COVERAGE. ENOLGAS USA, Inc (“ENOLGAS USA”) warrants that each ENOLGAS USA product purchased from an authorized ENOLGAS USA dealer, when properly used and maintained, will be free from defects in material and workmanship for a period of twelve (12) months from the date of delivery to the first retail owner (the "Owner”). The ENOLGAS USA twelve (12) month warranty is referred to herein as “the limited warranty.” The Owner’s sole and exclusive remedy under this limited warranty for defects in an ENOLGAS USA product shall be the repair or replacement, in ENOLGAS USA’s sole discretion, of the defective part or component.
NOT COVERED. This limited warranty does not apply to, and ENOLGAS USA shall have no liability or responsibility in respect of, damages or expenses relating to:
- a product purchased from any party other than an authorized ENOLGAS USA dealer;
- a product, including components and systems, that has been altered, changed or modified from factory
- the cost to remove, disassemble or reinstall the product;
- accidents, misuse, abuse, abnormal use, improper use, negligent use, wilful misconduct, lack of reasonable or proper maintenance or storage, repairs improperly performed or replacement parts or accessories not conforming to ENOLGAS USA’ specifications, use exceeding the recommended and permitted limits of the product, and/or normal wear or deterioration occasioned by the use of the product;
- any representation or implication relating to estimated performance characteristics;
- any defect or non-conformity that has not been timely and promptly communicated in writing to ENOLGAS USA or to the Dealer who sold the product, and in all cases, no more than ten (10) days from the discovery thereof.
- events beyond the reasonable control of ENOLGAS USA, including but not limited to any damage, cost or expense caused by Act of God; or
- loss of time, loss of use, inconvenience, travel expense, costs related to procuring any substitute product,
transportation costs, any incidental or consequential damages arising out of the non-use or unavailability of the product, or compensation for inconvenience or loss of use while the product is being repaired or otherwise not available, or other matters not specifically covered hereunder.
DAMAGES. Except as expressly provided by this Limited Warranty, ENOLGAS USA SHALL NOT BE
RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE USE OF THE ENOLGAS USA PRODUCT OR A CLAIM UNDER THIS AGREEMENT, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE. The foregoing statements of warranty are exclusive and lieu of all other remedies. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.
DISCLAIMER. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF
TRADE, BY STATUTE OR OTHERWISE, IS HEREBY STRICTLY LIMITED TO THE TERM OF THIS
WRITTEN WARRANTY. This Agreement shall be the sole and exclusive remedy available to the Owner with respect to this product. In the event of any alleged breach of any warranty or any legal action brought by the purchaser based on alleged negligence or other tortuous conduct by ENOLGAS USA, the Owners sole and exclusive remedy will be repair or replacement of defective materials as stated above. No dealer and no other agent or employee of ENOLGAS USA is authorized to modify, extend or enlarge this warranty.
APPLICABLE LAW. Any and all claims or disputes of whatever nature arising out of or otherwise relating to this warranty shall be governed by and construed in accordance with the laws of the Republic of Italy only, and the parties expressly acknowledge and irrevocably agree that the sole and exclusive venue for and jurisdiction over any such claim or dispute shall be the courts of Brescia, Italy to the exclusion of the jurisdiction of the courts of any other place.
All terms of this limited warranty are contractual, and not mere recitals, and constitute material terms of this limited warranty.
OTHER RIGHTS. Your acceptance of delivery of the warranted ENOLGAS USA product constitutes your
acceptance of the terms of this limited warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
ENTIRE AGREEMENT. This limited warranty expressly replaces and supersedes all representations set forth by ENOLGAS USA with regard to the product, including but not limited to ENOLGAS USA’ product literature, marketing materials, advertisements and technical specifications. This document contains the entire warranty given by ENOLGAS USA in respect of your ENOLGAS USA product and there are no terms, promises, conditions or warranties regarding your ENOLGAS USA product other than those contained herein. ENOLGAS USA specifically does not authorize any person to extend the time or scope of this warranty or to create or assume for ENOLGAS USA any other obligation or liability with respect to ENOLGAS USA products.