Used Equipment Disclaimer –
Sold in the Condition in Which It Is Found

This Used Equipment Disclaimer is issued by GASPA S.R.L MACCHINE, which operates commercially under the brand GASPA MACCHINE, with registered and operational headquarters at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy, VAT number IT 03006910909, ATECO classification 47.52.40. You can contact us at the e-mail address info@gaspa-macchine.com or at the telephone number +39 377 390 1146.

GASPA MACCHINE is a dealership specialized mainly in the sale of used agricultural and construction machinery, including agricultural tractors, mini-excavators, mechanical loaders, telehandlers, tandem rollers, and construction equipment from brands such as JCB. The entirety or almost the entirety of our catalog available on gaspa-macchine.com consists of second-hand machines with years of use behind them.

This document applies to every used machine purchase made through our website and governs the specific terms and conditions relating to the state of use of the goods sold, declared defects, the exclusion of pre-existing conditions from the warranty, and the rights that the buyer retains in any case under current regulations. We operate with shipments to the following countries:

The expression "sold in the condition in which it is found" (in English "as-is", in Italian also "visto e piaciuto") is a contractual clause commonly used in the sale of used goods to indicate that the item is transferred with all its imperfections, normal degradation from use, and visible or already declared defects at the time the contract is concluded. In the context of the sale of used machines by GASPA MACCHINE, this concretely means:

It is essential to understand that in the context of the European Union, the clause "sold in the condition in which it is found" is not equivalent to a total waiver of all the buyer's rights. This wording does not authorize the seller to sell a machine with undeclared hidden defects and to exclude any form of protection. European consumer law and Italian and European sector legislation establish precise limits on what can be contractually excluded, as illustrated in Section 3 of this document.

This is the most important point of the entire document. Regardless of any "as-is" or "sold in the condition in which it is found" clause present in this disclaimer or in the sales contract, Italian and European law guarantees the consumer-buyer a series of rights that cannot be eliminated, reduced, or waived contractually.

• Legislative Decree 206/2005 (Consumer Code), Art. 130–135: establishes consumer rights in the event of lack of conformity of purchased goods. Clauses that exclude or limit these rights are null and void under Art. 36 of the same decree.
• Legislative Decree 170/2021: implemented EU Directive 2019/771 in Italy on the sale of goods and the legal guarantee of conformity, further strengthening consumer protections.
• Art. 1490 of the Italian Civil Code: guarantees the buyer against defects in the item sold that make it unfit for the use for which it is intended or that appreciably decrease its value. The seller cannot exclude the warranty for defects that they have concealed in bad faith (Art. 1491 c.c.).
• Art. 1497 of the Italian Civil Code: guarantees that the item sold has the promised qualities and those essential for the use for which it is intended.

Whatever the declared condition of the machine, the consumer buyer always retains the following rights:

• The right to the legal guarantee of conformity for all undeclared defects that were not knowable by the buyer before purchase, for a minimum duration of 2 years from delivery (throughout the EU).
• The right to receive a machine that corresponds to the description published in the product sheet. If the machine received differs significantly from the description, it is a lack of conformity covered by the warranty, regardless of the disclaimer.
• The right for the machine to be suitable for the ordinary use for which machines of the same type are intended, taking into account its characteristics, age, and declared hours.
• The right to repair, replacement, price reduction, or refund in the event of a lack of conformity that was not declared and that pre-existed at the time of delivery.
• The right to action for redhibitory defects (Art. 1490 c.c.) and for lack of essential qualities (Art. 1497 c.c.) against the seller, even in the absence of a specific commercial warranty.
• The right to assert one's claims against any unfair clause under Articles 33–37 of the Consumer Code, including clauses that limit the seller's liability for product defects in a disproportionate way.

Full transparency on the condition of the machines is the foundation of our business and the trust our customers place in us. For every machine for sale, we adopt a systematic documentation procedure that aims to provide the buyer with all the information necessary to make a conscious and informed purchase.

Every machine for sale on the gaspa-macchine.com website is accompanied by a complete photographic set that includes:

• External photographs of the machine from all main sides (front, back, left side, right side), taken in good lighting conditions.
• Close-up photographs of all areas with damage, visible wear, dents, scratches, corrosion, cracks, or aesthetic imperfections present at the time of cataloging.
• Photograph of the onboard instruments with the operating hours visible at the time of preparation of the product sheet.
• Photographs of the cabin interior (where present), including the condition of the controls, seats, glass, and every relevant component.
• Photographs of the main functional components: engine, hydraulic system, attachments, tires or tracks, bucket or forks (depending on the type of machine).

