1. The whole characteristics of each chain and components produced by Sircatene are indicated in catalogue, drawing, norms, specifications and descriptive documents, referring to the products and indicated in purchasing order as an integral part of the Contract.
2. Particular specifics in the order are separately paid as "engineering costs". Customer is always responsible for the technical parameters and final decision of the chain type.
3. According to the point 1 and 2 Sircatene's guarantee cover only defects resulting from the non conformity of the products from applicable technical documents such as dimension defects, materials, heat treatment and workmanship.
Particular guarantee does not cover every type of defect, arising from:
- Faulty or no maintenance
- Overloading and/or safety factor less than 6
- Modifications, alterations and repairs not made by Sircatene
- Wear and deterioration not caused by the non conformity in material or heat treatment as specified in order and/or relative technical documents.
- Use in corrosive atmospheres or out of the temperature range of -30°C/+200°C. If product not expressly requested in purchase order for these purposes.
Guarantee does not cover defects arising from materials or products or components supplied by the purchaser.
For the standard components and products which are not produced by Sircatene (hardware, bearings etc.), is guarantee limited by the conditions guarantee, which Sircatene has from the supplier of the above products.
For the products which are produced according of the customer drawing, the warranty does not cover defects caused by specific or unknown use, which is not indicated in order or drawing and was done by self decision of the costumer
4. Guarantee covers only substitution, modification or repair of the products recognised as "defective parts” and not to the complete supply and according to the claim procedure point 7. Relative transport costs of modified, repaired or replaced parts supplied from Sircatene factory to the main costumer store is paid by customer.
The products supplied as substitution or repaired or modified under the guarantee conditions have the same guarantee period as the new part, but that do not modify the original guarantee period of the main product, in which they are present as components.
5. Responsibility for SIRCATENE warranty is limited to defects within 12 months from the date of delivery, unless specified in the order. If the complaint is relates to the functions that were checked by the Customer and the " not hidden defects" were installed and the use of the goods is considered as a full acceptance of this non-compliance. The complaint will not be accepted on the products which were used or installed, even if it occurs within 12 months of the warranty period.
SIRCATENE takes the responsibility for the defects in the event that the Customer has complied with all obligations arising from the general principles SIRCATENE
6. Sircatene does not have in no case liability for loss of use, loss of profit and other special, direct and indirect costs, losses or damages consequential to the defect.
7. CLAIM PROCEDURE
7.1 The customer shall notify Sircatene immediately in writing without any delay of any defect that have appeared or has been communicated by the final customer, with prepared technical description and comments. If possible always on the basis of direct inspection of the defective product made by the customer employees.
7.2 Unless is really impossible or not useful, customer shall return the sample of the defective part into Sircatene's workshop with the claim documents indicated in point 7.1
Under no circumstances must not be sent back complete product (assembled chain) without prior approval of Sircatene
Customer assume all risks and the additional expenses for returned goods without prior agreement
7.3 Sircatene's liability is the examination of the claim's documents and/or claimed parts in the minimum technical time in order to decide if claimed product will be:
- Returned to Sircatene's for complete examination and if is possible restored in conformity by substitution, modification or repair.
- Restored after direct costumer approval
- Rejected locally and substituted with a new product.
7.4 Where some repairs are required to be affected locally on the site or in order to decide as solution "b" point 7.3 the costs for the repairs and the repair procedure must be with the Sircatene approval.
7.5 If after the examination of the sample of the defective part or of the claim documents the guarantee claim prove to be justified, Sircatene's liability is to decide one of the solution indicated in point 7.3 at his own charge according to point 4.
7.6 If the customer has decided to order a new product for replacement before the results of the claims examination by Sircatene the following procedure will be apply
7.6.1 If decision will be "locally rejection" (c) then Sircatene will supply new product for replacement, with no cost including and costs for the transport will be according to the point 4
7.6.2 If the decision will be to " restoration in accordance with SIRCATENE (a) and the claim was accepted, SIRCATENE will repaired the product in the shortest possible technical time free of charge according to the point 4. In other case Sircatene will consider the claim as a new restoration order and customer will be charged for the repair and transport fees.
7.6.3 If decision will be "restoration in conformity by the customer" (b) and the claim is accepted, Sircatene will cover all additional costs, according to 7.4. If the complaint will be not considered as justified by SIRCATENE, all the costs will be paid by the customer.
7.6.4 In case of application of points 7.6.2 or 7.6.3 the order for new product or for replacement will be considered as separate order without any relation with the complaint.
7.7 The customer must provide all opportunity to SIRCATENE for evaluation of the complaint . Warranty conditions will be applied only in case, that the replacement parts are given by SIRCATENE.
7.8 The claim will be considered invalid and void after the expiration of 6 months from the first notification in accordance with point 7.1