Over 2400 vehicles professionally inspected·Secure payments·Warranty available up to 12 months·Call for advice: +39 0287176063·
Over 2400 vehicles professionally inspected·Secure payments·Warranty available up to 12 months·Call for advice: +39 0287176063·
Over 2400 vehicles professionally inspected·Secure payments·Warranty available up to 12 months·Call for advice: +39 0287176063·
Over 2400 vehicles professionally inspected·Secure payments·Warranty available up to 12 months·Call for advice: +39 0287176063·

SPECIFIC TERMS AND CONDITIONS FLEEQUID® POWERTRAIN WARRANTY SERVICE

1. Definitions

In addition to the other definitions set out in the ‘Fleequid® Marketplace General Terms and Conditions’ (‘General Terms and Conditions’), which can be consulted in the relative section (https://fleequid.com/it/terms-and-conditions), which govern the Fleequid® Marketplace and are herein fully referenced and transcribed, the following definitions shall apply for the purposes of these Specific Terms and Conditions of the Fleequid® Powertrain Warranty Service (‘STCWs’):

a) Buyer: the person who, purchasing a Vehicle on the Fleequid® Marketplace, in the exercise of their business or professional activity, requests and obtains the activation of the Powertrain Warranty Service. The Service is not intended for consumers pursuant to Leg. Decree 206/2005 (Consumer Code).

b) Waiting Period: the initial period, commencing from the date of activation of the Powertrain Warranty Service, whether simultaneous or subsequent to the sale, during which the Warranty is not operative and does not cover failures occurring to the Vehicle.

c) Authorised Centre: the workshop or service centre identified or previously authorised by Fleequid® to carry out repairs and servicing covered by the Powertrain Warranty Service.

d) Covered Components: the main engine and gearbox components of the Vehicle covered by the Warranty, as detailed in these STCWs.

e) Excluded Components: the assemblies, parts and accessories of the Vehicle that do not fall within the Covered Components and are therefore excluded from the Warranty, as detailed in these STCWs.

f) Specific Terms and Conditions of the Powertrain Warranty Service or STCWs means these Specific Terms and Conditions governing the Powertrain (Engine and Transmission) Warranty Service offered by Fleequid®. The relationship of precedence between these STCWs, any other Specific Terms and Conditions and/or Special Terms and Conditions of Auction and/or individual contracts, and the General Terms and Conditions of the Fleequid® Marketplace shall be governed by the latter.

g) Fleequid: as defined under the General Terms and Conditions of the Fleequid® Marketplace, and shall include, for the purposes of these STCWs, the company Adorea S.r.l. or any other legal entity designated by it as a provider of the Powertrain Warranty Service.

h) Trusted Expert: the technician appointed by Fleequid® to ascertain the cause of the failure and to verify the conditions of applicability of the Warranty.

i) Powertrain Warranty Service: the optional, non-insurance, commercial warranty whereby Fleequid® assumes directly, for a fee, the obligation to provide coverage for failures and malfunctions to the main engine and transmission components of the Vehicle bought at auction on the Marketplace, within the limits, conditions and exclusions set out in these STCWs.

j) Vehicle: the Vehicle, as defined in the General Terms and Conditions of the Fleequid® Marketplace, for which the Buyer has requested and obtained the activation of the Powertrain Warranty Service.

 

2. Subject of the Service.

2.1  The present Specific Terms and Conditions govern the Powertrain Warranty Service offered by Fleequid® to Buyers who request it and have paid the relative fee.

2.2  The Powertrain Warranty Service is an optional commercial warranty and in no way constitutes an insurance product. The risk connected with the performance of the Guarantee is assumed directly by Fleequid®. Fleequid® is neither an insurance company nor an insurance intermediary and is not subject to the supervision of the Italian insurance supervisory authority (IVASS) or the regulations of the Private Insurance Code.

2.3 The Warranty shall apply exclusively to the Covered Components of the Vehicle, limited to failures and malfunctions arising during the period of validity of the Service, and within the limits, conditions and exclusions set forth in these STCWs.

2.4  Consequently, all Excluded Components and the cases and circumstances listed in the articles below shall remain excluded from the Warranty.

