With the order confirmation, the Buyer also declares that he/she has read all the information provided during the purchase procedure, and he/she fully accepts the Terms and Conditions of Sale and Guarantee described below.
1. DURATION OF THE GUARANTEE
Unless otherwise provided in particular provisions, the guarantee for all the products contained in the Master Motion Ahead® Catalogue is 5 (five) years from the date of the invoice or receipt/proof of delivery.
2. APPLICATION OF THE GUARANTEE
In accordance with the provisions of the applicable national and EU regulations, the contractual relationship between the Vendor and the Buyer shall be governed by common trading laws pursuant to Articles 1490 of the Italian Civil Code, et seq., subject to the applicable specific legislation on consumer rights.
In the event of repairs, the conditions of guarantee shall be suspended until the time the Product has been repaired and returned to the Buyer.
The official guarantees apply to nonconforming Products, provided they have been properly used, according to their intended purpose and in compliance with the attached technical specifications.
Master SpA guarantees high quality products and manufacture; it undertakes, during the period of guarantee, at its sole discretion, to reimburse the purchase price or to promptly repair and/or replace, free of charge, any faulty products due to the poor quality of materials or defects in manufacturing, except in cases of:
– Damage caused by the Buyer’s carelessness,
– Incorrect installation and/or electrical wiring,
– Use of the product that does not comply with what is described in the instruction’s manual,
– Unauthorised maintenance operations, tampering carried out by the Buyer or on behalf of the Buyer,
– Improper storage
– Unforeseeable or force majeure events.
The guarantee shall be limited to the repair of products recognised as faulty by Master SpA or to the simple prompt replacement of such products free of charge. The products replaced shall remain property of Master SpA and any necessary transport costs shall be paid by Master SpA in full.
Master SpA is not required to carry out such work on the site where the fault was found.
The guarantee shall apply only to the products of Master SpA and not to the project in which they are used.
Each intervention under guarantee carried out by Master SpA shall be subject to compliance with the terms of payment by the Buyer.
The work relating to repairs and replacements under guarantee shall be carried out at the premises of Master SpA or of its authorised centres or of any appointed third parties.
In the event that the Buyer requests on-site repair/replacement work, the request must be sent in writing. In this case, the relevant costs will be debited, for example travel and accommodation costs, costs relating to the hours at the ordinary rates and the costs of transporting the materials, with the exclusion only of the hours spent to carry out the work under guarantee.
No payment shall be due to the Buyer for the time of inactivity of plant and equipment, nor should the Buyer claim compensation or indemnity for any expenses, accidents, direct or indirect damages, including those relating to the above-mentioned repairs and replacements.
In the event of application of the guarantee, no exceptions to the conditions of sale shall be accepted, nor will it be possible to engage in disputes relating to the terms of payment and the amounts indicated in invoices before or after the faults were detected.
Any disputes shall not exempt the Buyer from complying with the terms and conditions of the contract.
Reporting faulty or defective goods may be done by sending an email to the following email address segreteria@mastermotion.eu, or by sending a fax to the following number: n° 0039 0415030631 within and no later than the legal term of eight (8) days from receipt of the goods.
3. LIMIT OF THE GUARANTEE
The guarantee shall be suspended if:
- The Product has been disassembled or returned damaged.
- The assembly and wiring instructions have not been followed correctly.
- The Product has been used for purposes other than those it is intended for.
Moreover, the guarantee shall be suspended in the following cases:
a) Damages due to electric shocks and tension variations.
b) Weather conditions, atmospheric discharge, flooding, third-party acts or acts outside the normal operating conditions of use of the Products, and which are beyond Master SpA’s control;
c) Improper or inappropriate use of the Products;
d) The Buyer’s negligence, incompetence or carelessness;
e) Tampering, operations and/or modifications carried out by staff not authorised by Master SpA;
The costs relating to disassembling and reassembling the product under guarantee within a project cannot in any case be charged to Master SpA.
4. RESTRICTIONS OF USE OF THE PRODUCTS
All the Products have been designed for applications that do not require intensive use.
These products must be installed according to the applicable legislation (IEC) on power installations and other specific regulations in force at the time of installation or design.
5. ORDERS AND PRICES
The order shall be considered valid only if received by Master SpA offices by fax, email or through one of the sales representatives or agents of Master SpA.
