MESURA | Cavagna Group's brand
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General Warranty Conditions

Warranty Terms and Conditions - Mesura Metering
  1. FOREWORD

 Mesura Metering S.r.l. guarantees that all products covered by the warranty conform to the reference specifications under normal use and service.
All products manufactured by Mesura Metering S.r.l. are made using selected high quality and technologically advanced materials.
Every single component used to manufacture the meters undergoes stringent acceptance checks upon arrival at the company.
Mesura Metering S.r.l. guarantees high standards of workmanship and a high degree of precision in the assembly and inspection processes of the gauges right through to the finished product.
All meters are calibrated and undergo final testing prior to product release.

  1. WARRANTY PERIOD

The present warranty is provided by Mesura Metering S.r.l. (“M.M.”) in favour of its direct customer (“Buyer”) limited only to defects in materials or workmanship: this will entail the repair or replacement of the product or the defective parts, without the possibility of issuing a credit note or price reduction.
Each product purchased directly from M.M. shall be guaranteed to be free from defects in material and workmanship for a period of 12 (twelve) months from the date of installation or 18 (eighteen) months from the date of shipment.

  1. EXCLUSIONS

This guarantee shall not apply, and M.M. shall have no liability in respect of damages or expenses incurred for defects, malfunctions or lack of performance, caused by or arising from:

  1. storage conditions by the Buyer that are outside the temperature and humidity parameters specified by EN14236 and Directive 2014/32/EU (MID)
  2. use of the product for destinations, applications, capacities that have not been expressly indicated by M.M;
  3. damage to the product resulting from faulty installation, maintenance and/or improper use of the product;
  4. damage resulting from modifications or repair of the product by third parties not authorized by M.M;
  5. failure on the part of the Buyer to inform his final customer (“Customer”) of the specifications, use and necessary warnings (included in the instruction manuals), as well as instructions for the proper use of the product;
  6. tampering or unauthorized intervention that impairs the proper functioning of the product (e.g. tampering with the metrological seal(s), etc.);
  7. cosmetic defects such as, for example, scratches, dents, discoloration or loss of color due to handling or installation in a place not suitable for the measuring device;
  8. use by the Buyer of spare parts other than those supplied by M.M., such as, but not limited to: non-original replaceable battery;
  9. exposure of the product to corrosive or abrasive fluids or substances or other misuse, neglect or accident;
  10. Use of gases with a high impurity content or unsuitable for use that impair the meter’s functionality;
  11. Product lacking traceability due to total or partial deletion of the serial identification number;
  12. Failure to replace the replaceable battery in cases of abnormal operation of the device or incorrect replacement of the replaceable battery.
  13. Changes of the configuration with respect to the factory-set configuration, with the exception of the configuration parameters, for the purposes of interchangeability and interoperability with other data management platforms
  14. Installation in the absence of a field or in closed enclosures with transmission signal shielding (Ref. standard UNI 9036:2015).
  15. Wear or deterioration of those parts, which, by their very nature, are subject to rapid and continuous wear or tear (e.g.: gaskets, coating material, etc.).

 

  1. OPERATING PROCEDURES FOR ACCESSING THE WARRANTY

4.1 In order to obtain the application of this guarantee, the Buyer must report any defects or lack of conformity of the products, in accordance with the following methods and timeframes (it being understood that failure to report a defect or delay in doing so shall render the guarantee null and void)

  1. Sending a complaint by registered letter (or certified mail PEC) addressed to M.M. within eight (8) working days from the date on which it became aware or should have become aware of the alleged defect and, in any event, within the applicable warranty period.
  2. The complaint shall include:
  • clear description of the defect, with supporting pictures;
  • explanation of the circumstances under which the defect occurred;
  • serial number of the meter(s)
  • date and reference number of the purchase invoice, as well as the number of the delivery documentation (DDT).

For all claims found to be justified, M.M. shall, within a reasonable period of time, either: (a) repair the product or its component part; or (b) provide the Buyer with an equivalent replacement product or spare part of the same type, kind and/or quality as the one found to be defective.

4.2 Each repair will be performed directly by M.M or an authorized third party. The Buyer is responsible for all expenses arising out of and/or related to the placement of the product and for the removal, disassembly, re-installation and transport of the product(s) and/or the defective part(s)(a) to/r by Customer. Acceptance of a warranty claim does not constitute an admission that the product or any of its components is defective. M.M will not accept any warranty claims made by third parties to whom the Buyer has sold or installed the product.

  1. LIMITATIONS OF LIABILITY

5.1 Except as expressly provided for in this guarantee, M.M. shall not be liable for any direct, indirect, consequential, or any other damages (including lost profits) arising out of the use or non-use of the Product. This guarantee replaces the legal guarantees for defects and conformity and excludes any other possible liability of M.M. originated from the products supplied.

5.2 With regard to the characteristics and specifications of the Product, M.M complies with the provisions of the legislation and technical regulations in force in Italy, as well as with the European Directives, unless otherwise indicated by M.M.
M.M. does not guarantee any conformity of the products with respect to the legislation and regulations (including, but not limited to, safety legislation) in force in the Buyer’s country which is based in a country that is not part of the European Union. The Buyer assumes the risk of possible discrepancies between Italian law and European Directives and the laws of the country of destination of the Product as regards its use or installation, indemnifying M.M. from any detrimental consequence that may derive from this.

  1. SALE OF PRODUCTS

6.1 The guarantee request can be submitted to M.M. exclusively by the Buyer.
6.2 In any case, the validity of this guarantee is subject to compliance with all contractual obligations by the Buyer according to the provisions of the purchase contract and, in particular, the obligations relating to payment, in the absence of which this guarantee will not be effective.

  1. METHOD OF RETURN UNDER WARRANTY

7.1 Each item must be returned if not installed, in the original intact packaging or even if already installed, in another type of appropriate and unambiguous packaging that guarantees adequate protection of the product and accompanied by any accessories present at the time of sale. The shipping address to refer to for the return is:

MESURA METERING S.R.L – VIA GAVARDINA 10H – 25081 BEDIZZOLE (BS)
7.2 Returns under warranty must be previously authorized by M.M. via pre-filled RMA form. They will be collected by M. which will schedule the collection directly from the  Buyer. If the goods returned under warranty prove to be functional following the technical analysis, the replacement will not be recognized and the cost of collecting the goods incurred and the subsequent cost of returning the goods to the buyer will also be charged

7.3 The material returned with the RMA form will be analyzed and the relative analysis report will be issued by the Technical Department of M.M. in the estimated time of 15 working days. If after the analysis performed the reasons for the return are proven and there are no elements of guarantee exclusion (as in point 3), M.M. will proceed to replace the returned item with a new one, with the sole exception of out-of-warranty goods or for the resulting material that is functional upon inspection.

M.M., in agreement with the Buyer, will be able, where possible, to repair/recondition the returned product by carrying out a 100% functional final test.

Note: the goods must be sent to M.M. within a maximum of 60 days. from the authorization to the shipment by issuing the RMA #.

  1. APPLICABLE LAW AND DISPUTES

8.1 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 Italy.

8.2 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 having jurisdiction over the area where the Warrantor is located.