The relationship between these STCWs and the General Terms and Conditions shall be governed by Article 3.3 of the General Terms and Conditions of the Fleequid® Marketplace: these STCWs shall prevail over the General Terms and Conditions in the event of disagreement, limited to the regulation of the Powertrain Warranty Service.

 

3. Covered and Excluded Components.

3.1  Covered Components - The Powertrain Warranty Service applies exclusively to the main mechanical parts of the engine and gearbox of the Vehicle, understood to mean

· for the engine: engine block, cylinder head, crankshaft, pistons, connecting rods, valves, camshafts and other parts strictly functional to the operation of the engine;

· for the gearbox: gearbox, gears, shafts, bearings, differential and other parts strictly functional to the operation of the manual or automatic transmission.

3.2  Excluded Components - The following are excluded from the coverage of the Powertrain Warranty Service, by way of example and not limited to:

· parts subject to ordinary wear and tear (e.g., clutch, discs, belts, filters, gaskets, hoses, pipes, fluids and consumables);

· electrical and electronic systems and accessories not strictly functional to the engine or gearbox (e.g., alternator, starter motor, wiring harnesses, control units other than those of the engine or gearbox);

· exhaust and emission treatment systems (e.g., catalytic converters, particulate filters, EGR, AdBlue systems, lambda probes);

· components external to the engine and gearbox (e.g., radiators, water pumps, auxiliary pumps, air conditioning compressor, elastic mounts, flywheel);

· the entire passenger compartment air-conditioning system, including – but not limited to – A/C compressor, condenser, evaporator, electric fans, fans, pipes and fittings, sensors, expansion valves, control units and air-conditioning control modules;

· damage resulting from impacts, accidents, fire, theft, natural disasters, misuse or tampering;

· faults already present at the time of delivery of the Vehicle or in any case arising before the date of activation of the Service, including those occurring during the Waiting Period.

3.3  Principle of Exclusivity - By activating the Powertrain Warranty Service, the Buyer accepts and acknowledges that coverage only operates with reference to the Covered Parts as listed above and that anything not expressly included is excluded from the Warranty.

 

4. Commencement, Duration and Conditions of Effectiveness.

4.1  The Powertrain Warranty Service commences on the date of delivery of the Vehicle to the Buyer, as shown on the sales and transport documents. If the Powertrain Warranty Service is purchased after the sale of the Vehicle, it shall commence on the date indicated by Fleequid® in the contractual documentation activating the service, provided that

(i) the Vehicle has been re-evaluated by Fleequid® or Fleequid® has formally waived the appraisal;

(ii) the fee for the service has been paid in full by the Buyer.

4.2  The Buyer accepts and acknowledges that the Powertrain Warranty Service does not cover failures or malfunctions already present or manifested prior to the delivery of the Vehicle, nor those occurring prior to the effective date of the Service or during the Waiting Period.

4.3  The Powertrain Warranty Service has a fixed duration, to be chosen by the Buyer at the time of subscription from the following options:

· 3 (three) months or 15,000 (fifteen thousand) km,

· 6 (six) months or 30,000 (thirty thousand) km,

· 9 (nine) months or 45,000 (forty-five thousand) km,

· 12 (twelve) months or 60,000 (sixty thousand) km.

The service is not automatically renewed and terminates upon reaching the earlier of the chosen time or mileage limit.

4.4  The Powertrain Warranty Service may only be activated for Vehicles that meet the following requirements on the effective date of the service (Article 4.1):

· age not over 15 (fifteen) years since first registration;

· documented mileage and maintenance according to the following table:

Vehicle Category

Ordinary mileage limit

Admissibility beyond the limit

Bus Class 1-2

≤ 500,000 km

Admissible if engine and gearbox overhauled within the last 250,000 km (with official documentation)

Bus Class

3

≤ 700,000 km

Admissible if engine and gearbox overhauled within the last 250,000 km (with official documentation)

Minibus Class 1- A

≤ 120,000 km

Admissible if engine and gearbox overhauled within the last 100,000 km (with official documentation)

Minibus Class 2- 3-B

≤ 150,000 km

Admissible if engine and gearbox overhauled within the last 100,000 km (with official documentation)

School bus

≤ 120,000 km

Admissible if engine and gearbox overhauled within the last 100,000 km (with official documentation)

 

At present, the Powertrain Warranty Service is only available for buses and minibuses.
Fleequid® reserves the right to extend, update or modify the categories of Vehicles eligible under the Warranty, by expressly stating as such in the pre-contractual documentation or in specific annexes to the present STCWs, which shall be made available to the Buyer at the time of subscription.

