In case of supply of softwares custom-made by CMZ, we hereby communicate that:
1. All the technical features of the software are requested by the Customer. If CMZ is required to give a contribution in their definition, the Customer assumes any responsibility. No responsibility will be charged to CMZ.
2. The offer for price and leadtime of the software are given by CMZ, after the technical specifications are given by the Customer and their acceptance by CMZ.
3. CMZ starts to realize the software only after the order receipment has been issued by the Customer.
4. Costs and leadtimes may vary in case of delays or further specifications added by the Customer after the order receipment. A new delivery date and additional costs will be discussed with the Customer.
5. Unless otherwise specified in the offer, the software will be realized at CMZ’s premises.
6. Unless otherwise specified in the offer, the initial start-up at the Customer’s premises is not included.
7. Unless otherwise specified in the offer, the software has a warranty of 12 months starting from the software testing. The testing must be carried out within 30 days from the consignment date of the software. If the testing is not carried out within 30 days, the warranty validity starts in any case after 30 days from the consignment date.
8. The testing document is drawn up by CMZ together with the Customer. This document can also include notes about eventual unimplemented functionalities written in the order specification but not implemented, or implemented functionalities which were not specified in the initial order.
9. Any requested changes, additions or cancellations which can be requested by the Customer, must be discussed and approved by CMZ and can bring to a new offer or contract with new cost and leadtime. In case no agreement is reached, the contract is considered closed and the Customer must pay all costs sustained by CMZ up to that time.
10. Eventual modifications to the software (added after the consignment and in any case within the warranty validity) are discussed each time to establish if they can be considered under warranty or out of warranty as not included in the initial specifications.
11. Eventual modifications or additions required by the Customer after the warranty validity, are always valuated with a new specification and a new sales offer.
12. The software warranty expires if the Customer manipulates it within the warranty period.