Warranty

This document contains all the warranty conditions applicable to Powersoft customers; some conditions only apply to the Non-Consumer Customer (natural person or legal entity who purchases the Product for purposes related to his/her business or profession) and others only apply to the Consumer Customer (natural person who has legal residence in the territory of the Italian Republic who purchases the Product for purposes unrelated to any business or professional activity, or purchases without indicating in the order form a reference to VAT). Unless otherwise indicated at the beginning of each paragraph, the following provisions shall be considered as general and therefore applicable to both categories of customers. The Powersoft product – meaning only the Powersoft branded equipment, new, regularly purchased directly from Powersoft S.p.A. (“Powersoft“) or from Powersoft authorized reseller network, against regular purchase invoice (“Product“) – is designed and manufactured to be free from material defects, manufacturing defects (“Defects“) and – only in favor of the Consumer Customer – from non-conformity defect according to articles 128 et seq. of the Italian Legislative Decree no. 206/2005 (“Non-Conformity Defect“). In all cases, the warranty period shall begin on the date of purchase of the Product from Powersoft or its authorized reseller, meaning the date on the purchase invoice. The warranty terms herein shall apply only to Products purchased directly from Powersoft or from Powersoft network of authorized resellers listed in the “Worldwide Distributors” (“Authorized Network“) section of Powersoft corporate website at www.powersoft.com (“Site“). In any event, Powersoft’s liability shall be limited to the repair or replacement, at its own discretion, of any defective Product and shall in no way exceed the price of sale of the Product. Powersoft reserves the right, based on discretionary choices of a technical nature, to repair or replace the defective Product with a Powersoft product of the same model or, if necessary, in the event that the latter should no longer be available, with one of a higher or equivalent level; should this not be possible for any reason or even only on the basis of choices of a commercial nature, Powersoft may refund partially or totally the customer of the purchase price of the Product and retain the Product.

1) Powersoft Warranty (applicable to Non-Consumer Customer)

With respect to the Non-Consumer Customer, Powersoft provides the commercial warranty (“Powersoft Warranty“) under the terms and conditions set forth below. Powersoft Warranty shall apply to Products which have Defects under conditions of use which are in accordance with user manuals and technical specifications and, depending on the category of Product purchased, has the duration (“Warranty Period“) specified below:

*: The duration of the Warranty Period of the touring and install amps purchased starting from February 22nd 2021 on the Authorized Network is extended to 60 months from the date of purchase upon registration of the products within 30 days from the same date of purchase through the “My Powersoft” portal on the Site. In the event of failure or untimely registration of these products, the Warranty Period has a duration of 48 months from the date of purchase.

The Powersoft Warranty shall become void if the Non-Consumer Customer reports the defect after the term of 8 days from the date of its discovery. The Non-Consumer Customer may have the Product repaired or replaced under the Powersoft Warranty only through Powersoft or its authorized service center, located in certain countries around the world and

identifiable in the “Authorized Service Centers” section of the Site (“Powersoft Authorized Service Center“). In the event of service requests in countries other than those mentioned above, the Non-Consumer Customer will be required to ship the Product to the nearest Powersoft Authorized Service Center at his/her own expense. In order to request services under the Powersoft Warranty and obtain a Return Merchandise Authorization (“RMA“) code, the Non-Consumer Customer must contact Powersoft through the “My Powersoft” portal on the Site. Once the RMA has been obtained, Non-Consumer Customer must carefully pack the Product together with a copy of the purchase invoice/receipt and a printout of the RMA to be placed inside the packaging. Powersoft Authorized Service Center has the right to refuse any Product returned without the RMA number duly affixed to the outer package. The Non-Consumer Customer shall bear all costs and responsibility for the delivery / transportation of the Product to the Powersoft Authorized Service Center; while Powersoft shall bear all transportation costs for the return of the repaired or replaced Product to the Non-Consumer Customer. In case of sale of the Product within 12 months from the date of first purchase, the Powersoft Warranty may also be transferred together with the Product, provided that, in this case, as a partial amendment to the Warranty Period originally provided in the table above (12, 24,48 or 60 months), the Product transferee may benefit from the Powersoft Warranty only for the period that remains until the expiration of 12 months from the date of the first purchase of the Product (the date of the invoice of purchase of the Product from Powersoft shall apply). Therefore, the Powersoft Warranty cannot in any way be transferred together with the Product if the transfer of the Product occurs at a date later than 12 months from the first purchase.

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;
(ii) defects, bugs or other errors in firmware and/or software supplied with a Product. To the extent permitted by law, Powersoft provides the firmware and/or software “as is”. For any defects, bugs, or other errors and for the terms of use of firmware and/or software, the Non-Consumer Customer is required to refer to the license agreement for the firmware and/or software;
(iii) defects reported after the expiration of 8 days from the date of their discovery.

2) Legal warranty of conformity (applicable to Consumer Customer)

The Product purchased by the Consumer Customer is covered by the legal warranty for the Non-Conformity Defect, pursuant to sections 128-135 of the Italian Legislative Decree no. 206/2005. In case of Non-Conformity Defect, the Consumer Customer has the right to restore, free of charge, the conformity of the goods by repair or replacement, or an appropriate reduction in price or termination of the contract, according to the provisions of section. 130 of the Italian Legislative Decree no. 206/2005. Within two months from the discovery of the defect and, in any case, within a maximum period of 26 months from receipt of the Product, the Consumer Client shall send a complaint requesting the elimination of the Non-Conformity Defect using the “Support” section of the Site or by writing to the e-mail address service@powersoft.com.

Powersoft customer service will contact the Consumer Customer to communicate the procedures and the return number, to be indicated on a copy of the form, provided in advance, to be sent with the Product. If, following intervention by an Authorized Powersoft Service Center, it is found that the reported defect does not constitute a Non-Conformity Defect, the Consumer Customer will be charged for the costs of verification and restoration requ

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:

(i) consumable parts, such as batteries or protective coverings, that are subject to deterioration over time, unless there is a defect in materials or workmanship;
(ii) aesthetic damage, including, but not limited to, scratches, dents, and doors with broken plastic parts, unless there is a defect in materials or workmanship;
(iii) damage caused by use with components, devices or products of other companies that do not conform to the official specifications of the Product, available on the Site in the technical specifications section;
(iv) accidental damage or damage resulting from improper or incorrect use of the Product, fire, contact with liquids, earthquake or other external causes;
(v) 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 the Site;
(vi) 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;
(vii) damages arising from assistance intervention not performed by Powersoft, its authorized resellers or Powersoft Authorized Service Centers;
(viii) defects caused by normal deterioration or otherwise due to the normal obsolescence of the Product;
(ix) Product whose serial number and/or tamper-proof seal has been damaged, removed or rendered illegible or otherwise unidentifiable;
(x) Product subject to theft according to what is notified to Powersoft by the appropriate authorities;

(xi) improper connections, exposure to adverse weather conditions, mechanical damage, including shipping accidents, and normal wear and tear;
(xii) negligence, carelessness in the use and maintenance of the Product, connection of the Product to non-standard electrical or other installations;
(xiii) 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.

4) 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.