Video Inspection Guarantee and Technical Specifications

This Video Inspection Guarantee and Technical Specifications Policy is issued by GASPA S.R.L MACCHINE, operating under the trade 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.

GASPA MACCHINE is a dealership specializing in the sale of new and used agricultural and construction machinery. Our catalog includes agricultural tractors, mini-excavators, telescopic handlers, tandem rollers, earthmoving machinery, wheel loaders, and construction equipment from brands such as JCB and other leading European and international manufacturers. The majority of the machines we handle are used and in operational condition, with varying years and working hours for each unit.

This policy applies to all orders placed through the official website gaspa-macchine.com and covers:

• Every private buyer (consumer as defined by Legislative Decree 206/2005 and EU Directive 2019/771) purchasing for personal or non-commercial professional use.
• Every professional buyer (company, sole proprietorship, self-employed professional) using the machine in the course of their business activity.
• All orders with delivery destination in the countries where GASPA MACCHINE ships: Italy, Austria, Finland, France, Germany, the Netherlands, Poland, Romania, Spain, and Switzerland.

The Video Inspection Guarantee is a formal commitment that GASPA MACCHINE makes to every buyer: before the conclusion of the sale and before shipment, every machine in our inventory undergoes a visual and functional inspection documented on video. This material is made available to the customer upon request or published directly in the product listing.

Since the majority of our machines are large used equipment — including JCB excavators, telescopic handlers, tractors, and rollers — we consider it essential to ensure that the images and descriptions in our online catalog faithfully correspond to the actual condition of the machine at the time of sale. The Video Inspection Guarantee addresses this need with concrete, visible, and documented verification.

• Pre-purchase transparency: allow the buyer to see the machine in operation and in every detail before committing to the purchase, eliminating any uncertainty about the actual condition of the equipment.
• Conformity to description: ensure that the technical specifications declared in the listing — working hours, year of manufacture, brand, model, condition — correspond exactly to what is verifiable in the inspection video.
• Dispute prevention: create a shared reference document between seller and buyer on the condition of the machine at the time of sale, useful in case of subsequent dispute after delivery.
• Regulatory compliance: comply with pre-contractual information obligations provided by Legislative Decree 206/2005 (Consumer Code), EU Directive 2011/83/EU (on consumer rights in distance contracts), and equivalent regulations in the countries of delivery.

The Video Inspection Guarantee and the Guarantee on Technical Specifications apply to all categories of machines in the GASPA MACCHINE catalog. Below is the classification of the equipment handled, with the inspection specificities of each category.

The vast majority of machines for sale at GASPA MACCHINE are used equipment. Previous use is always documented in the sales listing through the indication of the year of manufacture and the working hours recorded on the machine's hour meter. The buyer must bear in mind that:

• Used machines may show normal signs of wear, cosmetic scratches, paint wear, and minor dents that do not affect operational functionality. These elements are visible in the inspection video and do not constitute defects of conformity.
• The functional condition of the machine (engine, transmission, hydraulics, lifting systems) is documented in the inspection video and corresponds to the specifications declared in the listing.
• For used machines, the minimum legal guarantee of conformity applicable in many EU countries is 1 year from delivery, unless specific agreements with the buyer or more favorable national regulations (see Section 12).
• The number of working hours indicated is that recorded on the hour meter at the time of inspection. A minor variation compared to the time of delivery, due to any movements or start-up tests, does not constitute a contractual discrepancy.

Every inspection video produced by GASPA MACCHINE follows a structured protocol, designed to cover all relevant aspects of the machine for sale. The video is recorded by our technicians at our headquarters or depot, with date and time visible on the recording, and is made available to the buyer before order confirmation.

Upon explicit request from the buyer, our technicians can extend the inspection video to include:

• Specific tests on optional equipment or accessories included in the sale (additional buckets, quick couplers, forks, hydraulic hammers).
• Reading of error codes stored in memory via diagnostic instrumentation.
• Verification of levels of all operating fluids (hydraulic oil, transmission oil, brake fluid, steering fluid).
• Tire pressure measurement for wheeled machines.
• Load or lifting test, where technically feasible in safety.

GASPA MACCHINE guarantees that every technical specification reported in the sales listing of a machine corresponds to the actual and verifiable characteristics of the equipment. This guarantee concerns the primary technical data that determine the commercial value and suitability for use of the machine.

GASPA MACCHINE is committed to providing, together with each machine sold, all available technical and administrative documentation. The availability of each document depends on the history of the machine and the country of original origin; any missing document is explicitly indicated in the sales listing before purchase.

