Common use of GUARANTEE Clause in Contracts

GUARANTEE. The Seller guarantees that the Products are faultless and flawless. The guarantee falls within the limits of Art. 1495 of the Italian Civil Code and is subject to the further limitations set out in this article and to the Raccolta Provinciale degli Usi 2005 (provincial compilation of customs for 2005) drafted by the Chamber of Commerce of Modena for the ceramics industry, as well as the customary tolerances. Any specification of weights, sizes, dimensions, colours, shades, and other data contained in the Seller’s catalogues, brochures, and folder are illustrative only and in no way binding. In any case, the Seller’s guarantee is limited to first class products only, i.e. those - according to the aforesaid provincial compilation of customs for 2005 issued by the Modena Chamber of Commerce for ceramic materials - with a percentage of faulty tiles not exceeding 5%, and solely for the part exceeding this percentage, while the guarantee is expressly excluded for Products from any other quality class. Any tonal differences with respect to the shade agreed cannot be claimed to be a fault in the Products and, more specifically, non-compliance with any samples provided to the Buyer by the Seller will not constitute a fault. Upon receipt of the Products, the Buyer is required to perform a thorough visual inspection thereupon in accordance with the instructions set out in section 9 of standards UNI EN ISO 10545-2. In the event that the Buyer finds faults in the Products, the former must file a complaint to the Seller in writing within eight (8) days of receipt thereof and keep the entire consignment of material at the Seller’s disposal. Failure to comply herewith will result in forfeiture of the guarantee. The complaint must contain the relative invoicing data and a detailed description of the claimed fault, accompanied, where possible, by photographs. If the complaint should prove to be unfounded, the Buyer must make good to the Seller the expenses incurred for any inspection activities performed (appraisals, travel, etc.). Hidden faults must be reported to the Seller in writing within eight (8) days of the date of discovery thereof and failure to comply herewith will result in forfeiture of the guarantee. In any case, the Buyer’s action to exercise the guarantee for faults must take place within 12 (twelve) months as of the date on which the Products were delivered. If the faults reported by the Buyer are confirmed, the Seller will replace the faulty Products at its own expense. If replacement is not possible, the Buyer will be entitled to a refund for the price paid and to reimbursement of the carriage costs, with any other compensation for direct and/or indirect damage caused by the faulty nature of the Products hereby expressly excluded. The costs for returning the Products will be borne by the Seller. In any case, before laying the ceramic materials purchased, it is the responsibility of the Buyer and/or the end customer (to whom or which the Buyer is liable pursuant to Article 1381 of the Italian Civil Code) to check for any obvious faults and/or defects; this is necessary, inter alia, to prevent any further damage. Any complaints or disputes which may arise concerning ceramic materials which have already been installed will not be entered into. Installation of the materials amounts to the forfeiture of the guarantee for obvious faults and/or defects in the goods supplied and in any case the provisions of Article 1227 of the Italian Civil Code will apply. Likewise, the Buyer hereby acknowledges and declares that any fault or flaw due to incorrect use (e.g. inadequate laying methods) or alteration of the Products attributable to the Buyer or to incorrect cleaning is excluded from the guarantee.