The product sheet for each machine includes a detailed textual description specifying:

• Year of production and, where available, the date of first registration or commissioning.
• Operating hours actually recorded by the onboard instrumentation at the time of entry into the catalog, with an indication of the recording date.
• Detailed list of known defects: every known mechanical, electrical, hydraulic, or aesthetic anomaly is listed individually with a description in simple and understandable language.
• Condition of main components: engine (starting, smoke, operating temperature), transmission, hydraulic system, brakes, steering, tires or tracks.
• Included documentation: use and maintenance manual, service records, CE certificate of conformity, certificate of ownership, or any other available document.
• Included accessories: buckets, forks, attachments, remote controls, spare keys, and any other component transferred with the machine.

Before concluding the purchase, every potential buyer has the right to request without any additional charge:

• A startup and operation video of the machine, documenting the behavior of the engine, hydraulic systems, and main controls under normal use conditions.
• Additional photographs of any component or area of the machine not visible in the photographs already published in the product sheet.
• Additional information on the maintenance history of the machine, within the limits of what is in our possession at the time of the request.

Requests can be sent to info@gaspa-macchine.com. We undertake to respond within 2 working days of receiving the request.

This section lists the types of defects, imperfections, and conditions that, when expressly declared in the product sheet or communicated in writing to the buyer before the conclusion of the contract, are accepted by the buyer as part of the condition of the purchased item and therefore excluded from the scope of the legal guarantee of conformity, in accordance with Art. 133, paragraph 2, of Legislative Decree 206/2005 and Art. 7, paragraph 5, of EU Directive 2019/771.

• Dents, scratches, and bodywork deformations clearly visible in the photographs and/or described in the product sheet. This category includes: dents on the engine hood, on the frame, on the side panels, or on the cowling.
• Rust and superficial oxidation on external metal parts, documented photographically. Non-structural superficial oxidation is normal on older machines exposed to the external environment.
• Missing, peeling, or repainted paint not matching the original color, when clearly visible in the photographs.
• Cabin glass with cracks, chips, or scratches declared in the product sheet, which do not compromise the operational safety of the machine.
• Worn, torn, or repaired seats inside the cabin, when documented photographically.

• Minor and previous oil leaks already stopped or of small magnitude, expressly mentioned in the product sheet with an indication of the area and severity.
• Exhaust smoke (white, blue, or black) of the magnitude declared in the product sheet, consistent with the age and hours of the engine.
• Abnormal engine or transmission noises (knocking, crackling, whistling) already present and described in the product sheet.
• Hydraulic components with reduced efficiency compared to original operation, when declared in the product sheet (e.g., slow arm lifting, detected pressure loss).
• Minor electrical malfunctions: non-functioning warning lights, partially inactive onboard instruments, lighting systems with anomalies, when explicitly listed in the product sheet.
• Cabin air conditioning not working or partially faulty, when declared in the product sheet.
• Tires or tracks with advanced wear beyond the threshold of normal use, when the level of wear is declared with measurements or detailed photographs.

• Absence of the original use and maintenance manual, when declared in the product sheet.
• Absence of CE documentation or the machine's identification plate, when declared in the product sheet.
• Absence of secondary accessories not listed as included in the product sheet (e.g., additional buckets, optional quick hitches, remote controls).

For used machines, the legal guarantee of conformity does not cover normal deterioration resulting from the ordinary use of the item, proportional to its age and declared operating hours. This principle is enshrined in Art. 7, paragraph 5, of EU Directive 2019/771 and Art. 130 of Legislative Decree 206/2005. Below we list the categories of wear considered ordinary for agricultural and construction machinery.

• Tires: reduction in tread thickness, micro-cracking on the sidewalls, minor deformations due to repeated loading. The buyer must carefully evaluate the photographs of the tires and request measurements if not present in the sheet.
• Tracks and guide rollers: wear of track plates, reduction in thickness of support roller rubber, gradual loosening of the tensioning system. Normal on excavators and mini-excavators with many working hours.
• Filters: air filter, fuel filter, hydraulic filter, oil filter. These components have a useful life defined by the operating hour and require periodic replacement. The imminent need to replace a filter does not constitute a lack of conformity if the machine has the declared hours.
• Belts and timing chains: gradual wear consistent with the declared operating hours. On machines with many hours, preventive replacement is recommended even in the absence of symptoms.
• Gaskets and hydraulic O-rings: aging and hardening of the material, with the possibility of micro-leaks at low pressure on older machines. Falls within ordinary wear within certain limits.