• Registration document / Vehicle registration certificate: official document certifying the identity of the machine, serial number, date of first registration, and previous registered owner.
• Original manufacturer's operator manual: in original language or in Italian, containing instructions for safe use, routine maintenance, and official technical specifications of the machine.
• Maintenance manual: where available, documents scheduled maintenance interventions (services, overhauls, component replacements) performed during the operational life of the machine.
• EC Declaration of Conformity: for machines originally marketed in the European Union, the EC declaration certifies conformity with the essential safety requirements of Machinery Directive 2006/42/EC.
• Invoice or tax sales document: issued by GASPA S.R.L MACCHINE at the conclusion of the transaction, compliant with Italian tax requirements (Presidential Decree 633/1972 and subsequent amendments).
• Transport document (DDT): accompanies the machine during transport, certifying delivery to the carrier and identifying data of the load.
• Any overhaul or inspection certificates: if the machine has undergone certified technical overhaul by an authorized workshop, the overhaul report is included in the sales documentation.

For some older used machines or of extra-European origin, certain documents may not be available. In these cases:

• The absence of one or more documents is explicitly indicated in the sales listing, before the buyer proceeds with the order.
• GASPA MACCHINE provides, in replacement or in addition, a signed substitute declaration certifying the known data on the machine (year, hours, condition) and the origin of the asset.
• The sale price of machines with incomplete documentation reflects this condition and is determined accordingly.

Requesting the inspection video for a machine of interest is simple and free. GASPA MACCHINE actively encourages every potential buyer to view the available video material before proceeding with the purchase. Below is the step-by-step procedure.

Upon receipt of the machine, the buyer has the right and interest to carry out an accurate verification of the delivered equipment. GASPA MACCHINE encourages this verification and provides the following operational instructions to perform it correctly, to protect both parties.

• At the time of delivery: immediate visual inspection Before signing the delivery note to the carrier, visually examine the exterior of the machine for any transport damage (new dents, broken components, fluid leaks). If you detect damage clearly caused by transport, note it in writing on the delivery note and photograph it immediately. Inform GASPA MACCHINE within 24 hours of delivery.
• Within 48 hours: verification of correspondence with the inspection video Review the inspection video received before purchase and compare what is shown with the delivered machine. Verify in particular: hour meter reading, presence and operation of declared accessories, cosmetic condition of the cab and external structures. Any discrepancy detected compared to what is shown in the video must be communicated to GASPA MACCHINE within 48 hours of delivery.
• Within 7 days: operational functional verification Perform an operational test of the machine within the first 7 days of delivery. Verify engine start-up, operation of hydraulic systems, transmission, and all systems declared operational in the video. Any functional defects not detectable during visual inspection must be reported within 7 working days of delivery.
• Within 14 calendar days: exercise of the right of withdrawal Pursuant to Legislative Decree 206/2005 (Art. 52 et seq.), Art. 9 of EU Directive 2011/83/EU, and equivalent regulations in the countries of delivery, the consumer who has purchased remotely (online) has the right to withdraw from the contract within 14 calendar days from the date of delivery of the machine, without the need to provide any reason (see Section 9 for the complete procedure).
• Reporting defects of conformity: up to 12-24 months from delivery Any defects of conformity that manifest subsequently can be reported to GASPA MACCHINE within the terms of the applicable legal guarantee (see Sections 5 and 12). For the first 12 months from delivery, there is a presumption of pre-existence of the defect, reversing the burden of proof in favor of the buyer.

GASPA MACCHINE fully recognizes and respects the right of withdrawal of consumers provided by Italian and European regulations for distance contracts. Below are described in detail the applicable conditions and procedures.

The consumer who has purchased a machine through the website gaspa-macchine.com has the right to withdraw from the sales contract within 14 calendar days from the date on which the machine was physically delivered, without the need to provide any reason. This right is established by:

• Art. 52 et seq. of Legislative Decree 206/2005 (Italian Consumer Code) for buyers resident in Italy.
• Art. 9 of EU Directive 2011/83/EU (transposed in all EU destination countries) for buyers resident in other European countries of delivery.
• Equivalent regulations in force in Austria, Finland, France, Germany, the Netherlands, Poland, Romania, and Spain.

To exercise the right of withdrawal, the buyer must communicate their decision to GASPA MACCHINE within the 14-day period from delivery, using one of the following methods:

• By sending an explicit declaration of withdrawal via email to info@gaspa-macchine.com, indicating: full name, order number, machine description, delivery date, and reason for withdrawal (optional but useful).
• Through the contact form available at gaspa-macchine.com/resi-e-rimborsi/.
• By phone at +39 377 390 1146 during opening hours (Monday–Saturday, 09:00–18:00 CET), followed by written confirmation via email.

