country will be reimbursed.
  • Provision of an equivalent product within the scope of product replacement pursuant to section 8, including installing the product being replaced.
  • As from the fourth (4th) year of the Guarantee, the Manufacturer shall only supply to the beneficiary such components necessary to repair the product or - at the Manufacturer’s sole discretion - may only substitute the product without charging any price or costs without being bound to any other further obligation.

5.2) By this Guarantee vaBWSelco does not undertake any obligation to perform any of the following activities nor to reimburse any of the following costs, that shall therefore be performed and respectively borne by the beneficiary and in relation to which the latter shall not have any right towards the Manufacturer:

  • Costs for work on other equipment of the beneficiary of the Guarantee
  • Provision of an equivalent replacement product for the period in which the repair work on the product will be made
  • Obtainment of Export certificates and payment of customs duties
  • Costs for express deliveries
  • As from the 4th (fourth) year of the Guarantee, in addition to the aforementioned items in sec. 5.2, all other costs incurred, such as, in particular, hourly labor and repair costs, shall be borne by the beneficiary of the Guarantee.

5.3) Should the Manufacturer incur costs within the scope of the Guarantee services which are not covered by the Guarantee, these shall be borne by the beneficiary of the Guarantee and the Manufacturer shall have the right to receive remuneration in relation thereto according to its standard prices. In addition, the Manufacturer is entitled at any time to verify whether the beneficiary of the Guarantee has made a claim under the Guarantee and whether such claim is justified as compliant with these Terms and Conditions of Guarantee.
If no Guarantee claim has been duly made and/or of it is not justified, then the Manufacturer shall not have any obligation and the beneficiary of the Guarantee must bear (and reimburse to the Manufacturer) all of the costs, including those normally covered by the Guarantee. In such case, as well as in case certain costs have to be borne by the beneficiary, the Manufacturer is excluded from the obligations set out in accordance with this Guarantee.
The Manufacturer shall have no duty to perform any activity concerning the product interested by the Event for so long as the beneficiary of the Guarantee does not agree in writing to bear the costs, in particular accepting the preestimate that shall be submitted by the Manufacturer.

6) SOFTWARE UPDATES

6.1) Software updates are expressly excluded from the scope of the Guarantee.

7) GUARANTEE EXCLUSIONS

7.1) The present Guarantee is excluded where the damage is a question of general wear and tear of the product or if the claimed defect/error was caused by any of the following:

  • improper use and non-compliance with installation and maintenance instructions given in the product operating manual;
    failure to comply with the instructions on installation and use of the product;
  • products with name plates where the model and serial number have been removed or rendered illegible;
    lack of periodic maintenance in accordance with operating instructions;
  • lack of maintenance, as provided for in the operating instructions or maintenance performed by personnel not authorized by the Manufacturer;
  • incorrect connection to the product’s supply sources, voltage peaks outside specifications (for example: damage to protection varistors); incorrect mains voltages or incorrect type of current;
  • incorrect commissioning of the product, insufficient ventilation or obstruction of airflow;
  • improper transport, storage or packaging (damage during product transport);
  • improper use or misuse of the product;
  • tampering with or repairs to the product by personnel not authorized by the Manufacturer or installation of third- party or replica parts;
  • tampering with or modifications to the product;
  • failure to observe applicable standards and safety regulations;
  • damage caused by other components within the working environment;
  • damage caused by third parties;
  • accidental damage or force majeure (e.g.: lightening, over- voltage, fire, hail, flood, etc.);
  • components of products covered which are subject to regular wear and tear or the existence of normal wear and tear of the product;
  • devices which have been handed over as pre-series devices by the Manufacturer to users for test purposes;
    all parts or components which were not originally sold/ marketed by the Manufacturer.

7.2) In particular, for a sake of clarity, no Guarantee claim will be valid in case of defects having no impact on the proper functioning of the product (e.g. optical impairment, peeling, cosmetic defects). Such defects are excluded from the definition of Event.

7.3) The present Guarantee does not apply to parts and components of the product that are subject to aging and normal wear and tear, such as:

  • metal parts and plastic parts, adhesives, paintwork and surface treatments; 
  • wheels;
  • sockets, plugs, supply cables;
  • sockets, plugs and connection cables of the welding circuit and plasma;
  • connection cables of interfaces, remote controls and cable bundles showing damage such as abrasion, superficial cuts,
    crushing, burns and tampering;
  • wear parts of the torches. Components of the torch such as the protective sheath, torch body, cables and wires showing damage such as abrasion, superficial cuts, crushing, burns and tampering;
  • components of the wire feed system, such as rollers, gears, bearings, shafts, bushings, wired guidance systems, feeding units, loading arms;
  • hydraulic and pneumatic system components, such as piping, fixed connections, inserts and pressure adjustment component;
  • accessories such as pressure reducers and flow meters.

