4.1. SCOPE OF APPLICATION.
Necto Group S.r.L., hereby grants exclusively the following guarantee, for the products and the periods specified therein
- All strip led products with nominal power < 15W/mt. and dimmer/converter under SELV (<56V DC)
- 5 Years (at a maximum burning time of 4,000 hours per year)
- 5 Years (at a maximum burning time of 4,000 hours per year and a maximum of 10 switching cycles per day)
- All strip led products with nominal power> 15 W / mt and dimmer/rele higer selv (>56V DC)
- 3 Years (at a maximum burning time of 4,000 hours per year and a maximum of 10 switching cycles per day)
4.1.2. Guarantee beneficiaries are exclusively entrepreneurs within the meaning of art. 2082 of the Italian Civil Code who have purchased a guarantee product after february 1st 2020 and during the effective period of these Guarantee Conditions within Countries of the European Union (“Guarantee Territory”) provided that the purchase was made for commercial purposes or purposes of self-employed occupational activity (e.g. commercial use, commercial resale or commercial installation at third parties).
One guarantee case regarding the same guarantee product can only be asserted once by one guarantee beneficiary in the sales chain.
4.2. SUBJECT OF THE GUARANTEE.
4.2.1. Necto Group S.r.L. guarantees, in accordance with the provisions of these guarantee conditions, that the respective guarantee product is free from manufacturing and material defects.
4.2.2. The guarantee shall exclusively apply to the original guarantee product delivered in its packaging and original accessories included in the original packaging (if any). The guarantee does not include used products and any included batteries or accumulators.
4.2.3. A guarantee claim shall only be valid if the guarantee product at all times has been operated within the permissible specifications according to the product data sheet and has been installed, put into operation and utilized in accordance with the installation and operating instructions.
4.2.4. The guarantee period commences on the date of purchase by the guarantee beneficiary.
4.3. EXCLUSIONS OF THE GUARANTEE CLAIM.
Guarantee claims shall especially, without limitation, be excluded in the following cases:
a) merely negligible and insignificant damage or defects of the guarantee product;
b) expiration of the usual lifetime of the guarantee product and/or product-related usual reduction in luminous flux of the guarantee product within manufacturer specifications;
c) product-related usual changes in light color of the guarantee product;
d) natural wear and tear of the guarantee product;
e) improper or unsuitable use of the guarantee product, damage or defects caused by the guarantee beneficiary or by a third party;
f) operation of the guarantee product in inadmissible or inappropriate operating environments (e.g. excessive humidity, heat, cold or dust or corrosive environments, exceeding of permissible temperature limits, switching cycle sorvoltage values or due to deficient supply network quality);
g) insofar as the guarantee product has been modified, repaired or used in combination with products or software without Necto’s prior express written consent;
h) unforeseeable events of force majeure outside of the sphere of influence of Necto Group for which Necto Group is not responsible.
4.4. GUARANTEE BENEFIT.
4.4.1. The guarantee benefit shall be granted to the guarantee beneficiary to the extent that
a) a manufacturing or material defect has occurred within the guarantee period and the other claim prerequisites are fulfilled,
b) there are no grounds for exclusion as per art. 3 and
c) the guarantee beneficiary has duly asserted the guarantee claim.
To assert a guarantee claim, the guarantee beneficiary must submit the following to Necto before expiration of the guarantee period:
(i) complaint containing at least the following information:
– Company name / first name, last name and postal address of the guarantee beneficiary;
– product details of the guarantee product (product name, product number / product identity code (IC), purchased quantity, claimed quantity);
– reason for complaint;
(ii) a copy of the original invoice for the guarantee product.
The processing of the guarantee claim and the granting of the guarantee benefit will be carried out by Necto.
Submission must be in writing by registered letter with acknowledgment of receipt to Necto. Submission by e-mail, Internet, telephone or fax is not possible.
4.4.2. In each guarantee case, Necto Group – Iot Light reserves the right to demand the return of the defective guarantee product. In this case, the defective guarantee product must be returned in full, sufficiently stamped and in break-proof packaging by post.
4.4.3. The guarantee benefit consists exclusively in the provision of a replacement product free of charge.
4.4.4. In case of replacement delivery, Necto reserves the right to provide a different equivalent replacement product of the same kind the features, specifications and design of which may differ from the guarantee product. The replacement product will exclusively be shipped within the Guarantee Territory.
4.4.5. Not included in the guarantee claim and the guarantee benefit are in particular, without limitation, the following:
a) repair of the guarantee product;
b) reimbursement of the costs of returning the defective guarantee product;
c) reimbursement of installation, dismantling, transport, labor, planning, project management or material costs or costs of fault tracing;
d) other claims for damages or reimbursement of expenses (e.g. for transport or consequential damages or lost profit).
4.4.6. Necto reserves the right to examine the validity of the guarantee claim in each guarantee case.
4.4.7. Unless there are technical problems of special difficulty, the guarantee beneficiary will usually receive the guarantee benefit within one month after the guarantee claim has been duly asserted.
4.4.8. The granting of the guarantee benefit does not extend or renew the original guarantee period.
4.5. APPLICABLE LAW, PLACE OF JURISDICTION
5.5.1. These Guarantee Conditions shall exclusively be governed by the Italian law under exclusion of the UN sales law (CISG) and the provisions of international private law.
5.5.2. The exclusive place of jurisdiction for any and all disputes arising from or in connection with these Guarantee Conditions shall be Padova, Italy.
4.6. CHANGING OF THE GUARANTEE CONDITIONS.
Necto Group reserves the right to change or amend these Guarantee Conditions, at any time in its sole discretion with effect for the future.