GENERAL SALES CONDITION
All parts and products sold are warranted by Elesa S.p.A. (“Elesa”) only against defects in workmainship or materials under normal and intended use for six (6) months after date of purchase and only to purchasers for resale or for use in business or original equipment manufacture. Any part or product which is returned, at the purchaser’s expense, and determined by Elesa to be defective in material or workmanship will be, as the purchaser’s exclusive remedy, repaired or replaced or, at Elesa’s option, the purchase price may be refunded. Purchasers shall not be required to return a defective part or product to Elesa if: (1) the part or product was destroyed as a result of its defect or any defect in any part covered by this warranty, and (2) Elesa is reasonably satisfied that the part was defective at the time of sale. If both of these conditions are met, Elesa shall replace the part or product in the same manner provided herein as if the buyer had returned it to Elesa.
No warranty to consumers
Elesa makes no warranties to those defined as “Consumers” in the Magnuson-Moss warranty act. “Consumers”, see Manufacturer’s Warranties aside.
Limitation of liability
Elesa expressly disclaims any liability for consequential or incidental damages, for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss. Elesa’s liability is limited to, and shall not exceed, the purchase price.
Although Elesa tries hard to illustrate and describe its catalogue products accurately, such illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty that the parts and products are merchantable or fit for a particular purpose or that the part(s) or product(s) will necessarily conform to the illustrations or descriptions.
The limited warranty statement made above is the sole express warranty given by Elesa and is in lieu of all other express warranties, whether oral or written, and any implied warranty, including without limitation, warranties of merchantability or fitness for a particular purpose, all to the extent permitted by applicable federal and state law.
Elesa does not warrant or represent that parts and products sold comply with any law including, but not limited to, the federal occupation safety and health act, the walsh-healey public contracts act, or regulations promulgated thereunder.
Many of the parts and products displayed in this catalogue are warranted to “Consumers” by their manufacturer. Copies of such manufacturer’s warranties are often supplied with the part or product or are available from the manufacturer. Elesa, however, assumes no liability for the content of such manufacturer’s warr anties or literature.
No terms, conditions, or warranties other than those stated here, and no agreement or understanding, oral or written, in any way purported to modify these terms and conditions whether contained in purchaser’s purchase order or elsewhere, shall be binding on Elesa unless made in writing and signed by an officer of Elesa.
DECLARATION OF CONFORMITY
“We hereby certify under our sole responsibility that all products supplied by Elesa have been inspected and tested in accordance with the procedures of the Quality System (as per the ISO 9001 Quality Assurance Standard) and the conditions and requirements of the confirmation of order, conform in all respects on the specification(s) contained in this catalogue, relevant thereto”. Condition of materials as despatched.