4.5  In the event of sale or transfer of the Vehicle to a third party, the Powertrain Warranty Service automatically terminate without any right to a refund. Any transfer of the Warranty to the new owner is only possible with the prior written approval of Fleequid® and is subject to payment of the relative fees by the original Buyer or successor. This is without prejudice to the termination of the Powertrain Warranty Service in the event of the Buyer's failure to comply with their obligations under these STCWs.

4.6  If the Powertrain Warranty Service is purchased subsequent to the sale of the Vehicle (Art. 4.1, second sentence), coverage shall only become operative after a 30 (thirty) day Waiting Period from the effective date of the Service, or after the first 1,000 (one thousand) kilometres travelled by the Vehicle after this date, whichever of these occurs later. During this Waiting Period, any failures or malfunctions are not covered. On the other hand, no Waiting Period shall apply if the Service is purchased at the same time as the purchase of the Vehicle via the Fleequid® Marketplace sales process, prior to delivery of the Vehicle.

 

5. Geographical Scope.

5.1  The Powertrain Warranty Service is valid and effective for Vehicles used and repaired in any country, unless otherwise expressly communicated by Fleequid® to the Buyer in the pre-contractual or contractual documentation activating the Service.

5.2  Work under warranty must be carried out at Authorised Centres identified or authorised in advance by Fleequid®. Any repair carried out outside these centres shall result in forfeiture of the right to cover, unless approved in advance by Fleequid® in writing.

5.3  The Buyer accepts and acknowledges that if the Vehicle is transferred to or used in countries for which Fleequid® has communicated specific limitations, the Powertrain Warranty Service shall remain inoperative for the entire duration of the stay in such countries.

 

6. Obligations of the Buyer.

6.1  The Buyer is obliged to carry out, or have carried out, ordinary and extraordinary maintenance on the Vehicle in accordance with the manufacturer's requirements and applicable regulations, keeping appropriate documentation (invoices, maintenance log books, receipts, etc.) to be produced at Fleequid®'s request.

6.2  The Buyer shall notify Fleequid® of any fault or malfunction within and no later than 5 (five) working days of its occurrence, by submitting a service request according to the procedure specified by Fleequid® and attaching the necessary documentation (description of the fault, mileage, photographs, copy of the maintenance log book, etc.).

6.3  The Buyer may not carry out, or have carried out, any repairs or servicing of the Covered Components without the prior written consent of Fleequid®. Any unauthorised work shall result in forfeiture of the right to cover for the relative faults.

6.4  The Buyer shall cooperate with the Trusted Expert appointed by Fleequid® for the necessary checks and allow access to the Vehicle for this purpose.

6.5  The Buyer is obliged to use the Vehicle in accordance with its intended use, the applicable regulations and the manufacturer's instructions, refraining from overloading, tampering, improper use or any use not compatible with normal professional diligence (principle of fair use).

6.6  In the event of activation of warning lights, warning sounds, obvious malfunctions or any circumstances that may reasonably presume imminent damage to the Covered Components, the Buyer shall immediately stop using the Vehicle and request the assistance of Fleequid®. Any continued use of the Vehicle under such conditions shall result in the forfeiture of cover for further or aggravated damage resulting from such conduct.

6.7  The Buyer accepts and acknowledges that failure to comply with the obligations set out in this article shall result in total or partial forfeiture of the right to cover under the Powertrain Warranty Service.

 

7. Claims.

7.1  The purpose of this procedure is to enable Fleequid® to deal promptly and effectively with failures covered by the Powertrain Warranty Service, avoiding further damage and ensuring that repairs are only carried out at Authorised Centres.

7.2  The Buyer shall notify Fleequid® of the occurrence of any failure or malfunction by means of a written request, sent exclusively via the communication channels indicated in point 7.3. The notification must be made no later than 5 (five) working days following the occurrence of the failure. Failure to do so shall result in automatic forfeiture of the right to cover for the reported event.

