WARRANTY CERTIFICATE TERMS AND CONDITIONS
The warranty governed by this document (“Warranty”;) applies to lighting products produced by Martinelli Luce SpA, with registered office in via T. Bandettini, 55100 Lucca, Italy (“Martinelli Luce”) and to lighting products produced under the Martinelli Luce brand (“Products”).
1. CONTENT AND DURATION OF THE WARRANTY
Martinelli Luce warrants the Products against flaws and/or defects in operation or in materials for a period of 24 months from the date shown on the purchase invoice or receipt (“Warranty Period”). In the event that the Products show flaws and/or defects in operation or in materials during the Warranty Period, Martinelli Luce, without prejudice to the exclusions referred to in Article 2 below, will repair or replace, at its discretion, the defective Products with products of the same series or in any case equivalent (“Intervention under Warranty”). The Intervention under Warranty does not include the activities, costs and expenses of removal and/or re-installation, including the costs for assembly and disassembly, the shipping costs of the defective Products, transport and disposal costs, which will be entirely borne by the Customer. The Intervention under Warranty must be requested by the Customer, under penalty of forfeiture, no later than 8 days from the discovery of the defect, reporting in writing the nature and extent of the defect to the e-mail address email@example.com (“Defect Re-port”). In particular, the Defect Report must include the code of the defective Product and a description of the alleged flaw or defect, preferably accompanied by photographs, and a copy of the purchase invoice or receipt must be attached to it. Products repaired under Warranty will be considered covered only for the remaining part of the Warranty Period starting from the original purchase.
2. EXCLUSIONS FROM THE WARRANTY
This Warranty does not apply - and Martinelli Luce will have no liability in relation to - flaws and defects that derive from:
• incorrect wiring, installation, use and/or maintenance of the Product, for example with respect to the provisions of the instructions supplied with each Product;
• installation of the Product in an environment exposed to atmospheric and/or chemical agents or to temperatures and tension states higher than those envisaged in the instructions provided by Martinelli Luce;
• improper and/or anomolous use of the Product;
• power supply conditions, including voltage spikes or over/under voltage, and ripple current control systems that do not meet industry standards;
• alterations and/or tampering with the Product;
• interventions on the Product not carried out directly by Martinelli Luce or not authorized by the latter in writing;
• unforeseen events, including falls, and/or force majeure;
• chromatic alteration of the light emission in the case of Products with LED source if the measurement of the values satisfies in any case the technical specifications of the product.
The Intervention under Warranty does not cover:
• the parts of the Product subject to normal wear and aging as well as the plastic parts that discolor and become brittle due to the natural aging process;
• software flaws, bugs or viruses, additional control devices, such as Bluetooth devices or equivalent;
• electronic components, power supplies, transformers, light bulbs and other products that Martinelli Luce distributes as commercial goods, as well as lighting fixtures from other manufacturers.
3. LIABILITY OF MARTINELLI LUCE
Under no circumstances will Martinelli Luce be liable for indirect and consequential damages including, but not limited to, loss of profit, property damage, third party claims against the Customer or other costs not previously mentioned. Under this Warranty, Martinelli Luce’s liability cannot in any case exceed the price of the Product recognized as defective or flawed. It is understood that the Warranty governed by this document is the only warranty offered by Martinelli Luce, with the express exclusion of any other warranty, express or implied, legal or conventional, even for hidden defects or suitability requirements for a particular, general or normal use. Furthermore, all Warranties or insurances issued by third parties in addition to the warranties issued by Martinelli Luce are expressly excluded from this Warranty, and will therefore in no way be binding on Martinelli Luce unless Martinelli Luce has expressly confirmed them in writing. If individual provisions of this Warranty are totally or partially invalid or ineffective or subsequently become so as a result of a change in the applicable law, the remaining terms and their validity will remain unchanged.
4. APPLICABLE LAW AND PLACE OF JURISDICTION
This document is governed by Italian law. Any dispute relating to the interpretation, validity and effectiveness of this document and in any case connected to it, will be devolved to the exclusive jurisdiction of the judicial authority of the Lucca Court with the exclusion of any other court.