Safety and Certification
of Conformity

This Safety and Certification of Conformity Policy is drafted and published by GASPA S.R.L MACCHINE, operating commercially under the name GASPA MACCHINE, with registered office at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy, VAT number IT 03006910909, ATECO code 47.52.40. We can be contacted at +39 377 390 1146 and at the email address info@gaspa-macchine.com, from Monday to Saturday from 09:00 to 18:00 (Italian time CET/CEST).

GASPA MACCHINE is a dealership specializing in the sale of new and used agricultural and construction machinery, including agricultural tractors, mini-excavators, earthmoving machinery, tandem rollers, telehandlers, and other construction and field equipment from brands such as JCB and other European and international manufacturers. Our sales model is exclusively online via the gaspa-macchine.com website, with delivery through carriers specialized in heavy machinery.

This policy applies to all machinery sold through our website and shipped to the following European countries:

This policy transparently outlines our safety standards, applicable certifications, our pre-shipment control procedures, and the regulations governing machinery safety both in Italy and in the countries to which we ship. The goal is to ensure every buyer has maximum clarity on the level of safety and compliance of the machinery they purchase from us.

Machinery placed on the market within the European Economic Area (EEA) is subject to the Machinery Directive 2006/42/EC, implemented in Italy by Legislative Decree 17/2010. This directive establishes the essential health and safety requirements that every machine must meet before being placed on the European market, and its compliance is attested by the CE marking affixed to the machine itself.

When a machine bears the CE mark, the original manufacturer (or their authorized representative in the EU) has declared that such machine:

• Has been designed and built in compliance with the essential health and safety requirements defined by Directive 2006/42/EC (or by specific directives applicable by machine category).
• Is accompanied by a CE Declaration of Conformity issued by the manufacturer, identifying the model, the applied regulatory references, and the harmonized standards followed.
• Has the technical construction file kept by the manufacturer for at least 10 years from the end of production.
• Is equipped with a use and maintenance manual in the language of the country of use or in a language understandable by the operator.

CE marking is a requirement imposed on the manufacturer at the time the machine is placed on the market. For used machinery, the situation depends on the year of manufacture:

• Machinery produced after January 1, 1995: must bear the CE marking and have the relative CE Declaration of Conformity, unless they were built exclusively for the manufacturer's personal use.
• Machinery produced before January 1, 1995: prior to the entry into force of the first Machinery Directive (89/392/EEC), they may not bear the CE marking without this constituting a lack of conformity in itself, provided they comply with the safety standards applicable at the date of their production.
• For used machinery without CE marking (as they were built before 1995), GASPA MACCHINE expressly indicates this circumstance in the product sheet and advises the buyer to verify the local requirements applicable before professional use.

Depending on the type of machine, additional EU directives may apply beyond the Machinery Directive alone. Below are the main ones for the categories of machinery we market:

Non-Road Mobile Machinery (NRMM) such as excavators, telehandlers, and rollers are subject to EU Regulation 2016/1628 (which replaced Directive 97/68/EC) regarding engine exhaust emission limits. This Regulation defines the applicable Stage levels (from Stage I to Stage V) based on engine power and year of production. For used machinery placed on the market for the first time before the entry into force of the most recent Stages, the requirements in force at the time of their original approval apply.

GASPA MACCHINE primarily markets used agricultural and construction machinery. Used machinery requires a different and more complex safety assessment compared to new machinery, as their actual conditions depend on the history of use, the maintenance performed, and the time elapsed since their production. Our safety policy for used machinery is based on three fundamental principles: transparency, documented inspection, and proactive communication.

• Assessment of the condition of each machine: before publishing each listing, our technical staff inspects and verifies the operation of the machine's main safety systems (brakes, steering, ROPS/FOPS systems where present, safety lights, emergency stop controls).
• Honest and detailed description: each product sheet faithfully reports the actual condition of the machine, including any anomalies, aesthetic damage, worn or missing components, and known functional defects. We do not hide pre-existing problems.
• Photographs of the actual state: we publish original photographs of the machine, taken at our premises, documenting the current state without retouching or alterations.
• Availability to provide videos: upon the buyer's request, we are available to provide videos of the machine's operation and to answer any specific technical questions before the conclusion of the purchase.