7.3  The notification must be sent exclusively to the dedicated e-mail address: warranty@fleequid.com. Communications sent via other channels shall not be valid and shall therefore have no effect for the purposes of the Warranty, even if proof of receipt by Fleequid® is provided (e.g., telephone, instant messaging, certified e-mail - PEC, ordinary mail or other e-mail addresses).

7.4  The notification must include at least:

· identification details of the Buyer and the Vehicle (number plate, chassis/VIN, km travelled);

· description of the failure or malfunction and date of occurrence;

· location of the Vehicle;

· photographic documentation (where available);

· copy of maintenance documentation and previous repairs (where required).

7.5  Upon receipt of the notification, Fleequid® shall open the claim, appoint a Trusted Expert for the technical inspection and subsequently authorise in writing any repairs at an Authorised Centre. Any work carried out without the prior written authorisation of Fleequid® shall result in forfeiture of the right to cover.

 

8. Claim Management.

8.1  Upon receipt of the claim notification in accordance with Article 7, Fleequid® shall open the case and may, at its sole discretion, appoint a Trusted Expert to determine the cause of the failure and verify the conditions of application of the Powertrain Warranty Service.

8.2  The Buyer shall:

· make the Vehicle available to the Trusted Expert and allow them to carry out any necessary checks;

· refrain from carrying out or having carried out, on its own initiative, any technical inspections, disassembly or repairs that may make it impossible or more difficult to ascertain the cause of the damage.

Violation of these obligations shall result in automatic forfeiture of the right to cover for the reported event.

8.3  Fleequid® shall notify the Buyer of the outcome of the investigation within 10 (ten) working days of receipt of the report by the Trusted Expert, if appointed, or of the completion of the internal evaluation.

8.4  The outcome of the claim management may be as follows:

a) the authorisation and performance of repair or replacement of the Covered Components at an Authorised Centre, with costs to be borne by Fleequid® within the limits of these STCWs;

b) as a residual option, if Fleequid® deems it appropriate, the possibility of authorising the Buyer to have the repair carried out at their own trusted repair centre, with subsequent reimbursement only of the costs actually incurred and documented, subject to delivery to Fleequid® of the original invoices, verification of compliance with these STCWs and delivery of proof of payment. Payment by Fleequid® shall be made within 30 (thirty) working days after the successful outcome of the inspection;

c) rejection of the claim if the conditions for the application of the Powertrain Warranty Service are not met.

8.5  Any repair is subject to the prior written authorisation of Fleequid®. In the absence of such authorisation, the costs shall be borne in full by the Buyer.

 

9. Limits of Cover and Liability.

9.1 The Powertrain Warranty Service only covers the repair or replacement of Covered Components, within the limits, conditions and procedures set out in these STCWs. Fleequid® assumes only the economic risk arising from the pecuniary loss associated with the need to repair or replace such components, to the exclusion of any further obligation of indemnity, reimbursement or compensation.

9.2  In particular, Fleequid® shall under no circumstances be held liable for:

· direct or indirect damage resulting from the failure of Covered Components (including, without limitation, technical stoppage, loss of use of the Vehicle, loss of turnover or contracts, damage to image or customers);

· damage to persons, property or animals resulting from the failure or repair of Covered Components;

· damage to components, systems or parts other than those expressly included in the cover, including the entire passenger compartment air-conditioning system (A/C compressor, condenser, evaporator, pipes, fans, sensors, control units and any other A/C components);

· consequences of suspensions, delays, malfunctions or interruptions in the provision of the Service, unless attributable to intent or gross negligence on the part of Fleequid®.

9.3  The maximum expenditure ceiling applicable to each Vehicle shall be determined and communicated to the Buyer in the pre-contractual documentation relating to the Powertrain Warranty Service.
This ceiling shall be understood as referring to the entire duration of the Service and not to each individual failure event, unless otherwise expressly stated in the pre-contractual documentation. In any case, Fleequid®'s total obligation for each Vehicle shall never exceed the lesser of EUR 25,000.00 (twenty-five thousand/00) plus VAT or the residual value of the Vehicle at the time of the claim, determined according to current market criteria.