• Bucket teeth and cutting edges: wear from abrasion of the ground engagement material, reduction in thickness of excavation edges. Normal on excavators and loaders used in environments with abrasive material.
• Bucket tip and attachments: wear of the bucket pivot pin and related bushings, with mechanical play that increases with use. Some play is normal in machines with high hours.
• Loader forks: slight deformation due to repeated loading within the machine's nominal capacity limits. Does not constitute a defect if the forks continue to perform their primary function.

• Starter battery: reduction in charge retention capacity with aging, slower starting at low temperatures. A battery with several years of life may need replacement soon.
• Alternator: reduction in charging efficiency after thousands of hours of operation.
• Electrical cables: hardening of the insulation, oxidized connectors, small interruptions of continuity on secondary electrical branches. Normal on machines with many years of life.

GASPA MACCHINE recognizes and actively encourages the buyer's right to carry out an inspection of the machine before concluding the purchase. This is the most effective form of protection available to the buyer, as it allows for a direct assessment of the actual condition of the item and to ask specific questions to our technical staff.

Anyone intending to purchase a machine is welcome to visit our headquarters at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy, during opening hours (Monday–Saturday, 09:00–18:00 CET) to:

• Visually examine the machine in all its parts, including areas not normally visible in the published photographs.
• Witness the startup and warm operation of the machine carried out by our technical staff.
• Bring along your own trusted technician or mechanic for an independent assessment of the machine's condition. GASPA MACCHINE does not object to independent technical inspections and actively encourages them.
• Request an operational test of the machine under safe conditions, where technically possible.

For buyers who cannot physically reach our headquarters, we offer the following remote inspection methods:

1. Request for additional photographs Contact our team specifying which parts of the machine you wish to examine in more detail. We will take targeted photographs within 2 working days of the request.
2. Startup and operation video Upon request, we produce a startup video of the machine with an external camera and, where possible, with filming of the cabin interior and onboard instruments during warm operation.
3. Real-time video call We can organize a video call session with our technician, during which we show the machine in operation and answer your questions in real time. Contact our team to agree on a date and time.
4. Inspection via third-party expert The buyer can appoint an independent expert of their choice to inspect the machine at our headquarters. We organize access for the expert by prior telephone or e-mail agreement. The cost of the inspection is borne by the buyer but our staff is available for assistance.

The moment of delivery is critical for defining the rights and responsibilities of both parties. A correct acceptance procedure at the time of receiving the machine is in the interest of the buyer and GASPA MACCHINE. Below we describe in detail what happens and what the buyer must do.

Machines are delivered via a courier specialized in heavy load transport, on a flatbed or trailer. Delivery takes place at the street level accessible by the transport vehicle. The courier is not required to bring the machine inside structures or beyond the first area accessible by the vehicle.

• Before signing any document: visually examine the machine on all accessible sides. Compare the physical condition with the photographs in the product sheet and with the list of declared defects.
• Photograph the machine before unloading, with the transport vehicle's flatbed visible, to document the condition at the time of delivery.
• If you detect damage not present in the product sheet photographs and not declared as pre-existing, it is likely that it is damage occurred during transport: immediately note your written reservations on the transport document (CMR or delivery note) before signing for acceptance.
• Verify the presence of all accessories and documentation listed in the product sheet and in the sales contract.

Signing the delivery document without specific reservations has the following legal effects, which it is important to understand before signing:

• Attests that the machine was received in the condition indicated in the transport documentation. Any transport damage detected after signing without reservation is more difficult to assert against the carrier.
• Does not eliminate the legal guarantee of conformity for hidden lack of conformity that was not detectable at the time of delivery with a normal visual inspection.
• Does not eliminate your right to report lack of conformity within the prescribed legal terms (see Section 10).
• Confirms acceptance of aesthetic defects and visible pre-existing conditions already declared in the product sheet, which cannot subsequently be contested as lack of conformity.

In the event of anomalies detected after delivery, we recommend reporting them according to the following timelines to best protect your rights:

Italian and European legislation clearly distinguishes between sales made to private consumers (B2C) and those made to professionals or businesses (B2B). This distinction is fundamental because it determines the degree of legal protection applicable and the margins within which the "as-is" disclaimer produces concrete legal effects.