For machines that require it (tractors, excavators, rollers, telehandlers), the presence and integrity of structural protection systems against rollover and falling objects are fundamental:

• ROPS (Roll-Over Protective Structure): protective structure against rollover, mandatory for tractors and earthmoving machinery under the Machinery Directive and EN standards. GASPA MACCHINE expressly indicates in the product sheet if the machine has a closed cabin with certified ROPS, a two-post ROPS frame, or an open ROPS structure.
• FOPS (Falling Object Protective Structure): protection against falling objects, required for excavators and telehandlers operating on construction sites. GASPA MACCHINE communicates the possible presence and level (Level I or Level II) of FOPS protection in the machine description.
• Seat belts: GASPA MACCHINE verifies the presence of the operator's seat belt and communicates its condition in the product sheet.

Where available, GASPA MACCHINE attaches to the machine documentation the record of maintenance performed and the original manufacturer's use and maintenance manuals. If this documentation is not available for a specific used machine, this circumstance is explicitly stated in the listing. The absence of historical documentation does not necessarily imply safety problems, but it is relevant information that the buyer has the right to know before purchasing.

The machines sold by GASPA MACCHINE belong to different categories, each subject to specific safety standards established by European directives and harmonized technical standards (EN/ISO). Below is a summary of the main standards applicable for each machine category in our catalog.

Before every shipment, GASPA MACCHINE performs a pre-delivery inspection on every machine sold. This process is intended to verify that the machine is in the condition stated in the listing and that it does not present safety criticalities that would prevent its normal operation. Our inspection is documented internally and forms an integral part of the sales process.

1. Engine and starting check Starting the engine and verifying operation under normal operating conditions: oil pressure, operating temperature, absence of abnormal smoke, fluid levels (engine oil, coolant, hydraulic fluid, fuel).
2. Braking and steering systems check Checking the effectiveness of service and parking brakes, verifying steering response and the operation of main directional controls.
3. Hydraulic system check Operational test of the main hydraulic actuators (boom, bucket, lift, forks, etc., depending on the type of machine), verifying the absence of leaks in the main circuits.
4. Protective structures check Visual inspection of the integrity of the ROPS/FOPS cabin (where present), the condition of the seat belt, the guards of moving parts (transmission, PTO shaft, fan), cylinder head protections, and engine covers.
5. Signaling and safety devices check Verifying the operation of reverse acoustic signals, work lights, and luminous maintenance warnings (where present via onboard instrumentation). Verifying the safety labels present on the machine.
6. Photographic documentation of pre-shipment state We take photographs of the machine's condition immediately before shipment. These photographs are archived internally and can be provided to the buyer upon request, for comparison with the state upon receipt.

At the time of delivery, we recommend you perform the following checks before signing any receipt document:

• Immediate external inspection: verify the absence of visible damage caused during transport (dents, breakages, fluid leaks). Do not unload the machine if you detect serious damage that could make it dangerous to handle.
• Written reservations on the transport document: any damage or anomaly detected at the time of delivery must be noted as a reservation on the transport document (CMR or delivery note) before signing. A signature without reservations is equivalent to acceptance of the machine in the condition it is in.
• Documentary photographs: photograph the machine before unloading and during the initial inspection, documenting any anomaly found, with indication of date and time.
• Notification within 48 hours: communicate any damage or anomaly found to us within 48 hours of delivery by sending photographs and a description to info@gaspa-macchine.com or by calling +39 377 390 1146.
• Do not use the machine before inspection: in case of serious damage or safety anomalies found upon delivery, do not use the machine before receiving our operational instructions.

The availability of technical documentation is fundamental for the safe and legal use of a machine. GASPA MACCHINE is committed to delivering to the buyer all available documentation for each machine sold. The content of the documentation is explicitly indicated in each product sheet.

