The Factory Warranty shall become void if the Customer reports the defect after the term of 20 days from the date of its discovery.
The Customer may have the Product repaired or replaced under the Factory Warranty only through Powersoft or its After-Sales authorized service center, located in certain countries around the world and identifiable in the «After-Sales Authorized Service Centers» section of the Site («Powersoft After-Sales Authorized Service Center«).
In order to request repair under the Factory Warranty and obtain a Return Merchandise Authorization («RMA«) code, the Customer must contact Powersoft through the «My Powersoft» portal on the Site. Once the RMA has been obtained, Customer must carefully pack the Product using its original packaging together with a copy of the purchase invoice / receipt and a printout of the RMA to be placed inside the packaging. Powersoft After-Sales Authorized Service Center has the right to refuse any Product returned without the RMA number duly affixed to the outer package or with non original packaging. Additionally, the Products must be unmounted from any third-party application and boxed using the original packaging to preserve their integrity and to ensure the compliance with regulatory requirements. The After-Sales Service Center will receive all Defective Products already dismounted from their final assembly, if applicable.
The Customer shall bear all costs and responsibility for the delivery / transportation /tax and duties and temporary importation management, if applicable of the Product to the Powersoft After-Sales Authorized Service Center; while Powersoft shall bear all transportation costs for the return of the repaired or replaced Product to the Customer.
The Powersoft Warranty does not apply to – and does not cover – malfunctions or failures caused by:
(i) accessory devices or hardware products, which are not manufactured by Powersoft, even if supplied with the Product, such as, but not limited to: power or connecting cables, connectors, adapters, supports, converters, non-Powersoft branded devices;
(iii) defects reported after the expiration of 20 days from the date of their discovery.
1) Exclusions and limitations
The warranties described in 1) «Powersoft Warranty» and 2) «Legal warranty of conformity» do not apply to – and do not cover – malfunctions or failures due to:
- Consumable parts, such as but not limited to batteries or protective coverings, that are subject to deterioration over time, unless there is a defect in materials or workmanship;
- Aesthetic damage, including, but not limited to, scratches, dents, and doors with broken plastic parts, unless there is a defect in materials or workmanship;
- Damage caused by use with components, Products or products of other companies that do not conform to the official specifications of the Product, available on Powersoft Web Site in the technical specifications section;
- Accessory devices or hardware products, which are not manufactured by Powersoft, even if supplied with the Product, such as, but not limited to: power or connecting cables, connectors, adapters, supports, converters, non-Powersoft branded devices;
- Defects or malfunctioning reported to Powersoft after the expiration of twenty (20) WD from the date on which the Buyer has been informed of the defect by the Buyer’s Client;
- Accidental damage or damage resulting from improper or incorrect use of the product, fire, contact with liquids, earthquake or other external causes;
- Damage deriving from the use of the product not in compliance with what is indicated in the user manuals, in the technical specifications and in other official guidelines concerning the individual product, to be intended exclusively as those published on Powersoft Web Site;
- Damage due to improper installation or improper connection (including damage due to overvoltage) or damage due to upgrades and expansions and attempts to modify firmware or software;
- Damages arising from assistance intervention not performed by Powersoft or usage of non genuine Service Parts;
- Defects caused by normal deterioration or otherwise due to the normal obsolescence of the product;
- Product whose serial number and/or tamper-proof seal has been damaged, removed or rendered illegible or otherwise unidentifiable;
- Product subject to theft according to what is notified to Powersoft by the appropriate authorities;
- Improper connections, exposure to adverse weather conditions, mechanical damage, including shipping accidents, and normal wear and tear;
- Negligence, carelessness in the use and maintenance of the product, connection of the product to non-standard electrical or other installations;
- Claims by customers/successors in title of the purchaser or other third-parties.
Powersoft does not guarantee that it can repair or replace the Product and that it can upgrade its firmware / software, without risk of loss of information / data / settings / setups stored in the Product. Therefore, in the performance of repair work and/or firmware/software upgrade of the Product, under no circumstances shall Powersoft be held liable for loss of data/settings and/or setups of the Product.
In the event that the Product has any Defects, Powersoft shall not be liable for any indirect, incidental or consequential damages arising out of such Defects, including but not limited to loss of revenue or profit, loss of opportunity, commercial loss of any kind, cost of replacement equipment, loss of or damage to data.
Replaced parts of the Product – or the entire Product itself in the event of a complete replacement – will not be returned to the customer and shall remain in Powersoft’s ownership.
2) Applicable law and jurisdiction
The warranties set forth herein shall be exclusively governed by Italian law, excluding the operation of conflict of law rules and in no way limiting consumer rights that cannot be waived or limited by agreement.
The application of the United Nations Convention on Contracts for the International Sale of Goods and any related local implementing legislation is expressly excluded.
Any disputes concerning these warranties, if the customer is a consumer, shall be resolved mandatorily by the judge with territorial jurisdiction of the place of residence or domicile of the Consumer Customer, if located in Italy. All other disputes shall be mandatorily resolved in the Court of Florence.
01 August 2022