confirming that the products have been received or, as alternative, the Purchaser shall return the Seller a copy of the usual document of transport (e.g. DDT,CMR) duly signed and sealed with the name of the person who has received the goods.In any case it is agreed that the Purchaser shall collaborate with good faith with the Seller in order to provide him with all the documents, within his sphere of control, proving carriage of the Products outside the Italian territory, according to both EU Regulation 2018/1912 and Italian Tax Law. Lacking this, the amount of the Italian Vat and related fines and sanctions imposed by the Italian Authorities will be charged on the price of sale of the products. 7. Warranty - Liability for defective products- Product liability claims 7.1 The Seller undertakes to remedy any non-conformity (defect) of the products for which it is liable, occurring within one-year (1) year starting from delivery date, provided it has been notified timely about such defect in compliance with art.7.6 hereunder; lacking this the Purchaser ‘s rights set forth under the present warranty will be forfeited. 7.2. In such case the Seller will replace the products (or parts of the products) which result to be defective. Alternatively to such replacement, the Seller shall be entitled, at its absolute discretion, to refund the price of the defective products in the event that such price shall already have been paid by the Purchaser to the Seller or, if such price has not been so paid, to relieve the Purchaser of all obligation to pay the same by the issue a credit note in favour of the Purchaser in the amount of such price or to repair the defective product. This warranty (i.e. the obligation to replace the defective products or to refund their price or to repair them) replaces any other legal guarantee or liability provided by law. It is consequently agreed that, except in case of fraud or gross negligence of the Seller, any other Seller's liability (both contractual or extracontractual) which may arise from the products supplied and/or their resale (e.g. compensation of damages, loss of profit, etc.) is expressly excluded. 7.3 This warranty does not cover the defects of the products caused or depending on wrong or improper installation or modification of the products made by the Purchaser without the Seller’s written authorization. 7.4 The installation of the Products shall be made by the Purchaser, under its full responsibility, and the Purchaser shall hold the Seller harmless from all liabilities and damages that may arise from the incorrect or improper installation of the Products. 7.5 The Purchaser shall bear all responsibility in case it uses or sells products from third parties; if the Purchaser does not comply with this obligation its rights under the present warranty will be forfeited. 7.6 Any complaints concerning the conditions of packing, quantity or outward features of the products (apparent defects) must be notified to the Seller in writing within 8 days from receipt of the products. Any complaints relating to defects which cannot be discovered on the basis of a careful inspection upon receipt (hidden defects) must be notified to the Seller in writing within 8 days from discovery of the defect. The notice must indicate precisely the defect and the Products to which it refers. 7.7 With respect to possible consumer claims involving the application of domestic rules implementing the European directive 1999/44/CE of 25 May 1999 and subsequent amendments on certain aspects of the sale of consumer goods and associated guarantees, the Purchaser accepts to bear the exclusive responsibility for any obligation arising within such context. Consequently the parties expressly agree to exclude any right of redress by the Purchaser against the Seller and the Purchaser undertakes to hold the Seller harmless against any such action of redress made by subsequent sellers of the distribution chain. 8.Product liability claims 8.1The Purchaser agrees to indemnify and hold harmless the Seller against any product liability claim made with respect to the Products and undertakes to insure adequately against such risks through an insurance policy providing upon Seller’s request a copy of such insurance to the Seller.
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