• Original manufacturer's CE Declaration of Conformity: document attesting the machine's compliance with the essential safety requirements of Machinery Directive 2006/42/EC or EU Regulation 167/2013 for tractors. It indicates the applied directives and harmonized standards.
• Manufacturer's use and maintenance manual: original manufacturer's manual with operational instructions, periodic maintenance procedures, machine-specific safety warnings, and technical specifications. Where available, the manual is provided in its original language (usually English or Italian for European models).
• Maintenance record: where available, the booklet with the history of maintenance interventions performed on the machine (services, overhauls, component replacements). This document is particularly relevant for assessing the machine's history.
• Registration document / logbook: for agricultural tractors and registered vehicles, GASPA MACCHINE provides the available registration documentation and informs the buyer about re-registration procedures in the destination country.
• Keys and remote controls: all ignition keys and remote controls available for the machine are delivered to the buyer along with the machine itself.

For some used machines, part of the original documentation may no longer be available due to the age of the machine, ownership history, or losses prior to purchase by GASPA MACCHINE. In these cases:

• We explicitly indicate in the product sheet which documentation is absent (e.g., "manual not available", "without CE Declaration", "without maintenance booklet").
• For agricultural tractors without a registration document, we inform the buyer about the need to start the first registration or re-registration procedure in the destination country before use on public roads.
• For machines without an original CE Declaration of Conformity (mainly very old machines), we advise the buyer to consult a qualified technician in the country of use to assess any necessary fulfillments before professional use.

Agricultural and construction machinery naturally contain various operating fluids and potentially hazardous substances: engine oil, hydraulic oil, coolant, diesel fuel, gearbox oil, lubricating grease and, for some types of machines, special brake or air conditioning system fluids. The correct management of these fluids is relevant for both operator safety and environmental protection.

The EC Regulation No. 1907/2006 (REACH) governs the registration, evaluation, authorization, and restriction of chemical substances within the European Union. The machines we market may contain parts or fluids subject to REACH. GASPA MACCHINE, as a reseller of used machinery, is not directly responsible for the original composition of the fluids present in the machines, but is committed to:

• Communicating to the buyer the type of fluids present in the machine at the time of sale (e.g., presence of mineral hydraulic oil, residual fuel, antifreeze liquid), where detectable during the pre-delivery inspection.
• Reporting in the product sheet any fluid leaks known at the time of sale, indicating their nature and approximate location.
• Providing, upon the buyer's request, the Safety Data Sheets (SDS) of the most common fluids used in the machines, or directing the buyer to the fluid manufacturers to obtain the original SDS.

The buyer is responsible for the correct and legal disposal of waste fluids (engine oil, hydraulic oil, coolant, fuel) and replacement components in compliance with the environmental regulations in force in the country of use. In all countries to which we ship, the disposal of waste machinery fluids is governed by specific regulations:

Work machinery and agricultural machinery are subject to specific regulations regarding noise emissions into the environment and exhaust gas emissions. These regulations are relevant for both operator safety and compatibility with local noise and air quality standards.

The Directive 2000/14/EC (relating to the environmental noise emissions of equipment for use outdoors) establishes the maximum guaranteed sound power levels for various categories of work machinery, including excavators, rollers, telehandlers, and tractors. Machines compliant with this directive bear the guaranteed sound power level (in dB(A)) indicated on a label affixed to the machine itself and reported in the CE Declaration of Conformity.

• For new machines subject to Directive 2000/14/EC, GASPA MACCHINE indicates the guaranteed sound power level in the product sheet where available.
• For used machines, the original noise emission values are those declared by the manufacturer at the time of placement on the market. The current mechanical conditions of the machine can influence the actual noise level in operation.

The EU Regulation 2016/1628 defines the emission levels (Stages) for engines used in non-road mobile machinery (NRMM). Stage levels range from Stage I (pre-2000) to Stage V (from 2019 onwards) and differ based on engine power. Compliance with the applicable Stage level is attested in the engine approval, reported in the machine's CE Declaration of Conformity.