GUARANTEE. The Seller guarantees that the Products are faultless and flawless. The guarantee falls within the limits of Art. 1495 of the Italian Civil Code and is subject to the further limitations set out in this article and to the Raccolta Provinciale degli Usi 2005 (provincial compilation of customs for 2005) drafted by the Chamber of Commerce of Modena for the ceramics industry, as well as the customary tolerances. Any specification of weights, sizes, dimensions, colours, shades, and other data contained in the Seller’s catalogues, brochures, and folder are illustrative only and in no way binding. In any case, the Seller’s guarantee is limited to first class products only, i.e. those - according to the aforesaid provincial compilation of customs for 2005 issued by the Modena Chamber of Commerce for ceramic materials - with a percentage of faulty tiles not exceeding 5%, and solely for the part exceeding this percentage, while the guarantee is expressly excluded for Products from any other quality class. Any tonal differences with respect to the shade agreed cannot be claimed to be a fault in the Products and, more specifically, non-compliance with any samples provided to the Buyer by the Seller will w ill not constitute a fault. Upon receipt of the Products, the Buyer is required to perform a thorough visual inspection thereupon in accordance with the instructions set out in section 9 of standards UNI EN ISO 10545-2. In the event that the Buyer finds faults in the Products, the former must file a complaint to the Seller in writing within eight (8) days of receipt thereof and keep the entire consignment of material at the Seller’s disposal. Failure to comply herewith will result in forfeiture of the guarantee. The complaint must contain the relative invoicing data and a detailed description of the claimed fault, accompanied, where possible, by photographs. If the complaint should prove to be unfounded, the Buyer must make good to the Seller the expenses incurred for any inspection activities performed (appraisals, travel, etc.). Hidden faults must be reported to the Seller in writing within eight (8) days of the date of discovery thereof and failure to comply herewith will w ill result in forfeiture of the guarantee. In any case, the Buyer’s action to exercise the guarantee for faults must take place within 12 (twelve) months as of the date on which the Products were delivered. If the faults reported by the Buyer are confirmed, the Seller will w ill replace the faulty Products at its own expense. If replacement is not possible, the Buyer will w ill be entitled to a refund for the price paid and to reimbursement of the carriage costs, with any other compensation for direct and/or indirect damage caused by the faulty nature of the Products hereby expressly excluded. The costs for returning the Products will w ill be borne by the Seller. In any case, before laying the ceramic materials purchased, it is the responsibility of the Buyer and/or the end customer (to whom or which the Buyer is liable pursuant to Article 1381 of the Italian Civil Code) to check for any obvious faults and/or defects; this is necessary, inter alia, to prevent any further damage. Any complaints or disputes which may arise concerning ceramic materials which have already been installed will not be entered into. Installation of the materials amounts to the forfeiture of The Parties hereby acknowledge and agree that the guarantee for obvious faults and/or defects in the goods supplied and in any case the provisions of Article 1227 of the Italian Civil Code will applyw ill terminate upon laying. Likewise, the Buyer hereby acknowledges and declares that any fault or flaw due to incorrect use (e.g. inadequate laying methods) or alteration of the Products attributable to the Buyer or to incorrect cleaning is excluded from the guarantee.

GUARANTEE. The Seller guarantees that the Products are faultless and flawless. The guarantee falls within the limits of Art. 1495 of the Italian Civil Code and is subject to the further limitations set out in this article and to the Raccolta Provinciale Pro- vinciale degli Usi 2005 (provincial compilation of customs for 2005) drafted by the Chamber of Commerce of Modena for the ceramics industry, as well as the customary tolerances. Any specification of weights, sizes, dimensions, colours, shades, and other data contained in the Seller’s catalogues, brochures, and folder are illustrative only and in no way binding. In any case, the Seller’s guarantee is limited to first class products only, i.e. those - according to the aforesaid provincial compilation of customs cus- toms for 2005 issued by the Modena Chamber of Commerce for ceramic materials - with a percentage of faulty tiles not exceeding 5%, and solely for the part exceeding this percentagepercent- age, while the guarantee is expressly excluded for Products from any other quality class. Any tonal differences with respect to the shade agreed cannot be claimed to be a fault in the Products and, more specifically, non-compliance compli- ance with any samples provided to the Buyer by the Seller will not constitute a fault. Upon receipt of the Products, the Buyer is required re- quired to perform a thorough visual inspection thereupon in accordance with the instructions set out in section 9 of standards UNI EN ISO 10545-2. In the event that the Buyer finds faults in the Products, the former must file a complaint to the Seller in writing within eight (8) days of receipt re- ceipt thereof and keep the entire consignment of material at the Seller’s disposal. Failure to comply herewith will result in forfeiture of the guarantee. .The complaint must contain the relative rel- ative invoicing data and a detailed description of the claimed fault, accompanied, where