Common use of GUARANTEE Clause in Contracts

GUARANTEE. ENGLISH a) In business relationships or in case of products sold for professional use, this warranty is limited to the repair or replacement of product parts that FRATELLI COMUNELLO SPA acknowledges as defective, through equivalent re- manufactured Products (the “Conventional Warranty”); the warranty does not include the costs necessary for repairing or replacing the material (e.g. labour costs, rental of equipment etc). b) The provisions contained in articles 1490 to 1495 of the Italian Civil Code shall not apply. c) FRATELLI COMUNELLO SPA warrants the proper operation of the products within the limits indicated in a) above. Unless otherwise agreed, the validity of the Conventional Warranty is 36 (thirty-six) months from the production date, which can be found on the products. The Warranty shall be effective and binding on COMUNELLO only if the product has been correctly installed and maintained in accordance with the installation and safety rules set out in the documentation provided by COMUNELLO or otherwise available on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/ corporate/ general_conditions_sales/ d) The warranty does not cover: failures or damage caused by transport; failures or damage caused by defects in the electrical system of the buyer and/or by carelessness, negligence, inadequate or abnormal use of such system; failure or damage due to tampering carried out by unauthorized personnel or due to incorrect use / installation (in this regard, system maintenance at least every six months is recommended) or the use of non-original spare parts; defects caused by chemical agents and/or atmospheric phenomena. The warranty does not cover the cost of consumables; in any event, COMUNELLO shall be entitled to a consideration for the work performed at the Customer, where such work proves useless as the warranty did not apply or because the customer had used the Comunello product in a negligent, reckless or incompetent manner, such that the proper use of the product could have avoided the work.

GUARANTEE. ENGLISH a) In business relationships or in case of products sold for professional use, this warranty is limited to the repair or replacement of product parts that FRATELLI COMUNELLO SPA acknowledges as defective, through equivalent re- re-manufactured Products (the “Conventional Warranty”); the warranty does not include the costs necessary for repairing or replacing the material (e.g. labour costs, rental of equipment etc). b) The provisions contained in articles 1490 to 1495 of the Italian Civil Code shall not apply. c) FRATELLI COMUNELLO SPA warrants the proper operation of the products within the limits indicated in a) above. Unless otherwise agreed, the validity of the Conventional Warranty is 36 (thirty-six) months from the production date, which can be found on the products. The Warranty shall be effective and binding on COMUNELLO only if the product has been correctly installed and maintained in accordance with the installation and safety rules set out in the documentation provided by COMUNELLO or otherwise available on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/ corporate/ general_conditions_sales/ d) The warranty does not cover: failures or damage caused by transport; failures or damage caused by defects in the electrical system of the buyer and/or by carelessness, negligence, inadequate or abnormal use of such system; failure or damage due to tampering carried out by unauthorized personnel or due to incorrect use / installation (in this regard, system maintenance at least every six months is recommended) or the use of non-original spare parts; defects caused by chemical agents and/or atmospheric phenomena. The warranty does not cover the cost of consumables; in any event, COMUNELLO shall be entitled to a consideration for the work performed at the Customer, where such work proves useless as the warranty did not apply or because the customer had used the Comunello product in a negligent, reckless or incompetent manner, such that the proper use of the product could have avoided the work.