The purchase of an agricultural or construction machine entails, for the buyer, specific safety responsibilities that vary depending on the context of use (personal use, professional use, use as an employer with employees). GASPA MACCHINE provides this information in the interest of operator safety and in compliance with current regulations, without this transferring any responsibility from GASPA MACCHINE to the buyer for defects attributable to the machine sold.

• Agricultural tractors: in Italy, driving on the road requires a category B driving license (or higher for larger machines) and, for professional use, the possible obligation of specific training under Legislative Decree 81/2008 and the State-Regions Agreement of February 22, 2012. Equivalent national regulations apply in other destination countries.
• Mini-excavators and earthmoving machinery: in Italy, for professional use, mandatory training for earthmoving machinery operators is required under the State-Regions Agreement of February 22, 2012. A similar obligation exists in all other EU countries to which we ship, with equivalent national regulations.
• Telehandlers: in Italy, professional use requires specific training for forklift operators, under the State-Regions Agreement of February 22, 2012 (Macro-activity F – Mobile elevating work platforms). Equivalent regulations are in force in all destination countries.
• Rollers: in a professional context, the roller operator must be trained in accordance with the occupational health and safety regulations in force in the country of use.

Agricultural tractors operating on public roads must be registered in the country of use and comply with the type-approval requirements set out in EU Regulation 167/2013. The buyer is responsible for:

• Initiating the re-registration procedure in the destination country with the competent authorities (in Italy: Motorizzazione Civile / MIT), submitting the documentation of origin provided by GASPA MACCHINE.
• Taking out third-party liability insurance (RCA) required for the tractor to operate on public roads, in accordance with the regulations in force in the country of use.
• Verifying that the machine meets the technical requirements for road circulation in the destination country (lights, reflectors, brakes, maximum speed indicators, etc.) before use on public roads.

Proper periodic maintenance is essential to keep the machine in safe operating condition over time. The buyer is responsible for having ordinary and extraordinary maintenance carried out on the machine in accordance with the instructions in the manufacturer's operating and maintenance manual. Failure to maintain the machine not only reduces its useful life, but can create hazardous conditions for the operator and third parties.

GASPA MACCHINE guarantees the possibility of return and refund in all cases provided for by law, with the following policies specifically applicable also to cases where returns are motivated by safety problems or non-conformity of the delivered machine.

For buyers acting as private consumers (natural persons purchasing outside a professional activity), the right of withdrawal provided for by EU Directive 2011/83/EU, transposed in Italy by Legislative Decree 206/2005, Articles 52–58, applies. The consumer has the right to withdraw from the purchase contract within 14 calendar days from the date of delivery of the machine, without having to provide any reason.

• Withdrawal must be communicated in writing before the expiry of the 14-day period from delivery, by e-mail to info@gaspa-macchine.com or by any other unequivocal written communication.
• The machine must be returned in substantially equivalent condition to that at delivery. Limited use for evaluation of the machine does not prejudice the right of withdrawal, but significant use of the machine may result in a proportional reduction of the refund as a deduction for the decrease in value caused by use.
• The costs of returning the machine are borne by the buyer, unless the withdrawal is motivated by a defect of conformity or a non-correspondence of the machine to the description.

GASPA MACCHINE will proceed with a full refund of the price paid within 14 working days from receipt of the returned machine at our premises in Sassari, subject to verification of its condition. The refund will be issued using the same payment method used for the original purchase, unless otherwise agreed in writing. No fees or deductions are applied to the buyer for the refund itself.

Regardless of the 14-day period for ordinary withdrawal, the buyer has the right to return the machine and obtain a full refund in the following situations related to safety or conformity:

• Non-correspondence to description: the machine received does not correspond to the model, year of production, essential technical specifications or safety systems indicated in the sales advertisement.
• Undeclared safety defects: the machine has mechanical or structural defects that compromise operator safety and that were not declared by GASPA MACCHINE before the purchase was concluded.
• Absence of essential documentation declared as available: if the advertisement indicated the availability of specific documentation (CE Declaration, manual, registration certificate) that is not then delivered with the machine.
• Damage occurred during transport: significant damage caused during transport that was not present at the time of collection by the carrier, documented with reservations on the transport document and photographs at the time of delivery.