8) GUARANTEE SERVICES

8.1) In the event that a Guarantee claim arises and has been duly and promptly notified according to the provisions above and provided that no Guarantee exclusion applies, the Manufacturer shall have the following options:

  • On-site repair: The Manufacturer or the authorized dealer
    shall repair the defective product at site. The beneficiary
    of the Guarantee must grant the Manufacturer and/or the authorized dealer unrestricted access to the product during normal business hours.
  • Collection of defective product parts by authorized dealer: In accordance with the Guarantee terms regarding “Allocation of costs in the event of a Guarantee claim” section 5, the beneficiary of the Guarantee may have the defective product part collected free-of-charge by the authorized dealer. The authorized dealer must ensure proper and professional transport. The Manufacturer or authorized dealer shall arrange for the repaired product part to be returned to the beneficiary of the Guarantee.
  • Product replacement: The authorized dealer shall replace the defective product with an equivalent device corresponding to it in terms of design, condition and age.
    If a higher quality/newer device is handed over to the beneficiary of the Guarantee in replacement, then the Manufacturer has the option of demanding appropriate compensation from the beneficiary of the Guarantee.
    Such compensation shall be required in writing by the Manufacturer to the beneficiary before supplying the replacement product and the beneficiary shall have the right to accept in writing to pay such compensation within the following 10 days. In case the Manufacturer shall not receive such acceptance within such term, it shall not have any further obligation under these Terms and Conditions of Guarantee and the beneficiary shall be intended to have waived any right concerning the relevant Guarantee claim. The beneficiary of the Guarantee shall provide access to the product at site and shall prepare and support proper disassembly and transport preparations by the authorized dealer for delivery thereof to the Manufacturer. It shall be at the sole discretion of Manufacturer to temporarily provide a temporary replacement product to the beneficiary of the Guarantee prior to returning the defective product.
    In the event of a temporary replacement delivery, the Manufacturer shall retain ownership of the temporary replacement product delivered and shall arrange for return of the repaired product and the removal of the temporary replacement product.

8.2) The beneficiary of the Guarantee shall only have the rights exclusively indicated above and shall not be entitled to assert any further claims, on whatever legal basis, under this voluntary Guarantee against the Manufacturer, that in relation to any Event and subject to the conditions hereof only undertakes and has the obligation to perform the activities and bear the costs indicated above. In addition to the provisions of the Guarantee the General Terms and Conditions of vaBWSelco shall apply any time

9) DATA PROTECTION

9.1) By registering the product, the data of the beneficiary of the Guarantee will be processed by the Manufacturer for purposes of providing Guarantee services. More detailed information on this may be found in our data protection notice, which is available on the Manufacturer’s website (https://www.voestalpine.com/welding/global-en/data-privacy/) and to which the Manufacturer complies.

10) APPLICABLE LAW AND JURISDICTION

10.1) Claims arising out of or in connection with the present Guarantee shall be governed by Italian laws, with the exclusion of the UN Convention on Contracts for the International Sale of Goods and excluding application of international private law including choice-of-law rules. The place of performance for the guarantees provided by the Manufacturer is Italy. Jurisdiction and venue shall be vested in the courts of Padova (Italy) and shall be the sole court competent in relation to any claim concerning this Guarantee, its performance and interpretation.

voestalpine Böhler Welding Selco S.r.l.

The beneficiary declares to have carefully read and to specifically accept the whole text of the Guarantee and to expressly accept, as far as it might be necessary and to any necessary extent, according to article 1341 and 1342 of the Italian Civil Code, the following provisions:

  • Article 2.5: prohibition to transfer the Guarantee to third parties
  • Article 2.6.: Guarantee commencing only with the registration of the Guarantee
  • Article 3.1.: exclusion of the Guarantee for products repaired or replaced
  • Article 4.2: term for the notice of the Guarantee claim
  • Article 5.3: faculty for the Manufacturer to suspend the performance of its obligations
  • Articles 6 and 7: Guarantee exclusions
  • Article 8.2: limitation of responsibility of the Manufacturer
  • Article 10: exclusive jurisdiction of the Court of Padua.