Warranty and Consumer Protection

This Warranty and Consumer Protection Policy is issued by GASPA S.R.L MACCHINE, operating commercially under the brand name 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.

GASPA MACCHINE is a dealership specializing in the sale of new and used agricultural and construction machinery, including agricultural tractors, mini-excavators, earthmoving equipment, tandem rollers, telescopic handlers, and construction equipment. We sell and ship our products throughout Europe, with deliveries to the following countries:

This policy applies to all purchasers who place an order through the website gaspa-macchine.com and governs the legal and commercial warranty rights applicable to purchased machinery. The provisions contained herein comply with Legislative Decree No. 206/2005 (Consumer Code), Legislative Decree No. 170/2021 (implementing EU Directive 2019/771 on the sale of goods), and the regulations in force in the countries of delivery.

As a seller based in the European Union, GASPA MACCHINE is required by law to provide all consumers with a legal guarantee of conformity on every machine sold. This right is established by EU Directive 2019/771, implemented in Italy by Legislative Decree 170/2021, and cannot be excluded, limited, or replaced by any contractual clause.

A machine is considered to conform to the sales contract when:

• It matches the description, model, and technical specifications indicated in the sales listing.
• It is suitable for the ordinary use for which machines of the same type are intended.
• It is suitable for the specific use communicated by the purchaser before the conclusion of the contract.
• It possesses the qualities and functional characteristics that the purchaser could reasonably expect.
• It is delivered with all accessories, technical documentation, keys, and equipment listed in the sales contract.

The legal warranty period begins from the date of delivery of the machine to the purchaser. Delivery is evidenced by the signed transport document or the machine collection receipt.

The minimum duration of the legal guarantee of conformity varies according to the purchaser's country of residence and the type of goods (new or used). The following table summarizes the applicable duration in each country to which GASPA MACCHINE ships, with references to the local regulations in force.

GASPA MACCHINE primarily sells used agricultural and construction machinery (tractors, excavators, telescopic handlers, tandem rollers, mechanical shovels). The sale of used goods is subject to special provisions that are essential to understand before purchase.

Every used machine for sale on the website gaspa-macchine.com is accompanied by a detailed description of its actual condition, including:

• Year of manufacture and declared mileage or operating hours.
• Any visible defects, natural wear, and pre-existing cosmetic imperfections, clearly stated in the product listing.
• Available technical documentation (user and maintenance manual, maintenance log, CE certificate of conformity where available).
• Make and model with original manufacturer's technical specifications.

For used machinery, the legal guarantee of conformity does not cover defects, wear, and imperfections that were expressly declared and described in the product listing before the conclusion of the sales contract, or that result from normal use of the goods in relation to their age and declared kilometers or hours of use.

Despite the used nature of the goods, GASPA MACCHINE guarantees that every machine sold:

• Is functional and operational at the time of delivery, except for defects explicitly declared as "to be repaired" or "for parts".
• Corresponds in essential technical characteristics to what is described in the sales listing.
• Does not present hidden defects of conformity not disclosed to the purchaser before purchase.
• Is delivered with all accessories and documentation listed in the listing.

The legal guarantee of conformity covers defects that existed at the time of delivery and that become apparent within the applicable warranty period. The following are the main defects covered by this warranty.

• Failures of the engine, transmission, hydraulics, or electrical systems that pre-existed and were not declared in the sales listing.
• Malfunction of the main driving, lifting, or digging controls not evident at the time of purchase.
• Fluid leaks (hydraulic oil, coolant) resulting from defective internal components not visible at the time of purchase.
• Malfunction of the braking system or steering compared to the declared operating conditions.

• The machine received does not correspond to the model, year of manufacture, or technical specifications indicated in the listing.
• Accessories or components indicated as included in the listing are missing at the time of delivery.
• The declared mileage or operating hours differ significantly from the actual figures detectable from the machine's instrumentation.

• Structural or mechanical damage caused during transport to the purchaser's destination, which was not present at the time of collection by the carrier.
• Component breakage occurring during transport and documented at the time of delivery.

The legal guarantee of conformity and the commercial warranty offered by GASPA MACCHINE do not apply in the following situations. Please read this list carefully before filing a warranty claim.

• Normal wear: progressive and physiological deterioration of components subject to ordinary consumption in relation to the age and use of the machine (tires, filters, brake pads, gaskets, timing belts, etc.).
• Declared defects: imperfections, cosmetic damage, or functional deficits explicitly described and declared in the product listing before the conclusion of the sales contract.
• Damage from improper use: failures caused by use not in accordance with the manufacturer's instructions, by overloading, by use in extreme conditions not anticipated, or by unauthorized modifications to the machine.
• Accidental damage: physical damage, breakage, or deformation caused by accidents, collisions, overturning, or falls.
• Unauthorized interventions: repairs or modifications carried out by workshops or technicians not authorized by GASPA MACCHINE, without prior communication and written approval from us.
• Lack of maintenance: failures resulting from failure to comply with the periodic maintenance schedule provided in the manufacturer's manual (oil change, filters, periodic inspections).
• Damage from external agents: damage caused by exceptional weather events, fires, floods, hail, vandalism, or other force majeure events.
• Consumables: components with limited lifespan by their nature (lubricants, coolants, batteries, bulbs, fuses).
• Professional purchasers without specific agreement: for sales between businesses (B2B), the legal warranty is governed by Articles 1490–1496 of the Italian Civil Code, unless otherwise agreed in writing.