In addition to the EU harmonization regulations that apply uniformly in all Member States (Machinery Directive 2006/42/EC, NRMM Regulation, etc.), each country to which we ship has specific national regulations on occupational safety, approval of agricultural vehicles, operator health and consumer protection. Below is a summary of the main relevant national provisions for each destination country.

In Italy, the use of work machinery in a professional context is governed by Legislative Decree 81/2008 (Consolidated Occupational Safety Act), which imposes on the employer the obligation to use only work equipment compliant with safety requirements, to train operators and to maintain machinery in efficient condition. Machinery Directive 2006/42/EC is transposed by Legislative Decree 17/2010. For agricultural tractors on public roads, RCA insurance coverage and registration with the Motorizzazione Civile are required. The supervisory body is INAIL for workplace accidents and the ASL for safety inspections.

In Austria, occupational safety is governed by the ArbeitnehmerInnenschutzgesetz (ASchG) and the Maschinensicherheitsverordnung (MSV) which transposes the Machinery Directive. Agricultural tractors on public roads require registration and RCA insurance coverage. The supervisory body for machinery safety is the Arbeitsinspektorat (Labour Inspectorate). For Austrian buyers, consumer law is governed by the Verbrauchergewährleistungsgesetz (VGG) 2022, which provides for the extension of the presumption of pre-existence of the defect to 12 months from delivery.

In Finland, machinery safety is regulated by Laki eräiden teknisten laitteiden vaatimustenmukaisuudesta (1016/2004) and the transposition provisions of the Machinery Directive. Occupational safety is governed by Työturvallisuuslaki (738/2002). The supervisory body is Tukes (Turvallisuus- ja kemikaalivirasto), the authority for product safety. Finnish consumers are protected by the Kuluttajansuojalaki and can contact the Kuluttajariitalautakunta for disputes.

In France, machinery safety is regulated by the Code du travail (articles R4312-1 et seq.) and Décret n° 2008-1156 which transposes the Machinery Directive. Agricultural tractors on public roads must be registered and insured. The supervisory body is the Direction régionale de l'économie, de l'emploi, du travail et des solidarités (DREETS). For consumer disputes, the médiateur de la consommation service and the ADR platform of the Commission de la médiation de la consommation (CMC) are available.

In Germany, product and machinery safety is governed by the Produktsicherheitsgesetz (ProdSG) and the 9. ProdSV (ninth product safety ordinance) which transposes the Machinery Directive. Occupational safety with machinery is regulated by the Betriebssicherheitsverordnung (BetrSichV). The professional safety standards of trade associations (DGUV-Vorschriften) apply in the workplace. The supervisory body for product safety is the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (BAuA).

In the Netherlands, machinery safety is governed by the Warenwetbesluit machines which transposes the Machinery Directive, and the Arbeidsomstandighedenwet (Arbowet) for occupational safety. The supervisory body is the Nederlandse Voedsel- en Warenautoriteit (NVWA) for product safety and the Inspectie SZW for occupational safety. Agricultural tractors must be type-approved under EU Regulation 167/2013 and registered with the RDW.

In Poland, machinery safety is governed by the Ustawa o systemie oceny zgodności and the transposition of the Machinery Directive through the Rozporządzenie Ministra Gospodarki w sprawie zasadniczych wymagań dla maszyn. Occupational safety is regulated by the Kodeks pracy and the standards of the Urząd Dozoru Technicznego (UDT) for technical equipment subject to technical supervision. Polish consumers are protected by the Urząd Ochrony Konkurencji i Konsumentów (UOKiK).

