General Post-Supply Conditions

SCOPE OF APPLICATION AND REGULATORY REFERENCES

In the event of any conflict between these Terms and Conditions and any general terms and conditions of the Customer, these Terms and Conditions shall prevail, unless expressly and specifically waived in writing by EQUADRO.

Any tolerance on the part of EQUADRO with regard to violations or delays in the application of these Terms and Conditions shall not constitute a waiver of its rights.

DEFINITIONS

The following definitions apply for the purposes of interpreting and applying these General Terms and Conditions of Supply.

SERVICE DELIVERY METHODS

MANAGEMENT OF THE INTERVENTION

Repairability Check

Upon arrival at the EQUADRO operational headquarters, each product authorised for return undergoes a preliminary check to verify its identifiability, integrity and repairability.
Products that meet any of the following conditions are excluded from repair:

• lack of unique identification of the EQUADRO production batch;
• evidence of previous repairs;
• obsolete or discontinued status;
• improperly soldered or assembled components;
• obvious tampering or signs of mechanical damage.

Possible Outcomes of Repair

Following the checks and activities carried out on the batch received, each Product will be classified according to one of the following outcomes:

• Repaired – Under Warranty
  The Product has been successfully repaired and falls within the warranty conditions. No cost will be charged to the Customer.
• Repaired – Out of Warranty
  The Product has been successfully repaired but does not fall within the warranty terms. The service will therefore be subject to invoicing according to the current price list (see Chapter 5).
• Replaced – Under Warranty
  If the repair is not technically or economically viable, and the Product is covered by warranty, EQUADRO may replace it with a new or equivalent Product. The replacement will not incur any charge to the Customer.
• Not Repairable
  The Product cannot be repaired or replaced and is not covered by the warranty. It will be returned to the Customer marked “Not Repairable” or disposed of by prior agreement.

Repair activities

Repair consists of restoring the functionality of the product to its original technical specifications, where technically possible and cost-effective.

Criteria for Replacement under Warranty

Free replacement will only take place if all of the following conditions are met:

• the product is identifiable and traceable to a previous EQUADRO supply,
• no more than 12 months have passed since the date of manufacture of the batch,
• there is no evidence of:
  • tampering,
  • improper installation or use,
  • physical damage,
  • exposure to unsuitable environments

Criteria for NON-Repairability

EQUADRO reserves the right to declare a product “unrepairable” in the following cases:

• technical impossibility of restoring its correct functioning;
• lack of components necessary for repair;
• repair not economically viable in relation to the residual value of the product;
• expected unreliability of the product after repair.

Analysis Activities

If the service requested is limited to technical analysis, this consists of a non-invasive inspection aimed at identifying the causes of the malfunction.
The product will not be opened or modified. The results of the analysis will be communicated to the Customer in a specific report.

Return Management and Return Shipment Authorisation

At the end of the repair or analysis activities, EQUADRO prepares a service report containing the following information for each item:

• the technical diagnosis or cause of the fault,
• the outcome of the analysis or repair,
• the final status (repaired, not repairable, replaced, etc.).

This report is sent to the Customer, together with a request for authorisation to ship the material.

The shipment includes the entire batch subject to the intervention.

The return shipment is at the Customer’s expense, who must indicate any specific logistics or transport requirements within 5 days of receiving the notification. In the absence of instructions, EQUADRO will proceed with the shipment by standard courier and according to established practice.

Return and Disposal

All products sent by the Customer for analysis or repair remain their property.

EQUADRO will then return all items received, whether they are:

• repaired,
• declared irreparable

Only at the express request of the Customer may EQUADRO dispose of irreparable products in accordance with current environmental regulations and internal procedures.

This service is offered by EQUADRO in a spirit of collaboration and should not be understood as a systematic disposal service or as authorisation to send batches of scrap or material with no technical value.

Each case will be assessed individually, in accordance with common sense and proper commercial relations.

SERVICE DELIVERY TIMES AND COSTS

Application of Costs

The costs for the analysis and repair service are applied exclusively in the following cases:

• Repair outside the warranty period: the Product has been successfully repaired but is not covered by the warranty (12 months from the date of manufacture, unless otherwise agreed).
• Technical analysis: if only the analysis is requested, regardless of the outcome.
• Batch containing only non-repairable out-of-warranty products: the fixed fee and any technical analysis will still be applied.

    No costs will be charged in the following cases:

• Repair or replacement under warranty, according to the terms defined in Chapter 4.
• Requests rejected by EQUADRO before shipment of the batch, or items excluded during the Return Authorisation phase.

Applied Rates

 * The list price is the price in force at the time of receipt of the batch by EQUADRO.

The fixed call-out fee is applied to each batch, regardless of the quantity of items contained and the outcome of the intervention.

Processing times

The processing times for batches under analysis or repair vary depending on the complexity of the intervention, the availability of components and EQUADRO’s production load.

In general, the average intervention times are between 30 and 45 working days from the date of receipt of the batch at EQUADRO, unless otherwise agreed.

These times are to be considered as non-binding estimates.

Invoice Issuance

The invoice for the amounts due will be issued at the end of the repair or analysis process and sent as an attachment to the technical report.

Payment must be made according to the methods and times indicated on the invoice.

FINAL PROVISIONS

Applicable law

These General Terms and Conditions of Sale are governed by Italian law. For anything not expressly provided for herein, the provisions of the Civil Code and applicable legislation shall apply.

Jurisdiction

Any dispute concerning the interpretation, execution or validity of these terms and conditions or the activities governed by them shall be settled exclusively by the Court of Padua (PD) – Italy, to the exclusion of any other concurrent or alternative court.