A. Standard Warranty Conditions
1. IDS GeoRadar s.r.l, warrants that its products shall be free from defects in material and
workmanship, for a period of 12 months from the delivery date duly registered and certified
(“Effective Date”) in the “Warranty Registration Form” enclosed hereto. IDS GeoRadar shall repair
or replace Products or parts thereof found faulty (the “Faulty Parts”) which are returned to IDS
GeoRadar, and which, at IDS GeoRadar’s judgment, were defective or became defective during its
normal use. Seller’s obligations shall not apply to Faulty Parts that:
(a) Buyer do not properly store, install, use, or maintain;
(b) Buyer modify, or perform tests which are not approved in writing by the Seller;
(c) Buyer have subjected to any kind of misuse, detrimental exposure beyond its intended
purpose or damaged in an accident or by natural disaster or calamities.
(d) Are repaired by other than IDS GeoRadar personnel; in which have been installed
HW/SW accessories not supplied by IDS GeoRadar; are integrated or connected to
equipment different from the ones supplied by IDS GeoRadar (except the PC data Logger
conform to IDS GeoRadar specifications);
(e) Whose operational software was not installed as per IDS GeoRadar instruction (see IDS
GeoRadar User’s Guide for the Data Acquisition Software);
2. Seller’s Products may include specific “Operational” software with automatic data processing and
analysis tools (SW) supplied under a License agreement (EULA). While every effort is made to
ensure the accuracy of the information/results provided by these tools, they must not be intended
as a substitute for people analysis; rather, they have to be intended as an advisor and the user
must not completely rely on the results provided by them. Under no circumstances does IDS
warrant that the SW will operate uninterrupted or error free The SW is provided “as is” without
warranty of any kind. IDS GeoRadar warrants for a period of sixty (60) days from the Effective date
that, under normal use, the SW support media will be free of defects in material and
workmanship; in such case the provisions of above point a) apply
3. Any different warranty, granted by the Buyer to its retailers and clients, even as final consumers,
pursuant to the European Union law in force regarding the rights of the consumers, does not
engage IDS GeoRadar in anyway.
4. The above mentioned warranty excludes any other remedies and it has to be considered the only
and exclusive remedy foreseen for the Buyer and its retailers and clients, with reference to IDS
GeoRadar Products purchase, being, expressively understood that any kind of limitation and/or
discharge of responsibility provided by the present warranty is referred to both (I) the
responsibility as against any third parties, pursuant to the legislation regarding the producer
responsibility and (II) the warranty provided by the law in force.
B. Warranty Procedure
1. To proceed in the application of warranty terms, Buyer shall have to contact IDS GeoRadar
Customer Care Office to get the clearance to return the Faulty Parts.
2. The Faulty Parts once received by IDS GeoRadar will be inspected to verify they are eligible for
repair or replacement..
3. Buyer is responsible for ensuring that the Faulty Parts be returned to IDS GeoRadar with a suitable
packing (it is recommended that the original packing be saved for a better understand of the
failure cause); IDS GeoRadar will not be obliged to repair or replace Faulty Parts damaged from
abuse, misuse, negligence, accident loss or damage in transit.
4. The Shipping costs for Products returned during the warranty period, are as follows:
(f) From Buyer Site to Seller site shipping costs, as per Incoterms CIP, are borne by
Buyer
(g) From Seller Site to Buyer site shipping cost, as per Incoterms CIP, are borne by Seller
5. The warranty period on the repaired or replaced Faulty Parts is 6 (six) months or the unexpired
portion of warranty on such Faulty Parts whichever date comes later.
C. Special Warranty Conditions for IBIS Products
Without prejudice to the Warranty terms defined in the above Clauses A and B, the following
special conditions apply to the IBIS products.
1. IDS GeoRadar offers to the Buyer, optionally, special Support and Maintenance Plans to be
performed along the life of the equipment. These plans set forth special Warranty conditions
which are detailed in the relevant options purchased.
2. IBIS Product Family is subject to export/import regulations as per EU export control regime
Council Regulation (EC) No. 428/2009 and successive amendments. The category of exportation
for IBIS F product family is 6A008.d. Buyer warrants that the IBIS Products to be purchased: a) shall
not be re-exported, directly or indirectly, outside Buyer’s country in violation of any law or
regulation or to embargoed or otherwise restricted countries, b) shall not be used, in the design,
development, production or use of chemical, biological, nuclear ballistic weapons. It is Buyer’s
responsibility to know the law pertaining to export/import procedures in the country of
destination of the Products. Buyer will defend, indemnify and hold Seller harmless against any
liability (including attorney’s fees) arising out of Buyer’s failure to comply with the terms of this
article. Should the Authorities issue an export restriction which leads to the cancellation of a
purchase order already accepted by IDS GeoRadar, IDS GeoRadar only liability shall be to return to
Buyer any account paid without interests. Buyer shall comply with the laws and procedures in
force in the country of destination of the Products.
3. IBIS can be used in Critical Monitoring for safety purposes applications, like real time monitoring of
unstable slopes including Opencast Mining. Buyer shall be aware and agree that the assessment of
the stability conditions of the observed target must be tasked to skilled and certified operator/s
able to understand data supplied by either IBIS or others. The performance of IBIS can be, in fact,
influenced either by the parameters introduced by the operator/s or by particular environmental
conditions which may distort its outcomes, thus giving rise to false or missing alarms.
4. IDS GeoRadar assumes no liability for any direct, indirect special, incidental or consequential
damages or injuries caused by such reliance or for the use of IBIS Products by operator who have
not achieved a training course certified by IDS GeoRadar. Any person or entity that completely
relies on information obtained from the automated data processing/analysis tools only or by
operators who have not achieved a training course certified by IDS GeoRadar, does so at his own
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