Before shipment, every machine sold by GASPA MACCHINE undergoes a general condition check by our technical staff. This process ensures that the machine corresponds to the description published on the website and that it is ready for delivery in the declared conditions.

• Starting and engine operation under normal operating conditions.
• Verification of the operation of basic hydraulic systems (arm, bucket, lift, or grapple, depending on the type of machine).
• Visual inspection of the external condition of the bodywork, frame, and main components.
• Verification of the presence of all technical documentation and accessories indicated in the listing.
• Photographic documentation of the machine's condition at the time of preparation for shipment.

Upon receipt of the machine, we recommend following this procedure to protect your rights:

• Immediate inspection: visually examine the machine before signing any delivery document. Verify the absence of evident damage caused during transport.
• Reservation on delivery document: if you detect damage or anomalies, immediately note your reservations on the transport document (CMR, delivery note) before signing. Signing without reservation is equivalent to accepting the machine in the condition in which it is found.
• Photographic documentation: photograph the machine before unloading and during the initial inspection. Keep these photographs with date and time as proof of the condition at the time of delivery.
• Prompt notification: notify us within 48 hours of delivery of any damage or anomaly detected, sending photographs and detailed description to info@gaspa-macchine.com.

To initiate a warranty request, it is necessary to follow the procedure described below. Prompt and documented communication enables us to handle your claim quickly and effectively.

1. Step 1 – Contact our customer service Send a written communication to info@gaspa-macchine.com or call us at +39 377 390 1146 (Monday–Saturday, 09:00–18:00 CET). Provide the order number, the machine designation, and a clear description of the problem encountered.
2. Step 2 – Provide documentation of the defect Attach to the communication photographs or videos that clearly document the defect encountered, indicating the date on which the problem appeared and the circumstances in which it occurred. Also attach a copy of the purchase invoice or any other document proving the purchase.
3. Step 3 – Evaluation of the claim by us We will examine your report within 5 working days of receipt of the complete documentation. We may request additional information or instruct you on how to carry out a preliminary remote inspection via video call with our technician.
4. Step 4 – Definition of remedy Based on the evaluation results, we will propose the most suitable remedy among those provided by law: repair, replacement, price reduction, or refund. We will communicate the proposed solution and expected implementation timeframes to you in writing.
5. Step 5 – Implementation of remedy We will proceed with the implementation of the agreed remedy within the communicated timeframes. In case of return of the machine for repair or replacement, we will handle the logistical coordination and transport costs (unless otherwise agreed in writing).

In case of confirmed lack of conformity, the purchaser is entitled to the following remedies, in the order of priority established by law. GASPA MACCHINE applies this procedure in a transparent and documented manner.

The priority remedy is the free repair of the machine or defective component. Repair may take place:

• On site, with the intervention of an authorized technician at the purchaser's premises (where logistically possible).
• At our premises in Sassari, with transport of the machine at our expense for warranty claims recognized as valid.
• Through an authorized third-party workshop near the purchaser's premises, as indicated by GASPA MACCHINE, with reimbursement of documented expenses incurred.

Repair must be completed within a reasonable time from the report, without causing significant inconvenience to the purchaser. The repair period is not counted for the purposes of calculating the remaining warranty duration.

If repair proves impossible, excessively burdensome, or is not carried out within a reasonable time, the purchaser has the right to request replacement of the machine with another of equivalent type, similar characteristics, and comparable commercial value available in our catalog.

If neither repair nor replacement is possible or is refused within the legal timeframes, the purchaser has the right to choose between:

• Proportional reduction of the price paid, in a measure corresponding to the decrease in value caused by the unresolved defect.
• Contract termination and full refund of the price paid, with return of the machine to GASPA MACCHINE. The refund is issued using the same payment method used for the purchase, within 14 days of receipt of the machine at our premises.

In addition to the legal guarantee of conformity required by law, GASPA MACCHINE offers a voluntary commercial warranty on specific categories of machinery and components. This warranty is an additional commitment and does not replace or limit the purchaser's legal rights.

The GASPA MACCHINE commercial warranty covers, for machinery for which it is expressly offered at the time of purchase, the following main systems:

• Engine: engine block, cylinder head, timing system (excluding normal wear).
• Transmission: gearbox, drive shaft, differential.
• Main hydraulic system: hydraulic pump, control valves, arm and bucket cylinders (for excavators and handlers).