possiblepos- sible, by photographs. If the complaint should prove to be unfounded, the Buyer must make good to the Seller the expenses incurred for any inspection activities performed (appraisalsapprais- als, travel, etc.). Hidden faults must be reported to the Seller in writing within eight (8) days of the date of discovery dis- covery thereof and failure to comply herewith will result in forfeiture of the guarantee. In any case, the Buyer’s action to exercise the guarantee for faults must take place within 12 (twelve) months as of the date on which the Products were delivered. If the faults reported by the Buyer are confirmedcon- firmed, the Seller will replace the faulty Products Prod- ucts at its own expense. If replacement is not possible, the Buyer will be entitled to a refund for the price paid and to reimbursement of the carriage costs, with any other compensation for direct and/or indirect damage caused by the faulty nature of the Products hereby expressly ex- ▇▇▇▇▇▇▇ excluded. The costs for returning the Products will be borne by the Seller. In any case, before laying the ceramic materials purchased, it is the responsibility of the Buyer and/or the end customer (to whom or which the Buyer is liable pursuant to Article 1381 of the Italian Civil Code) to check for any obvious faults and/or defects; this is necessary, inter alia, to prevent any further damage. Any complaints or disputes which may arise concerning ceramic materials which have already been installed will not be entered into. Installation of the materials amounts to the forfeiture of The Parties hereby acknowledge and agree that the guarantee for obvious faults and/or defects in the goods supplied and in any case the provisions of Article 1227 of the Italian Civil Code will applytermi- nate upon laying. Likewise, the Buyer hereby acknowledges and declares that any fault or flaw due to incorrect use (e.g. inadequate laying methods) or alteration alter- ation of the Products attributable to the Buyer or to incorrect cleaning is excluded from the guarantee.

GUARANTEE. 288 / The Seller guarantees that the Products are faultless and flawless. The guarantee falls within the limits of Art. 1495 of the Italian Civil Code and is subject to the further limitations set out in this article and to the Raccolta Provinciale degli Usi 2005 (provincial compilation of customs for 2005) drafted by the Chamber of Commerce of Modena for the ceramics industry, as well as the customary tolerances. Any specification of weights, sizes, dimensions, colours, shades, and other data contained in the Seller’s catalogues, brochures, and folder are illustrative only and in no way binding. In any case, the Seller’s guarantee is limited to first class products only, i.e. those - according to the aforesaid provincial compilation of customs for 2005 issued by the Modena Chamber of Commerce for ceramic materials - with a percentage of faulty tiles not exceeding 5%, and solely for the part exceeding this percentage, while the guarantee is expressly excluded for Products from any other quality class. Any tonal differences with respect to the shade agreed cannot be claimed to be a fault in the Products and, more specifically, non-compliance with any samples provided to the Buyer by the Seller will not constitute a fault. Upon receipt of the Products, the Buyer is required to perform a thorough visual inspection thereupon in accordance with the instructions set out in section 9 of standards UNI EN ISO 10545-2. In the event that the Buyer finds faults in the Products, the former must file a complaint to the Seller in writing within eight (8) days of receipt thereof and keep the entire consignment of material at the Seller’s disposal. Failure to comply herewith will result in forfeiture of the guarantee. The complaint must contain the relative invoicing data and a detailed description of the claimed fault, accompanied, where possible, by photographs. If the complaint should prove to be unfounded, the Buyer must make good to the Seller the expenses incurred for any inspection activities performed (appraisals, travel, etc.). Hidden faults must be reported to the Seller in writing within eight (8) days of the date of discovery thereof and failure to comply herewith will result in forfeiture of the guarantee. In any case, the Buyer’s action to exercise the guarantee for faults must take place within 12 (twelve) months as of the date on which the Products were delivered. If the faults reported by the Buyer are confirmed, the Seller will replace the faulty Products at its own expense. If replacement is not possible, the Buyer will be entitled to a refund for the price paid and to reimbursement of the carriage costs, with any other compensation for direct and/or indirect damage caused by the faulty nature of the Products hereby expressly excluded. The costs for returning the Products will be borne by the Seller. In any case, before laying the ceramic materials purchased, it is the responsibility of the Buyer and/or the end customer (to whom or which the Buyer is liable pursuant to Article 1381 of the Italian Civil Code) to check for any obvious faults and/or defects; this is necessary, inter alia, to prevent any further damage. Any complaints or disputes which may arise concerning ceramic materials which have already been installed will not be entered into. Installation of the materials amounts to the forfeiture of the guarantee for obvious faults and/or defects in the goods supplied and in any case the provisions of Article 1227 of the Italian Civil Code will apply. Likewise, the Buyer hereby acknowledges and declares that any fault or flaw due to incorrect use (e.g. inadequate laying methods) or alteration of the Products attributable to the Buyer or to incorrect cleaning is excluded from the guarantee.