9.4  If, for the repair or replacement of a Covered Component, work is also required on components or parts not included in the Guarantee, the costs thereof shall be borne in full by the Buyer. In such cases, Fleequid® may make available directly to the Authorised Centre the sums relating to its share of the work on the Covered Components, while the portion of the cost not covered by the Warranty shall be paid directly by the Buyer to the Authorised Centre. The Authorised Centre is expressly entitled to exercise the right of retention on the Vehicle until full payment of the sums due from the Buyer. In the absence of acceptance of the quotation within the validity period, Fleequid® is entitled to suspend the application until further determination by the Buyer.

9.5  The Buyer accepts and acknowledges that, to the fullest extent permitted by law, it indemnifies and holds Fleequid® harmless from any liability for delays, malfunctions or omissions in the handling of the warranty claim, unless these are due to Fleequid®'s gross negligence or intent. In particular, they following shall be excluded:

· the consequences resulting from the Buyer's failure to file a claim in a timely manner;

· damages resulting from delays in the investigation, expert opinion or decision on cover;

· any claims for damages beyond the performance of the Warranty Service to the extent provided for in these STCWs.

9.6  No communication, acceptance of the claim or investigative activity by Fleequid® may be interpreted as recognition, even implicit, of the right to cover, which remains subject to the positive outcome of the procedure set out in these STCWs.

 

10. Performance, Repairs and Operational Limitations.

10.1  The Powertrain Warranty Service covers only Covered Components and does not include, by way of example but not limited to:

· towing or breakdown assistance of the Vehicle;

· the provision of replacement vehicles or alternative mobility services;

· accommodation, board or logistical expenses of the Buyer or drivers;

· consumables, liquids, filters, lubricants, unless necessary and directly related to authorised work on Covered Components;

· diagnostic, inspection or preventive activities not previously authorised by Fleequid®.

· any work, repair, replacement or diagnosis relating to components, systems or parts not included in the Covered Components, including – expressly – the entire passenger compartment air-conditioning system (A/C compressor, condenser, evaporator, fans, pipes, sensors, control units and any other A/C components).

10.2  Work authorised under these STCWs shall be carried out using original or equivalent spare parts, or using reconditioned spare parts of equivalent quality, at Fleequid®'s discretion. Labour shall be charged according to the hours of work and reference rates recognised by Fleequid®. Vehicle improvements, upgrades or technical modifications that are not strictly necessary for the repair of the Covered Parts are expressly excluded.

10.3  All components replaced within the scope of the Powertrain Warranty Service shall become the property of Fleequid®, who shall be free to use them at will, including for the purposes of technical expertise, reconditioning or disposal.

10.4  Any fraudulent behaviour, falsification of documents, tampering with the odometer or the electronic control units of the Vehicle shall result in the immediate forfeiture of the Powertrain Warranty Service, without prejudice to Fleequid®'s right to take action for further damages.

10.5  The Buyer shall grant Fleequid® or the Trusted Expert access to the Vehicle, on-board data (including OBD and telematics systems) and maintenance documentation for the purpose of the necessary technical inspections. Failure to cooperate shall result in forfeiture of the right to cover.

10.6  The Buyer accepts and acknowledges that Fleequid® makes no warranty – express or implied – as to the quality, durability or success of repairs and replacements performed, whether at Authorised Centres identified or approved by Fleequid®, or at workshops or service centres chosen by the Buyer and in any event authorised by Fleequid®. Any warranties relating to the installed components and the work carried out must be requested directly from the workshop that carried out the work. To the fullest extent permitted by law, the Buyer shall indemnify and hold Fleequid® harmless against all claims, actions or demands for damages in connection with such components or workmanship.

 

11. Complaints and Litigation.

11.1  As concerns complaints relating to the Powertrain Warranty Service, the Buyer shall follow in full the procedure foreseen under Art. 13 of the General Terms and Conditions of Fleequid® Marketplace, which can be found at www.fleequid.com. It is understood that the regulations on complaints outlined in the General Terms and Conditions is distinct and autonomous with respect to the Claims foreseen in Article 7 of these STCWs.

