EQUIPMENT WARRANTY COVERAGE ( incorporated by reference into APTM's « General Sales Conditions » of this website)
APTM's warranty obligations for the equipments are limited to the terms set forth below:
6854 Lugano-Stabio, Switzerland ("APTM") warrants that
all equipment purchased hereunder has been tested at APTM's
premises before shipping, according to APTM's
specifications and safety regulations and, under normal use and maintenance,
it shall be free from defects in material and workmanship for a period
of twelve (12) months
from its startup, not exceeding however fourteen (14) months from
the date of original
APTM's assembling premises
This warranty shall extend only to Buyer, as the original purchaser of such equipment. Buyer's sole remedy and APTM's sole obligation under this warranty is limited to repairing (without additional charge) or, at APTM's option, replacing or refunding the purchase price for any equipment returned to APTM's factory within the applicable warranty period, shipping and transportation costs prepaid, and which, upon inspection, is determined by APTM to be defective in materials and/or workmanship. Complete information as to service and maintenance should accompany any equipment returned for inspection. The provisions of this warranty shall not apply to (i) loss and damage to any equipment due to misuse, accident, abuse, neglect, normal wear and tear, or improper installation, maintenance or application, or (ii) wearparts, filter media or electric and/or electronic controls indicated by APTM, or (iii) equipment that has been modified, altered or repaired (other than by APTM or its authorized contractors) in any manner which, in the judgement of APTM, adversely affects the operation or reliability of such equipment. The warranty and remedy set forth in this section constitute the only warranty made by APTM with respect to any equipment and such warranty is in lieu of all other warranties, express or implied, as to any matter whatsoever, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose, which implied warranties are hereby disclaimed.
With respect to any equipment (or materials, parts or accessories included therein) manufactured or supplied by others (excluding APTM and its affiliates), APTM shall use its reasonable efforts to "pass-through" to Buyer the benefits of any applicable warranties, provided that Buyer shall pay all expenses in connection therewith.
If a defect arises and a valid claim is determined by APTM upon return of the defective equipment and within the Warranty Period, at its option, APTM will:
APTM warrants replacement products or parts provided under this warranty against defects in materials and workmanship from the date of the replacement or repair for ninety (90) days or for the remaining portion of the original product's warranty, whichever provides longer coverage. When a product or part is exchanged, any replacement item becomes Buyer's property and the replaced item becomes APTM's property. When a refund is given, Buyer's product becomes APTM's property.
Equipment Design Warranty: APTM warrants that all equipment purchased hereunder are:
Spare Parts Availability: APTM warrants for the availability of any or functionally similar component for a period of ten (10) years from the original delivery.
EXCLUSIONS AND LIMITATIONS
Equipment Warranty applies only to the equipment manufactured by or
for APTM that can be identified by APTM's plate with equipment trademark,
trade name, and APTM's logo affixed to it. This Equipment Warranty
does not apply to any non-APTM product, even if mounted, packaged
or sold with an APTM's equipment. Software distributed by APTM under
the APTM's brand name is not covered by this Equipment Warranty. Refer
to APTM's Software License Agreement for more information.
This Equipment Warranty does not apply:
MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET
FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES
AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. APTM
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. IF APTM CANNOT LAWFULLY DISCLAIM OR EXCLUDE
IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE
ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION
OF THE WARRANTY PERIOD.
This Equipment Warranty shall be governed by and construed in accordance to the laws of Switzerland, and each party hereby submits itself for the sole purpose and disputes or controversies arising hereunder to the jurisdiction of the court of Lugano, Tessin Canton, Switzerland.
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