GUARANTEE. The Seller guarantees that the Products are faultless and flawless. The guarantee falls within the limits of Art. 1495 of the Italian Civil Code and is subject to the further limitations set out in this article and to the Raccolta Provinciale degli Usi 2005 (provincial compilation of customs for 2005) drafted by the Chamber of Commerce of Modena for the ceramics industry, as well as the customary tolerances. Any specification of weights, sizes, dimensions, colours, shades, and other data contained in the Seller’s catalogues, brochures, and folder are illustrative only and in no way binding. In any case, the Seller’s guarantee is limited to first class products only, i.e. those - according to the aforesaid provincial compilation of customs for 2005 issued by the Modena Chamber of Commerce for ceramic materials - with a percentage of faulty tiles not exceeding 5%, and solely for the part exceeding this percentage, while the guarantee is expressly excluded for Products from any other quality class. Any tonal differences with respect to the shade agreed cannot be claimed to be a fault in the Products and, more specifically, non-compliance with any samples provided to the Buyer by the Seller will not constitute a fault. Upon receipt of the Products, the Buyer is required to perform a thorough visual inspection thereupon in accordance with the instructions set out in section 9 of standards UNI EN ISO 10545-2. In the event that the Buyer finds faults in the Products, the former must file a complaint to the Seller in writing within eight (8) days of receipt thereof and keep the entire consignment of material at the Seller’s disposal. Failure to comply herewith will result in forfeiture of the guarantee. The complaint must contain the relative invoicing data and a detailed description of the claimed fault, accompanied, where possible, by photographs. If the complaint should prove to be unfounded, the Buyer must make good to the Seller the expenses incurred for any inspection activities performed (appraisals, travel, etc.). Hidden faults must be reported to the Seller in writing within eight (8) days of the date of discovery thereof and failure to comply herewith will result in forfeiture of the guarantee. In any case, the Buyer’s action to exercise the guarantee for faults must take place within 12 (twelve) months as of the date on which the Products were delivered. If the faults reported by the Buyer are confirmed, the Seller will replace the faulty Products at its own expense. If replacement is not possible, the Buyer will be entitled to a refund for the price paid and to reimbursement of the carriage costs, with any other compensation for direct and/or indirect damage caused by the faulty nature of the Products hereby expressly excluded. The costs for returning the Products will be borne by the Seller. In any case, before laying the ceramic materials purchased, it is the responsibility of the Buyer and/or the end customer (to whom or which the Buyer is liable pursuant to Article 1381 of the Italian Civil Code) to check for any obvious faults and/or defects; this is necessary, inter alia, to prevent any further damage. Any complaints or disputes which may arise concerning ceramic materials which have already been installed will not be entered into. Installation of the materials amounts to the forfeiture of The Parties hereby acknowledge and agree that the guarantee for obvious faults and/or defects in the goods supplied and in any case the provisions of Article 1227 of the Italian Civil Code will applyterminate upon laying. Likewise, the Buyer hereby acknowledges and declares that any fault or flaw due to incorrect use (e.g. inadequate laying methods) or alteration of the Products attributable to the Buyer or to incorrect cleaning is excluded from the guarantee.