After communicating the withdrawal, the buyer must return the machine to GASPA MACCHINE within 14 calendar days from the communication of withdrawal. The conditions applicable to the return are:

• The machine must be returned in the same condition in which it was delivered, with the same wear documented in the inspection video and without additional damage caused by non-ordinary use or negligence.
• The machine must be accompanied by all technical and administrative documentation received at the time of delivery (manual, handbook, invoice, etc.).
• The return costs (transport of the machine to and from the GASPA MACCHINE depot in Sassari) are borne by the buyer, unless otherwise agreed or unless the withdrawal is motivated by a defect of conformity attributable to GASPA MACCHINE.

Following receipt of the returned machine and verification of its condition, GASPA MACCHINE proceeds with the refund of the amount paid by the buyer within 14 working days from the date of receipt of the returned machine. The refund is made:

• Using the same payment method used for the purchase (bank transfer, credit/debit card, or other method confirmed during the ordering phase), unless otherwise agreed in writing with the buyer.
• For the full amount paid, including any original shipping costs paid by the buyer at the time of the order, if the withdrawal is motivated by a lack of conformity attributable to the seller.
• Net of return costs (borne by the buyer in cases of withdrawal not motivated by defects), if not already deducted during the return phase.

If, upon delivery of the machine, the buyer detects a significant discrepancy between the technical specifications declared in the advertisement (or shown in the inspection video) and the real conditions of the delivered machine, this constitutes a lack of conformity pursuant to EU Directive 2019/771 and Legislative Decree. 170/2021.

• The actual working hours recorded on the hour meter deviate significantly (over 50 hours) from those declared in the advertisement, beyond normal post-inspection variation.
• The delivered machine does not correspond to the exact model or year of manufacture declared in the advertisement.
• Systems declared as functional in the inspection video are found to be non-functional or seriously defective upon delivery, for reasons not attributable to transport.
• Accessories or equipment explicitly declared as included in the sale are missing upon delivery.
• The machine presents structural or mechanical damage not shown in the inspection video and not attributable to transport damage occurring during shipping.

• Document the discrepancy Photograph and film the delivered machine, specifically highlighting the discrepancy detected compared to the inspection video. Note the hour meter reading and any identified non-conformity.
• Contact GASPA MACCHINE within 48 hours Send a written communication to info@gaspa-macchine.com attaching photos and videos of the discrepancy, the order reference, and a precise description of the problem detected.
• Response from GASPA MACCHINE within 5 working days Our team will analyze the report, compare the original inspection video with the documentation provided by the buyer, and respond with a written assessment within 5 working days of receiving the report.
• Agreed resolution In the event of a confirmed discrepancy, GASPA MACCHINE proposes one of the following solutions: replacement of the machine with an equivalent one, an agreed price reduction, technical intervention at the seller's expense, or return with a full refund within 14 working days. The choice of remedy rests primarily with the buyer.

The Video Inspection Warranty and the Technical Specifications Warranty of GASPA MACCHINE specifically concern the correspondence between the contractual description of the machine and its real state at the time of sale. However, there are conditions and limitations that precisely define the boundaries of this warranty, in the interest of maximum clarity and transparency towards the buyer.

• The correspondence between the technical specifications declared in the advertisement and the real verifiable characteristics of the machine at the date of the video inspection.
• The correct functioning of the systems declared as operational in the inspection video (engine, hydraulics, transmission, steering, brakes).
• The presence and condition of accessories and equipment declared as included in the sale.
• The machine's identity: make, model, year of manufacture, and serial number corresponding to what was declared.

• Normal wear of consumable components: oil filters, air filters, fuel filters, timing belts, tires, tracks, gaskets, brake pads, and other components subject to normal operational wear are not covered by the technical warranty, unless their condition has been explicitly declared in the listing as "new" or "just replaced".
• Failures after delivery due to improper use: damage or malfunctions caused by use not in accordance with the manufacturer's specifications, by loads exceeding the rated capacity, by lack of routine maintenance, or by tampering with the systems.
• Damage from external events: damage caused by accidents, overturning, flooding, fire, lightning, vandalism, or any external event not attributable to the pre-existing conditions of the machine at the time of sale.
• Minor cosmetic differences: small color differences between the machine and the images in the listing, due to lighting conditions at the time of photography or video recording, do not constitute defects of conformity.
• Transport damage not reported upon delivery: damage caused during transport that has not been noted on the delivery note and reported to GASPA MACCHINE within 24 hours of delivery. Such damage falls under the responsibility of the transport company and must be reported at the time of delivery.
• Aspects not shown in the inspection video: conditions of components not inspected and not shown in the video, for which no specific declaration has been provided in the listing, are not covered by the declarative technical warranty.

The Video Inspection Warranty and the Technical Specifications Warranty apply in addition to and not in replacement of the legal rights that each buyer enjoys under the regulations of their country of residence. Below we provide the specific regulatory provisions applicable in each country to which GASPA MACCHINE ships, with particular reference to rights related to the conformity of the equipment to the declared specifications.