• The commercial warranty is valid exclusively for machinery for which it is expressly indicated in the product listing or in the sales contract.
• The commercial warranty has a duration of 3 months from the date of delivery, unless otherwise indicated in the specific product listing.
• To avail of it, the purchaser must keep the purchase invoice and comply with the ordinary maintenance schedule provided by the manufacturer.
• It is not transferable to third parties in case of resale of the machine, unless agreed in writing with GASPA MACCHINE.

In addition to the basic legal guarantee of conformity provided by EU Directive 2019/771, each destination country may provide additional rights and protections in favor of consumers. Below we report the most relevant provisions by country.

In Italy, the consumer is protected by Legislative Decree 206/2005 (Consumer Code) and by Legislative Decree 170/2021. In addition to the 2-year legal warranty, the Italian consumer has the right to access the Arbitrator for Financial Disputes (ACF) for certain types of disputes and can contact recognized consumer associations. Italian legislation provides for the presumption of pre-existence of the defect for 12 months from delivery.

In Austria, the consumer is protected by the Konsumentenschutzgesetz (KSchG) and by the Verbrauchergewährleistungsgesetz (VGG) which came into force in 2022. The Austrian purchaser who receives a non-conforming machine can initiate the conciliation procedure at the Schlichtung für Verbrauchergeschäfte or contact the Arbeiterkammer. The presumption of pre-existence of the defect deadlines have been extended from 6 to 12 months from delivery as of 2022.

In Finland, consumer protection is governed by the Kuluttajansuojalaki. Finnish consumers can contact the Kuluttajaneuvonta (Consumer Advisory Service) and the Kuluttajariitalautakunta (Consumer Disputes Board) for alternative dispute resolution (ADR). Available remedies include repair, replacement, price reduction, and contract termination.

In France, consumers benefit 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 guarantee against hidden defects is independent of the legal guarantee of conformity and allows consumers to take legal action within 2 years of discovering the defect, even if it predates the sale. French consumers can contact the médiateur de la consommation for disputes.

In Germany, the legal guarantee (gesetzliche Gewährleistung) is governed by the Bürgerliches Gesetzbuch (BGB), amended by the Kaufrechtsumsetzungsgesetz of 2022. German consumers can contact the Allgemeine Verbraucherzentrale or a mediator registered with the Universalschlichtungsstelle des Bundes for out-of-court dispute resolution. The presumption of pre-existing defect applies for 12 months from delivery.

In the Netherlands, the legal guarantee is governed by the Burgerlijk Wetboek (BW), Book 7. Dutch consumers who encounter a defect can use the services of De Geschillencommissie (Disputes Committee) for fast and cost-effective alternative resolution. Available remedies include repair, replacement, price reduction, and contract termination.

In Poland, consumer protection is governed by the Kodeks cywilny and the Ustawa o prawach konsumenta. Polish consumers can contact the Urząd Ochrony Konkurencji i Konsumentów (UOKiK) to report unfair practices and 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 consumer protection authority is the Autoritatea Națională pentru Protecția Consumatorilor (ANPC). Romanian consumers are entitled to a 2-year legal guarantee, with presumption of pre-existing defect for the first 12 months from delivery.

In Spain, consumers enjoy enhanced protection under Real Decreto Legislativo 1/2007 (TRLGDCU), amended in 2021 to implement EU Directive 2019/771. The legal guarantee for new goods has been extended to 3 years from delivery, with presumption of pre-existing defect for the first 2 years. Spanish consumers can use the consumer arbitration system (Sistema Arbitral de Consumo) for free or low-cost dispute resolution.

Switzerland is not a member of the European Union; however, it provides a legal guarantee for defects governed by the Code of Obligations (CO), Art. 197–210. The duration is 2 years from delivery. Swiss consumers can contact the Staatssekretariat für Wirtschaft (SECO) or national consumer protection organizations such as Konsumentenforum kf for assistance and advice.

In the event of a dispute relating to a purchase made from GASPA MACCHINE, we invite you to contact us directly first to find an amicable solution. Your satisfaction is our priority and we always seek to resolve disputes quickly and without resorting to formal procedures.

Before initiating any formal procedure, please contact us at info@gaspa-macchine.com explaining the problem in detail. We undertake to respond within 5 working days and to propose a fair solution.

If direct agreement cannot be reached, consumers residing in the European Union have the right to 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 11 for national references).
• Voluntary mediation through bodies accredited by the Italian Ministry of Justice, pursuant to Legislative Decree. 28/2010.

For disputes not resolved through alternative means, the competent court is that of the registered office of GASPA S.R.L MACCHINE, namely the Court of Sassari, unless the law of the consumer's country of residence provides for exclusive jurisdiction in favor of the consumer's own 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, provided that consumers residing in the European Union are in any case subject to the mandatory consumer protection provisions established by the legislation of the country in which they reside, where more favorable than Italian law.