11.2  Fleequid® shall handle complaints according to the procedures and within the time limits set out in the General Terms and Conditions, communicating the outcome of the investigation in the manner provided for therein. If the complaint is upheld, Fleequid® shall pursue the contractual remedies provided for in these STCWs and the General Terms and Conditions, within the limits of these STCWs and the applicable legislation.

11.3  Before taking any judicial or arbitral action, the Parties undertake to attempt in good faith to settle the dispute amicably, including by using the conciliation tools made available by the Fleequid® Marketplace platform or other informal negotiation tools.

11.4  If such attempt is unsuccessful within 30 (thirty) days of the written communication of the dispute, the Parties undertake to attempt mediation at the Mediation Body of the Chamber of Commerce of Como, in accordance with Leg. Decree No 28/2010. Mediation shall be commenced within the aforementioned period and concluded within 60 (sixty) days from the commencement of the proceedings, unless extended by law.

11.5  Should the mediation fail to conclude with an agreement within 60 (sixty) days from the commencement of the proceedings, the dispute shall be definitively settled by ritual arbitration, in accordance with the Rules of the Chamber of Arbitration of Milan, by a sole arbitrator appointed in accordance with these Rules. The place of arbitration shall be Milan, the language shall be Italian and the applicable law shall be the law foreseen by these STCWs.

11.6  This is without prejudice to each Party's right to apply to the competent court for precautionary or emergency measures, even before or during the arbitration procedure, without this constituting a waiver of the arbitration clause.

11.7  For anything not expressly regulated in this article, reference is made in full to the procedures, terms and conditions set out in the General Terms and Conditions of Fleequid® Marketplace.

 

12. Force Majeure.

12.1  For the purposes of these Specific Terms and Conditions, any event, circumstance, fact, act, omission or situation, irrespective of its foreseeability, which is beyond the reasonable control of the party invoking it and which prevents, obstructs, restricts or delays, in whole or in part, the performance of the contractual obligations relating to the Powertrain Warranty Service, shall constitute force majeure. By way of example but not limited to, the following are considered force majeure events: natural disasters of any kind, exceptional weather events, fires, explosions, floods, earthquakes; epidemics, pandemics, health containment measures; wars (whether declared or not), invasions, acts of terrorism, riots, uprisings; strikes, lock-outs or other labour unrest, even if they do not directly involve the Party's personnel; embargoes, blockades, restrictions or measures by any Public Authority; unavailability of infrastructure, energy, fuels, raw materials or spare parts; interruptions of essential services (including computer, communication or network services); cyber-attacks or technological malfunctions; power blackouts or energy crises; systemic financial crises or legislative or regulatory changes that directly affect the provision of the Service; unavailability of Authorised Centres or manufacturers' production stoppages that make it impossible to find or install the necessary components.

12.2  The occurrence of a force majeure event entails the suspension, for the duration of the event and for the time strictly necessary for its termination, of the obligations of the Party concerned. In such cases, no liability, compensation or penalty may be imputed to the Party suffering the force majeure.

12.3  The Party intending to invoke force majeure shall promptly notify the other Party in writing, specifying the nature of the event, its expected duration and the foreseeable consequences for the performance of the contract.

12.4  Should the force majeure last for a period of more than 30 (thirty) consecutive days, each Party shall be entitled to terminate the agreement, without any obligation to pay compensation, by written notice to the other Party.

12.5  The Parties undertake to cooperate in good faith to take all reasonable measures to mitigate the effects of the force majeure and to resume performance of their contractual obligations as soon as possible.

 

13. Unilateral Changes to the Specific Terms and Conditions.

Any changes to the present Specific Terms and Conditions of the Powertrain Warranty Service shall be understood to be subject to the provisions of Article 3) of the General Terms and Conditions of Fleequid® Marketplace, published on the official website www.fleequid.com and freely available to Users. In particular, Fleequid® reserves the right to make unilateral changes to these STCWs, in the same manner, limits, forms of notice and means of communication as for the General Terms and Conditions. Such changes shall become effective after the time limit indicated in the notice, unless the User has expressly accepted earlier or has exercised, within the time limit, their right of withdrawal. It is agreed that, unless expressly derogated from in writing, the previous versions of these Special Terms and Conditions shall continue to apply exclusively to relations already entered into on the date of the change, as set out in the General Terms and Conditions. Use of the Powertrain Warranty Service after amendment shall constitute tacit acceptance of the Specific Terms and Conditions as amended.