If you are a private consumer, the following protections apply obligatorily and no contractual clause can eliminate them, under Art. 36, paragraph 2, of the Legislative Decree. 206/2005:

• 2-year legal warranty for undeclared lack of conformity, starting from the date of delivery of the machine.
• Presumption of pre-existence of the defect for the first 12 months from delivery: any defect that manifests within 12 months is presumed to have already been present at the time of delivery, and GASPA MACCHINE must prove otherwise.
• Right to repair, replacement, price reduction, or refund in the event of undeclared lack of conformity.
• Right to termination of the contract in the event of a serious defect that cannot be repaired or replaced within a reasonable time.
• No clause exempting liability for willful misconduct or gross negligence of the seller is valid against the consumer.

If you are a business or a professional purchasing the machine as part of your activity, the contractual relationship is governed mainly by the Italian Civil Code (Art. 1490–1512) and the General Conditions of Sale of GASPA MACCHINE. In this context:

• The "as-is" clauses and warranty limitations for expressly declared defects have full effect.
• The deadline for reporting defects is 8 days from discovery, under penalty of forfeiture of the action (Art. 1495 c.c.), unless otherwise agreed in writing.
• The warranty for redhibitory defects can be contractually limited or excluded by express agreement between the parties, provided that the seller has not concealed known defects in bad faith.
• Even for B2B buyers, GASPA MACCHINE does not exempt itself from liability for hidden defects that it has intentionally concealed.

Even in the presence of a "sold in the condition in which it is found" clause, if a machine sold by GASPA MACCHINE presents an undeclared lack of conformity, i.e., a defect that had not been expressly communicated in the product sheet or in writing before the purchase, the buyer has full right to the following remedies, in order of priority established by law.

The first remedy provided by law is the repair of the lack of conformity at no cost to the buyer. GASPA MACCHINE shall bear the repair costs and, where necessary, the transport costs of the machine for its execution. The repair must be completed within a reasonable period and without causing significant inconvenience to the buyer.

If repair is impossible, excessively burdensome, or is not carried out within a reasonable period, the buyer may request the replacement of the defective machine with another of equivalent value and characteristics available in our catalogue. GASPA MACCHINE shall bear the logistical costs of the replacement.

If neither repair nor replacement is possible or if they are refused under the terms of the law, the buyer may choose between:

• A proportional reduction of the price paid, to an extent corresponding to the decrease in value caused by the unresolved defect.
• The termination of the contract with a full refund of the price paid and return of the machine, under the following conditions: the defect must not be minor, and the machine must be returned in the condition in which it was delivered, subject to normal use in the meantime.

1. Step 1 – Written notification of the defect Send an email to info@gaspa-macchine.com including: order number, detailed description of the defect, date the defect appeared, and documentary photographs or videos. You will receive an acknowledgment of receipt within 1 working day.
2. Step 2 – Assessment of the report Our technical team examines the report and determines whether the reported defect falls under the legal guarantee (not declared as pre-existing), ordinary wear and tear (not covered), or among the declared defects accepted by the buyer. We will communicate the outcome to you within 5 working days of receiving the complete documentation.
3. Step 3 – Proposal of the remedy In the event of a defect recognized as covered by the guarantee, we will propose the available remedy to you in writing (repair, replacement, price reduction) with an indication of the timing and methods of execution.
4. Step 4 – Implementation of the agreed remedy We will execute the remedy within the communicated terms. In the event of a refund or price reduction, the credit will be made using the same original payment method within 14 days of the written confirmation of the remedy.

In addition to the European legal guarantee of conformity (EU Directive 2019/771), each country to which GASPA MACCHINE ships provides specific national provisions that may further extend the buyer's rights compared to an "as-is" sale. Below are the most relevant provisions for each country.

In France, the buyer of a used machine benefits not only from the legal guarantee of conformity, but also from the hidden defects warranty (garantie des vices cachés), established by Art. 1641–1649 of the Code Civil. This warranty applies to hidden defects that make the machine unfit for use or that diminish its utility to such an extent that the buyer would not have concluded the purchase, or would have concluded it at a lower price, if they had known about them. The action is barred after 2 years from the discovery of the defect, regardless of the time of sale. This warranty is separate and additional to the legal guarantee of conformity and cannot be eliminated even by an "as-is" clause.

