Warranty Conditions

Warranty e Certifications

These conditions are to be referred exclusively to the consumer user as defined in Art 3 lett. a Consumer Code.
(Legislative Decree 6.9.2005 No. 206 - Conventional 2-year warranty, extension to 10 years - Lent by the seller on products Awnings, Vetrotenda® and Pergocasa® Pergolas).

Warranty. The warranty shall be construed as a conventional warranty under art.1512 c.c. and 133 consumer code. With this warranty, the rights expressly provided for in favor of the consumer by the legislation on the sale of consumer goods are not affected in any way.

Subject of warranty. Arquati's product categories: Awning, Vetrotenda® and Pergocasa® Pergola have the characteristics as described in the contract and price list/catalog of sales for the current calendar year at the time the sale is made. Fabric characteristics are described in the current price list.

Duration. The goods are guaranteed for a period of two years from the date of purchase shown on the fiscal document evidencing the sale of the goods to the end user. In any case, to enforce the warranty, the interested party must report the lack of conformity in writing within the two-month period from the date of discovery, under penalty of forfeiture.

Remedies. In case of lack of conformity of the product sold, the consumer may request the seller to repair or replace the same. If the requested remedy should prove under Art. 130 CdC objectively impossible or excessively burdensome, involving expenses considered unreasonable, the seller will restore conformity by activating the alternative remedy. In any case, it is clarified that under Article 130 CdC a minor lack of conformity for which it turns out to be objectively impossible or excessively burdensome for the seller to dispatch the remedies provided above, will not give the consumer the right to terminate the contract of sale.

"No charge." Arquati guarantees free repair or replacement of non-conforming goods. It is up to the consumer, by means of a delivery document issued at the conclusion of the installation or by other evidence (tax receipt, cash register receipt or similar) showing the date on which the sale was made, to prove that the warranty is to be understood as still valid.

Conventional Warranty - Extension of Duration and Conditions. Notwithstanding the provisions of the law and for the greater protection of the consumer, the seller extends the product warranty up to the tenth year from the date of purchase, provided that the customer performs, after the second and within the third year from the date of installation, extraordinary maintenance carried out exclusively by authorized Arquati personnel. Call-out fee and labor cost will be borne by the customer. The motor, sensors, automations, remote control, Clima accessories, glazing, sunshades and Cristal fabric are excluded from the extended warranty. From the third to the tenth year, the warranty consists only of the replacement of components recognized as defective by Arquati and does not cover labor, disassembly, assembly and transportation costs. The Warranty does not cover any reimbursement for damage to persons or property. At the 3rd year after purchase, the warranty covers 60% of the value of the item defined by the price on the invoice, or receipt or receipt. At the 4th year after purchase, the warranty covers 50% of the value of the good defined by the price in the invoice, or receipt or receipt. At the 5th year after purchase, the warranty covers 35% of the value of the good defined by the price in the invoice, or receipt or receipt. At the 6th year after purchase, the warranty covers 15% of the value of the good defined by the price in the invoice, or receipt or receipt. At the 7th year after purchase, the warranty covers 10% of the value of the good defined by the price in the invoice, or receipt or receipt. At the 8th year after purchase, the warranty covers 10% of the value of the good defined by the price in the invoice, or receipt or receipt. At the 9th year after purchase, the warranty covers 10% of the value of the good defined by the price in the invoice, or receipt or receipt. At the 10th year after purchase, the warranty covers 10% of the value of the good defined by the price in the invoice, or receipt or receipt. The extended warranty shall be construed as a conventional warranty in accordance with Article 1512 of the Civil Code and 133 of the Consumer Code. With this extension is in no way affected the rights expressly provided for in favor of the consumer by the legislation on the sale of consumer goods. The consumer will therefore always be able to assert these rights against the seller, under the conditions and terms provided by the aforementioned legislation. 

Territorial Extension. This warranty is valid for delivery in Italy.

Standards for the validity of the warranty. Comply with the permitted use of the product. Comply with the use and maintenance regulations. Carry out mandatory maintenance within the stipulated time for the continuation of the warranty up to the 10th year. The installation, as well as the mandatory maintenance, must be carried out only and exclusively by authorized personnel, dealers or Arquati installers, and both must be proven in the use and maintenance booklet supplied with the awning. The latter are responsible for ensuring that the installed product and the fastening systems on the application supports are compatible with the state and morphology of the installation site, with the weight of the structure and with wind actions, in accordance with current regulations. They are also responsible for the delivery of the duly completed operation and maintenance manual, including the part for the declaration of correct installation. Warranty on electrical and electronic parts regarding the awning, vetrotenda® and pegola (motor - automatisms - switches), must be provided by the manufacturer (warranties: Somfy 5 years, other motors 5 years).

Exclusions. The warranty does not operate in all cases of improper use of the property and, in particular, in case of use of the same in the context of commercial, entrepreneurial or professional activities.
Non-conformity due to negligence or carelessness in use (ex. failure to follow the instructions for the proper operation of the awning or pergola), installation or maintenance carried out by unauthorized personnel, electrical connections or work on the electrical system carried out by personnel not qualified to issue the necessary certificates of conformity, damage caused by transport, or due to circumstances that, in any case, cannot be traced back to manufacturing and/or conformity defects in the good.
In particular, the warranty does not operate: 

  • In cases of improper use of the product during wind, rain, hail, snow and/or other combined events, failure of the wall part where the tent or pergola was anchored, tampering with the product (e.g., burning of the fabric due to cigarette butts).
  • In cases of installation, disassembly, maintenance not carried out by authorized Arquati personnel or not carried out in a workmanlike manner, failure to perform mandatory maintenance within the established time limits, and use of non-original Arquati spare parts.
  • For products not bearing the CE label with the serial number, for proper product traceability, in addition to the other data required by current regulations, the label showing the production number of the arms (only for arm tents).
  • For products not packaged with all original Arquati components, assembled according to the instructions in the assembly manuals.
  • In case of non-perfect match of paint color of individual components to reference RALs.
  • In case of not perfect watertightness of waterproof/water-repellent/resin fabrics.
  • In case of natural paint decay.
  • In case of normal wear and tear of mechanical parts.
  • In case of effects due to salt spray on metal components.

The customer is solely responsible with regard to the use made of the materials supplied with regard to the urban, static and safety regulations according to the places of installation, except for gross negligence or willful misconduct of the seller.

Seller's Liability. The seller disclaims all liability for any damage that may, directly or indirectly, be caused to persons, property and domestic animals as a result of failure to comply with all the prescriptions set forth in the appropriate instruction booklet and especially concerning warnings on the subject of installation, use and maintenance of the property itself.

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