 

14. Applicable Law, Language and Jurisdiction

14.1  These Specific Terms and Conditions of the Powertrain Warranty Service, together with the General Terms and Conditions of Fleequid® Marketplace and all related contractual provisions, are governed exclusively by Italian law. Any applicable international standards or conventions shall be incorporated only to the extent that they do not conflict with Italian law.

14.2  For any dispute concerning the validity, interpretation, execution or termination of these STCWs, the General Terms and Conditions or any other related legal transaction, the complaint, negotiation, mediation and arbitration procedure provided for in Art. 11 of these STCWs shall apply. The jurisdiction of the ordinary courts is therefore expressly excluded, except for the adoption of precautionary or emergency measures within the limits set forth in Art. 11.6. In the last-mentioned case, the Court of Como shall have exclusive jurisdiction, with express exclusion of any other competing or alternative jurisdiction, unless otherwise agreed in writing between the Parties.

14.3  The official language of these Specific Terms and Conditions of the Powertrain Warranty Service and the contractual relationship related thereto is Italian. Should these Specific Terms and Conditions be translated into other languages, the Italian version shall prevail and shall be considered the only binding version for the purposes of interpretation and application of the contract.

 

15. Communication.

15.1  Unless otherwise provided for in these STCWs, all communications between Fleequid® and the Buyer shall be made in writing and sent by registered post with signed-for delivery, express courier service, or by e-mail to the following official addresses of Fleequid®:

Adorea S.r.l.

Via Provinciale per Bizzarone, 43

22077 Olgiate Comasco (CO),

Tax Code and VAT No 04114790134

Tel. +39 0287176063

e-mail info@fleequid.com

15.2  Notifications shall be considered valid and binding upon delivery if sent by registered mail with signed-for delivery, upon hand-over to the courier if sent by express courier service, or upon confirmation of delivery if sent by e-mail to Fleequid®.

15.3  Fleequid® shall send all notifications to the addresses, including ordinary e-mail addresses, indicated by the Buyer during registration on the Fleequid® Marketplace or subsequently updated, and such notifications shall be presumed delivered to and read by the recipient at the time they are sent by Fleequid®.

 

 

 

 

*****    *****

In accordance with and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Buyer expressly declares that they have read and understood and that they agree to the following clauses of the Specific Terms and Conditions of the Powertrain Warranty Service: Art. 2.4 (general exclusions of cover for additional cases/circumstances); Art. 3.2 (list of objective exclusions); Art. 3.3 (Principle of Exclusivity); Art. 4.2 (exclusions of cover for pre-existing faults, prior to commencement of cover or during the waiting period); Art. 4.3 (fixed duration, no tacit renewal and automatic termination when limits are reached); Art. 4.4 (age and mileage limits, documented maintenance, unilateral right of Fleequid® to change the categories of eligible vehicles); Art. 4.5 (automatic forfeiture in the event of transfer of the Vehicle and subordination of the transfer of the Warranty to the written approval of Fleequid®); Art. 4.6 (initial waiting period and suspension of coverage); Art. 5.1 (territorial exclusions during pre-contractual proceedings); Art. 5.2 and 5.3 (Forfeitures and inoperability in countries subject to communicated restrictions); Arts. 6.2, 6.3, 6.6 and 6.7 (Obligations of the Buyer); Arts. 7.2 and 7.3 (Reporting of loss and forfeiture); Arts. 8.1, 8.2, 8.4 and 8.5 (Claims handling, Exclusions, Expenses); Arts. 9.1 and 9.2 (Limits of liability); Art. 9.3 (Maximum coverage and residual value); Art. 9.4 (Extra repairs and right of retention); Art. 9.5 (Indemnity); Art. 9.6 (Exclusion of cover recognition); Art. 10 (Services, Repairs, Exclusions and Operational Limitations); Art. 11 (Complaints and Disputes, Mediation, Arbitration); Art. 12 (Force Majeure); Art. 13 (Unilateral Changes); Art. 14.2 (Applicable Law, Exclusion of ordinary jurisdiction, except for the adoption of precautionary measures, Jurisdiction)