In Spain, the Real Decreto Legislativo 1/2007 (TRLGDCU), modified by Real Decreto-ley 7/2021 to transpose EU Directive 2019/771, introduced important changes. For used goods, the legal guarantee is 2 years, reducible to 1 year only with an explicit agreement between the parties expressed clearly. The presumption of pre-existence of the defect is 12 months for used goods. Spanish consumers who do not obtain satisfaction can resort to the Sistema Arbitral de Consumo, a dispute resolution service that is free or at very low cost.

Switzerland is not a member of the European Union and Directive 2019/771 does not apply directly there. The warranty for faults and defects is governed by the Swiss Code of Obligations (CO), Art. 197–210. The seller is liable for defects that significantly diminish the value of the item or its fitness for the intended use. The buyer must report defects without delay after their discovery (Art. 201 CO). The warranty lasts 2 years from delivery. Unlike the EU, Switzerland does not provide by law for a presumption of pre-existence of the defect, therefore the burden of proof falls to a greater extent on the buyer.

GASPA MACCHINE limits its liability towards the buyer in the terms indicated below, in absolute compliance with the mandatory rules of law that cannot be derogated from contractually. This limitation of liability applies exclusively to professional buyers (B2B) within the limits permitted by the Civil Code, and does not apply to consumer buyers (B2C) for the minimum rights guaranteed by Legislative Decree. 206/2005.

• Indirect and consequential damages: GASPA MACCHINE is not liable for production losses, lost profits, damage to third parties, rental costs of replacement machines, or any other indirect economic damage resulting from a defect in the purchased machine, unless such exclusion is prohibited by the applicable legislation in the buyer's country.
• Non-compliant use: GASPA MACCHINE is not liable for failures, breakages, or damages caused by using the machine for applications other than those for which it was designed or those indicated in the product sheet, or in violation of the original manufacturer's technical specifications.
• Neglected maintenance: GASPA MACCHINE is not liable for failures resulting from failure to comply with the periodic maintenance plan provided by the original manufacturer of the machine after its delivery to the buyer.
• Unauthorized modifications: GASPA MACCHINE is not liable for failures, damages, or defects caused by technical interventions, modifications, or repairs carried out on the machine by other parties without the prior written authorization of GASPA MACCHINE.
• Ordinary wear and tear: GASPA MACCHINE is not liable for the normal physiological wear and tear of the components described in Section 6 of this document, proportional to the age and declared operating hours.
• Declared defects: GASPA MACCHINE is not liable for defects expressly listed in the product sheet or communicated in writing to the buyer before the conclusion of the contract, as specified in Section 5.

• GASPA MACCHINE can in no case exclude its liability for willful misconduct or gross negligence.
• GASPA MACCHINE cannot exclude its liability for defects that it has deliberately concealed from the buyer.
• Towards consumers, GASPA MACCHINE cannot reduce the minimum legal rights provided for by Legislative Decree 206/2005 and by the national regulations of the destination countries.
• GASPA MACCHINE cannot exclude liability for personal injury caused by defects in the product sold, within the limits of the legislation on product liability (Legislative Decree 206/2005, Part IV).

In the event of a dispute relating to a purchase made from GASPA MACCHINE, we invite you first of all to contact us directly to find an amicable solution. Our priority is customer satisfaction and we always try to resolve any dispute quickly, fairly, and without resorting to formal procedures.

Before starting any formal procedure, please contact us at info@gaspa-macchine.com describing the problem in detail and attaching all available documentation. We undertake to respond within 5 working days and to propose a fair and reasonable solution.

If it is not possible to reach a direct agreement, consumers residing in the European Union have the right to avail themselves of the following procedures:

• European ODR Platform: available at ec.europa.eu/consumers/odr for online disputes between EU consumers and sellers.
• Voluntary mediation: through bodies accredited by the Italian Ministry of Justice pursuant to Legislative Decree 28/2010.
• National ADR bodies: each member country has accredited bodies for alternative resolution of consumer disputes (see country-specific indications in Section 11).
• CCIAA Conciliation: the Sassari Chamber of Commerce offers conciliation services for commercial disputes between businesses and consumers.

For disputes not resolved by alternative means, the competent court is that of the registered office of GASPA S.R.L MACCHINE, namely the Court of Sassari, unless the legislation of the consumer's country of residence provides for exclusive jurisdiction in favor of the consumer's court. In such case, the legal provisions applicable in the consumer's country shall prevail.

Applicable law: the sales contract is governed by Italian law, without prejudice to the mandatory protection rights provided for by the legislation of the country in which European Union consumers reside, where more favorable than Italian law, pursuant to Regulation (EC) No. 593/2008 (Rome I).