TERMS AND CONDITIONS
This warranty covers the product for a period of five (5) years from the date of purchase (OMP S.r.l. invoice date).
Upholstery materials and moving parts (e.g. but not limited to: gas lifts, moving parts and mechanisms ) are subject to normal wear and tear and are covered for manufacturing defects for a period of two (2) years.
Products identified by OMP S.r.l. as outdoor products in its catalogues, price lists, technical data sheets, or other official commercial documentation shall be warranted against manufacturing defects for a period of two (2) years from the date of purchase (being the date of the invoice issued by OMP S.r.l.). Such two-year warranty shall apply to the product as a whole and to all of its components.
This warranty constitutes the sole commercial warranty provided by OMP S.r.l. and replaces any other warranties, whether express or implied, to the extent permitted by applicable law.
The warranty is limited, at OMP S.r.l. ’s discretion, to the repair, replacement or refund of the purchase price of defective OMP S.r.l. components or materials of the product resulting from defects in materials or workmanship existing at the time of purchase, to the extent permitted by applicable law.
Any repaired or replaced product, OMP S.r.l. component or part shall remain covered only for the unexpired portion of the original warranty period applicable to the product initially purchased. Repair, replacement or refund under this warranty shall not extend or renew the original warranty period.
Defects shall mean manufacturing or material defects that materially and objectively impair the functionality of the product. Aesthetic variations, differences in appearance, natural imperfections inherent to materials, as well as normal dimensional and manufacturing tolerances that do not affect the performance of the product, shall not be considered defects, including, by way of example, differences in colour, tone, grain, texture, wood knots, natural leather markings, batch-to-batch variations and differences between samples, images, photographic reproductions and finished products.
The product is suitable for residential and contract applications under normal and moderate use conditions (e.g. offices, restaurants, hospitality environments), in accordance with the manufacturer’s specifications. Continuous intensive use, heavy-duty applications, extreme high-traffic environments, or rental use are excluded unless expressly agreed in writing.
This warranty applies under normal use conditions and in accordance with the instructions and maintenance guidelines provided by OMP S.r.l.
If the purchaser qualifies as a consumer under applicable law, mandatory consumer protection provisions shall apply.
CONDITIONS FOR VALIDITY
This warranty shall apply only provided that:
- the product has been used in accordance with its intended use;
- the product has been properly installed, assembled and handled by qualified personnel;
- the product has been stored, maintained and preserved in accordance with the instructions
- and maintenance guidelines provided by OMP S.r.l.
- the product has been fully paid for.
EXCLUSIONS
This warranty does not apply to:
- natural variations in materials, including differences in colour, tone, grain, texture, wood knots, natural leather markings, batch-to-batch variations and differences between samples, images, photographic reproductions and finished products;
- changes in surface finishes due to aging or exposure to sunlight;
- normal wear and tear;
- damage caused by improper use, negligence, misuse or improper maintenance;
- damage caused during transport, storage or handling;
- damage resulting from inappropriate cleaning or exposure to extreme environmental conditions;
- performance issues arising from the use of non-original OMP S.r.l. components;
- products upholstered with customer-owned materials (COM). The quality of such upholstery is not warranted;
- products that have been modified, altered or tampered with by third parties without prior written authorization from OMP S.r.l.;
- damage caused by sharp objects or inappropriate use of the product.
LIMITATION OF LIABILITY
OMP S.R.L. shall not be liable for any indirect, incidental or consequential damages, including, without limitation, loss of time, inconvenience or commercial loss, to the extent permitted by applicable law.
CLAIM PROCEDURE
Any claim must be notified in writing within a reasonable period from discovery of the defect and, in any case, no later than fifteen (15) days from such discovery.
The purchaser shall provide:
- proof of purchase (invoice);
- detailed description of the defect;
- photographic evidence of the defective product.
Failure to submit a claim within the above time frame or without the required documentation may result in the loss of warranty rights.
RETURNS AND LOGISTICS
Returns shall not be accepted without prior written authorization by OMP S.r.l.
Authorized returns must:
- be properly packaged, preferably in the original packaging;
- be delivered in a condition suitable for inspection.
OMP S.r.l. reserves the right to refuse unauthorized returns or products damaged due to an inadequate packaging. OMP S.r.l. will make reasonable efforts to support the customer in the return procedure once authorization has been granted.
Where a defect is confirmed, OMP S.r.l. may, at its discretion:
- repair or replace the defective product;
- or refund the purchase price of the defective product.
In case of repair or replacement, should the returned product, following OMP S.r.l. ‘s technical inspection, be determined to be defective and such defect be covered under the applicable warranty, OMP S.r.l. shall bear the transportation costs for the shipment of the replacement product to the Purchaser’s principal warehouse. No further costs, expenses or damages (including transport, installation or handling costs) shall be reimbursed.
GOVERNING LAW AND JURISDICTION
This warranty shall be governed by and construed in accordance with the laws of Italy. Subject to any applicable mandatory provisions of law, any dispute arising out of or in connection with this warranty, including any question regarding its interpretation, performance, validity, enforceability or termination, shall be submitted to the exclusive jurisdiction of the Court of Treviso, Italy.
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