In Romania, machinery safety is governed by HG nr. 1029/2008 (transposition of the Machinery Directive) and Legea nr. 245/2004 on general product safety. Occupational safety is regulated by Legea nr. 319/2006 (Law on Occupational Health and Safety). The supervisory body for product safety is the Autoritatea Națională pentru Protecția Consumatorilor (ANPC). For professional use, technical supervision is entrusted to ISCIR (Inspecţia de Stat pentru Controlul Cazanelor, Recipientelor sub Presiune şi Instalaţiilor de Ridicat) for certain categories of lifting equipment.

In Spain, machinery safety is governed by Real Decreto 1644/2008 (transposition of Machinery Directive 2006/42/EC) and Ley 31/1995 de Prevención de Riesgos Laborales with the related Real Decreto 1215/1997 on work equipment. The supervisory body is the Instituto Nacional de Seguridad y Salud en el Trabajo (INSST). Agricultural tractors on public roads require type-approval under EU Regulation 167/2013 and registration. Note: since 2022, the legal guarantee for new goods in Spain is 3 years.

Switzerland is not an EU member but has adopted technical regulations substantially equivalent to the Machinery Directive through the Ordinance on Technical Products (RS 819.14 – Maschinenverordnung, MaschV), which entered into force in 2010 and has been updated with subsequent revisions. Occupational safety is governed by the Federal Law on Accident Insurance (LAINF, RS 832.20) and the standards of SUVA (Caisse nationale suisse d'assurance en cas d'accidents). For agricultural tractors on public roads, registration with the Canton of residence is required. Conformity with the CE mark is recognized in Switzerland as equivalent to conformity with Swiss regulations for machinery, by virtue of the CH-EU bilateral agreements on technical barriers to trade.

GASPA MACCHINE considers complaints relating to the safety of machinery an absolute priority. If you encounter a safety issue with a machine purchased from us, following the procedure described in this section ensures a rapid and effective response.

1. Step 1 – Stop using the machine immediately In the event of a serious safety anomaly (loss of machine control, structural failure, loss of hazardous fluids, brake failure, hydraulic system failure causing load drop), immediately stop using the machine and position it in a safe place away from people and structures. Do not restart the machine until you have received technical instructions from us.
2. Step 2 – Document the anomaly Photograph or record the problem encountered in as much detail as possible. Note the circumstances in which the problem occurred: type of use, ground or site conditions, operating hours since delivery, any warnings or signals that appeared before the failure.
3. Step 3 – Contact GASPA MACCHINE immediately Send the report to info@gaspa-macchine.com with the subject "SAFETY COMPLAINT – [order number]", or call +39 377 390 1146 during office hours (Mon–Sat 09:00–18:00 CET). For issues that arise outside office hours, send the e-mail with photographs and you will be contacted as soon as possible on the next working day.
4. Step 4 – Technical evaluation of the complaint We will analyze your report within 2 working days from receipt of complete documentation. In the event of serious safety issues, our response will be prioritized. We may request additional information or arrange a technical video call to assess the problem remotely.
5. Step 5 – Implementation of the remedy Based on the outcome of the technical evaluation, we will propose the most appropriate remedy: sending a technician, shipping replacement components, collection and repair of the machine, replacement or refund. Each remedy is formalized in writing and implemented within the communicated timeframes.

GASPA MACCHINE is committed to resolving any dispute related to the safety, conformity or quality of the machines sold in an amicable and priority manner. In the event of failure to reach a direct agreement, consumers resident in the EU may avail themselves of the following options:

• European ODR Platform: ec.europa.eu/consumers/odr for cross-border online disputes.
• National ADR bodies: consumers in each country can contact the accredited alternative dispute resolution bodies in their own country (see Section 11 for country-specific references).
• Competent court: in the event of legal proceedings, the competent court is the Court of Sassari (Italy), without prejudice to the fact that consumers resident in the EU are subject to the more favorable legal provisions of their country of residence, including the rules on jurisdiction for consumer protection.
• Applicable law: the sales contract is governed by Italian law, without prejudice to the consumer's right to benefit from the more favorable mandatory protection provisions of their country of residence.