Warranty terms and conditions

Should the DiCE purchased or leased by you (hereinafter referred to as the “Product”) require service under Warranty, we kindly ask that you contact the Customer Service of A.B. Energie S.p.A., hereinafter referred to as “ABEnergie”, at the toll-free number 800 94 400 (number available only if calling from a landline) or at tel. number 035 2819299 (calling from a mobile phone).

To avoid any inconvenience and/or hindrances, before you request service under warranty, we recommend that you carefully read the User Manual, the Instructions on how to install easyplay ® and these terms and conditions, following the guidelines contained therein and those provided by our Customer Service.

WARRANTY - SALE
Warranty for defects

This warranty (hereinafter the “Warranty”) covers the Product and its individual components supplied along with the Product at the time of purchase. To benefit of service under warranty, the Purchaser must contact the Customer Service of ABEnergie at the above-mentioned numbers.
The Warranty, as per art. 1495 of the Italian Civil Code, is understood as supplementary and not replacing any of the Consumer’s rights and, more specifically, does not infringe the “Legal conformity warranty” envisaged under art. 132 of Legislative Decree no. 206/2005 (so-called Consumer Code). The Warranty for conformity-related defects, lasting 24 (twenty-four) months from the date on which the Product is delivered, applies to consumers as identified and defined in the Consumer Code, or rather, “to natural persons who do not engage in business, marketing, craftsmanship or professional activities”. The Consumer must activate the Legal conformity warranty within 2 (two) months from the date on which he/she discovers the defect.
With this Warranty, ABEnergie protects the Purchaser from any Product “flaws”, which include any flaws and/or defects of the materials, machining quality and/or manufacture that make the Product unfit for its intended use and that considerably impair its overall value. The warranty lasts 12 (twelve) months from the date on which the Product is delivered (hereinafter also referred to as the “Warranty period”).
If during the Warranty Period, the Purchaser should find Product flaws and/or defects, ABEnergie, after having conducted the necessary inspections and after having verified the existence of valid grounds for the claim filed by the Purchaser, shall at its discretion proceed to repair or replace the Product or its individual components, according to the terms and conditions mentioned above, without charging the costs thereof to the Purchaser.
In any case, ABEnergie reserves the right to replace the Product (or its individual components) with other products/components of the same type and condition, including products/components that have been adjusted and/or overhauled. All the products and/or individual components replaced will become the property of ABEnergie.
It is understood that ABEnergie will proceed to replace the Product instead of repairing it, only if its repair proves objectively impossible or overly expensive.
The Warranty related to the Product and its individual components repaired or replaced will extend only for the original Warranty Period on the repaired or replaced Product. Any repairs or replacements performed under Warranty, therefore, do not in any way affect the Warranty terms activated at the time of purchase and do not entitle the Purchaser to any extensions or renewals of the Warranty, which will continue to apply, in any case, until the natural expiration of the Warranty period.
Once the Warranty Period has expired, any repairs or replacements of the Product or of its individual components will be borne entirely by the Purchaser.
In any case, we recommend always contacting ABEnergie as the sole inventor, developer and manufacturer of the Product and of its related features and services in order to continue to benefit of its know-how, professionalism and customer service made available to the Purchaser.

Conditions
Service tasks under Warranty will be performed only if the Purchaser has filed a claim/report with ABEnergie within the Warranty Period, including the purchase invoice and the waybill. ABEnergie reserves the right to refuse to perform the service tasks under Warranty if the above-mentioned documents are not included with the claim or if the information contained in them are incomplete, have been changed or are illegible. This Warranty will be automatically voided if the “QR code” or “product code” affixed on the Product or its individual components have been modified, deleted, removed or are in any case illegible. If for any reason, the Product needs to be returned, the Purchaser will have to return it to ABEnergie in its original package, including all its components and documents (and including the packaging and any supplementary documents and accessories). In order to limit damage to the original package, ABEnergie recommends that you return it in a separate box. In any case, it is forbidden to place labels or tape directly on the Product’s original package.
The Purchaser must activate the Warranty within 8 (eight) days from discovering the defect or his/her right to do so will be automatically voided.
ABEnergie, after having verified that the Warranty has been activated according to the above-mentioned terms and after having also verified the existence of valid grounds for the claim filed by the Purchaser, will at its discretion repair or replace the Product or its individual components, without charging the costs of inspection and repair to the Purchaser.
The time required to repair or replace the Product or its individual components depends exclusively on ABEnergie and the Purchase will not be entitled to demand any form of compensation for any delays in performing the repairs or replacement. Failure to perform the repairs and/or to replace the Product or any delays in doing so do for damages directly attributable to the Purchaser and/or to third parties do not, however, relinquish the Purchaser from the obligation to pay the service fee and/or any amount due by virtue of the DiCE sales agreement.
If, following technical inspections conducted by ABEnergie to verify the grounds of the claim filed by the Purchaser, ABEnergie should find that the defect and/or malfunction of the Product or its individual components is attributable to the Purchaser and/or to third parties and/or to force majeure or to an accident, or in any case, to causes not included in the scope of the Warranty, including a conformity-related cause reserved to the Consumer, the Purchaser will be promptly informed in writing and/or by standard or certified email, specifying the cost of repairing the Product and/or its individual components. In such case and if explicitly requested by the Purchaser, the service task will be performed charging all costs thereof to the Purchaser. In any case, the Purchaser will be charged (if applicable) the costs incurred by ABEnergie to conduct the technical inspections and to repair the Product/components, as well as the costs of transport incurred by ABEnergie, if any.
This Warranty does not cover costs and risks of/associated with transporting the Product from the Purchaser’s premises to ABEnergie and vice-versa.
The Warranty excludes:

  1. routine maintenance, repairs or replacement of the Product or its individual components due to normal wear and tear;
  2. repairs or replacement of consumables (components that need to be regularly replaced during a Product’s normal life cycle, such as non-rechargeable batteries, lights, etc.);
  3. damages, defects and/or adjustments to the Product or its individual components due to improper use or handling by the Purchaser and/or third parties, including but not limited to:
    a) improper use, including:
    - treatments that cause damage or physical, aesthetic or superficial alterations to the Product or its individual components;
    - damages or defects caused by any liquid spills, by stains due to the use of unsuitable detergents, by corrosion and rust, or by using an incorrect power voltage;
    - improper installation, configuration or use of the Product not according to its intended use or without following ABEnergie’s instructions;
    - improper Product maintenance, without following ABEnergie’s instructions regarding proper maintenance;
    - installation or use of the Product not in accordance with the applicable technical or safety standards;
    b) viruses caused by use of the Product in combination with software and/or components not supplied by ABEnergie, including ones caused by the use of devices and/or media belonging to the Purchaser and/or third parties that have been improperly connected to the Product (including but not limited to tablets, smartphones, personal computers, etc.);
    c) flaws, defects and/or non-conformities of systems to which the Purchaser connects the Product and/or its individual components, except for other media, components or similar devices supplied by ABEnergie and expressly designed for use in combination with the Product;
    d) use of the Product with accessories, peripheral devices or other items whose type, condition and/or standard differs from those supplied and specifically designated by ABEnergie;
    e) repairs, maintenance and/or upgrades performed by staff not employed by ABEnergie and/or not expressly authorised thereby;
    f) adjustments and/or changes to the Product and/or its individual components made without ABEnergie’s express prior approval, including:
    - upgrades to the Product that exceed the specifications and functions described in the User Manual and, at any rate, those stated in the documents supplied to the Purchaser and included in the package;
    - changes to the Product to make it compliant with national or local technical or safety standards in countries where the Product is not specifically designed or manufactured to operate;
    g) negligence and/or carelessness of the Purchaser and/or third parties;
    h) accidents, fires, spills of liquids, chemical substances or of other nature, floods, vibrations, excessive heat, inappropriate ventilation, voltage surges, excessive or incorrect input voltage, radiation, electrostatic discharges, including lighting bolts, or other external forces and shocks.

Exclusions and limitations
Notwithstanding the above, ABEnergie does not provide any warranty cover (explicit, implicit or of other nature) on the Product in terms of the quality, performance, accuracy and reliability of the data produced by the Product.
ABEnergie rejects any liability for any damages and/or loss possibly caused by the Product to the Purchaser, including any financial or intangible losses, the price paid for the Product, loss of profit, income or data, damages deriving from failure to benefit from or use the Product, damages to other media belonging to the Purchaser and/or its associated third parties and/or linked to the Product, including, in any case, indirect, accidental or consequential loses and damages linked to use of the Product.
ABEnergie also rejects any liability for any direct or indirect damages to persons, property or animals caused by failure to follow the instructions in the User Manual, the Instructions on how to install easyplay ® and the documents included in the package and that refer mainly to safety warnings regarding installation, use and maintenance of the Product and its individual components.
In any case, ABEnergie’s liability within the scope of this Warranty shall not exceed the price paid by the Purchaser to purchase the Product.

WARRANTY - LEASE
Warranty and Conditions

The Product (and its individual components leased to the Purchaser) are covered by Warranty for defects for a period of 12 (twelve) months and by the Warranty for conformity-related defects for a period of 24 (twenty-four) months, as envisaged by Legislative Decree No. 2006/2005 (Consumer Code).
To benefit of the customer service under warranty, the User must contact the Customer Service of ABEnergie at the above-mentioned numbers.
Replacement due to damage of the external structure is available only if the damage makes it impossible to benefit of the features and/or services provided by the Product.
This Warranty will be automatically voided if the “QR code” or “product code” affixed on the Product or its individual components have been modified, deleted, removed or are in any case illegible. If for any reason, the Product needs to be returned, the Purchase will have to return it to ABEnergie in its original package, including all its components and documents (and including the packaging and any supplementary documents and accessories). In order to limit damage to the original package, ABEnergie recommends that you return it in a separate box. In any case, it is forbidden to place labels or tape directly on the Product’s original package.
ABEnergie, after having verified that the Warranty has been activated according to the above-mentioned terms and after having also verified the existence of valid grounds for the claim filed by the Purchaser, will at its discretion repair or replace the Product or its individual components, without charging the costs of inspection and repair to the Purchaser.
The time required to repair or replace the Product, or its individual components depend exclusively on ABEnergie and the Purchase will not be entitled to demand any form of compensation for any delays in performing the repairs or replacement. Failure to perform the repairs and/or to replace the Product or any delays in doing so do for damages directly attributable to the Purchaser and/or to third parties do not, however, relinquish the Purchaser from the obligation to pay the service fee and/or any amount due by virtue of the DiCE sales agreement.
Unless explicitly waived in this paragraph, all the terms and conditions contained in the “Warranty – Sale” section (including but not limited to the cases of exclusion and/or limitation of the warranties granted by ABEnergie, including damages caused by improper use of the Product by the User and/or third parties, the charging of any costs of inspection and repair, as well as the costs of transport incurred by ABEnergie if, following technical inspections conducted thereby to verify the grounds of a claim filed by the User, ABEnergie finds that the defect and/or malfunction of the Product or its individual components is attributable to the User and/or to third parties and/or to force majeure or to an accident, or to causes in any case not included in the scope of the Warranty, including a conformity-related cause reserved to the Consumer) shall apply in full to leases of the Product.