In Italy, the buyer is protected by Legislative Decree 206/2005 (Consumer Code) and Legislative Decree 170/2021. For used goods, the parties may agree on a reduced warranty period, but not less than 1 year from delivery. The consumer who detects a non-conformity between the declared specifications and the machine received may demand repair, replacement, proportional price reduction, or contract termination, depending on the severity. A defect reported within the first 12 months is presumed to have existed prior to delivery.

In Austria, the consumer is protected by the Konsumentenschutzgesetz (KSchG) and the Verbrauchergewährleistungsgesetz (VGG) of 2022. The presumption of pre-existing defect has been extended to 12 months from delivery. The consumer may contact the Schlichtung für Verbrauchergeschäfte for alternative dispute resolution, at no additional cost.

In Finland, consumer protection is governed by the Kuluttajansuojalaki. The Finnish consumer who detects a discrepancy between the declared specifications and the delivered machine may contact Kuluttajaneuvonta for free assistance and the Kuluttajariitalautakunta for alternative dispute resolution.

In France, the consumer benefits from the garantie légale de conformité (Art. L217-1 et seq. of the Code de la Consommation) and the garantie des vices cachés (Art. 1641 et seq. of the Code Civil). The latter allows action for hidden defects within 2 years from discovery of the defect, even when it predates the sale. The warranty against hidden defects is particularly relevant for used machines with defects not evident at the time of delivery. The national consumer mediator (médiateur de la consommation) is available for pre-judicial disputes.

In Germany, the legal warranty (gesetzliche Gewährleistung) is governed by the Bürgerliches Gesetzbuch (BGB) as amended by the Kaufrechtsumsetzungsgesetz of 2022. For used goods sold to consumers, the parties may contractually reduce the warranty to 1 year, but no further. The presumption of pre-existing defect lasts 12 months from delivery. German consumers may resort to the Universalschlichtungsstelle des Bundes for extrajudicial dispute resolution.

In the Netherlands, the legal warranty is governed by the Burgerlijk Wetboek (BW), Book 7. The Dutch consumer who receives a machine not conforming to the declared specifications may use the services of De Geschillencommissie for rapid and low-cost alternative dispute resolution.

In Poland, protection is governed by the Kodeks cywilny and the Ustawa o prawach konsumenta. The Polish consumer may report unfair practices to the Urząd Ochrony Konkurencji i Konsumentów (UOKiK) and resort to the Stały Polubowny Sąd Konsumencki for alternative dispute resolution.

In Romania, consumer protection is governed by OUG nr. 140/2021 and Legea nr. 449/2003. The competent protection authority is the Autoritatea Națională pentru Protecția Consumatorilor (ANPC), to which the consumer may report any non-conformity between the declared specifications and the machine received.

In Spain, the consumer benefits from enhanced protections under Real Decreto Legislativo 1/2007 (TRLGDCU), amended in 2021. For new machines, the legal warranty is 3 years; for used ones it may be reduced to 1 year. The presumption of pre-existing defect is 24 months from delivery, the longest among GASPA MACCHINE's delivery countries. The Spanish consumer may resort free of charge to the Sistema Arbitral de Consumo.

Switzerland is not a member of the European Union; the legal warranty for defects is governed by the Code of Obligations (CO), Art. 197–210. The duration is 2 years from delivery. There is no automatic legal presumption of pre-existing defect, but the Swiss consumer may contact the Konsumentenforum kf or cantonal consumer protection organizations for assistance in disputes.

In the event of a dispute relating to a discrepancy between the declared technical specifications and the machine received, or more generally relating to any purchase made from GASPA MACCHINE, we invite you to contact us directly in the first instance. Our priority is buyer satisfaction and the rapid resolution of any issue.

The first step is always direct contact with GASPA MACCHINE at info@gaspa-macchine.com, describing the problem in detail and attaching all available documentation (photos, videos, order reference). We undertake to respond within 5 working days of receiving the report and to propose a fair and concrete solution.

If it is not possible to reach a direct agreement, consumers residing in the European Union may use the following procedures:

• European ODR Platform: for online disputes, accessible at ec.europa.eu/consumers/odr.
• National ADR bodies: each member country has accredited bodies for alternative consumer dispute resolution (see Section 12 for country-specific references).
• Voluntary mediation: through bodies accredited by the Italian Ministry of Justice, pursuant to Legislative Decree. 28/2010.

For disputes not resolved amicably or alternatively, the competent court is that of the registered office of GASPA S.R.L MACCHINE, namely the Court of Sassari. However, consumers residing in another European Union country are still subject to the mandatory consumer protection provisions provided by the law of their country of residence, where more favorable than Italian law, pursuant to EU Regulation Rome I (593/2008).

Applicable law: the sales contract is governed by Italian law, without prejudice to compliance with the mandatory consumer protection rules of the buyer's country of residence where applicable.