Prices and orders made by telephone or by one of our sales representatives shall be confirmed only when an order confirmation has been issued and are always subject to “our approval”. Once an order confirmation has been issued, the Buyer shall be asked to check, stamp, and sign it for acceptance; only at that time the sale is considered finalised.
Any changes, reductions or additions to orders that have been already confirmed by Master SpA, shall not be valid unless notified in writing, accepted and confirmed in writing by Master SpA.
The prices applied shall refer to the official annual price list of Master SpA or to the specific conditions agreed in advance with the Buyer.
The prices indicated on the official price list are exclusive of VAT, ex works and, unless otherwise specified, include the standard packaging.
In the event of any changes in the Buyer’s financial position, pursuant to and in accordance with Article 1461 of the Italian Civil Code, Master SpA reserves the right to suspend any supplies in progress.
6. DELIVERY TERMS
Master SpA is committed to complying with the terms of shipping and delivery agreed with the Buyer and indicated in the order confirmation; however, the terms of delivery are indicative only, therefore not binding in any way.
Master SpA shall never be responsible for any delays in the delivery of the goods, regardless of the reasons for such delays.
Any delay in the delivery of the goods cannot result in a claim for compensation on the part of the Buyer, nor in the payment of any indemnity or penalties of any nature or kind, nor to the payment of interests, nor will it justify the cancellation of the order.
Master SpA reserves the right to disregard the terms of delivery agreed or to terminate the contract, should the Buyer not comply with its contractual obligations, or should the following circumstances occur:
a. Payments are not promptly made;
b. The Buyer does not provide in good time all the data required for delivery and does not promptly approve the plans or designs where required by Master SpA;
c. The order confirmation issued by Master SpA is not approved by the Buyer in writing within 5 (five) days from receipt;
d. The Buyer requires changes during the execution of the supply;
e. The Buyer does not provide in good time any materials of its own which are required for completing the order;
f. Any causes not depending on the will of Master SpA or on its diligence arise, which delay the supply in any way;
g. The delay in the delivery is due to reasons of force majeure (including for example strikes by suppliers, haulage companies or couriers, etc.);
h. The Buyer does not duly and promptly prepare the premises or surfaces where the Products are to be assembled or installed.
7. TRANSPORT
The recipient should check the goods delivered, their condition, quantity and Product type. Any claims due to faults, or errors must be submitted within 8 (eight) days from the delivery of the Products and according to the following terms. At the end of this period, the Buyer shall have no right to make a claim.
The recipient, in the event that the wrong products have been delivered or of missing items or damaged packaging, shall immediately express any claims on the transport receipt and immediately inform Master SpA by fax, or email to: segreteria@mastermotion.eu
If the above procedure is not followed within the terms agreed, Master SpA shall not be responsible for any damages to the goods caused during transport or for any missing or mistaken items.
8. GOODS RETURNS
The goods supplied through an order confirmation and whose delivery has not be the subject of a claim, cannot be returned or taken back by Master SpA without prior written authorisation of the latter.
Any return, even in the event of a claim, must be authorised in writing in advance by Master SpA and the costs of delivery will be charged to the Buyer.
In the absence of a written authorisation, the return will not be accepted, and the cost will be charged to the buyer.
9. PAYMENTS
Payment of the amounts due is in € unless otherwise specified. Payments must be made in accordance with the terms and methods agreed.
The payment terms indicated in our Order Confirmations are the only valid ones. In the event of a change in the Buyer’s situation (death, incapacity, failed payment, company transfer or change) Master SpA reserves the right to terminate the contract, to change the terms and conditions of payment or to request a suitable guarantee.
In the event of late or failed payment, even in part, Master SpA reserves the right to charge interests on late payments pursuant to Italian Legislative Decree no. 231/02 including any debt recovery costs. In any case, Master SpA reserves the right to request a refund for any damages caused by late payments or by unpaid invoices.
In the event of a deposit that needs to be paid by the Buyer when the order is confirmed, Master SpA reserves the right to, without there being due an amount to the Buyer in the form of a penalty or compensation for damages, cancel the order when the Buyer delays payment of the deposit by more than 10 (ten) days from the date when the order confirmation was signed.
10. OWNERSHIP RIGHT
Master SpA reserves the right of ownership of the Products until all the conditions of the contractual relationship with the Buyer have been satisfied. Subject to this condition, Master SpA reserves the right to terminate the contract, should the Buyer fail to comply with its obligations.
Any action by the Buyer which, except for any written agreement with Master SpA, adversely affects the right of ownership of Master SpA, will result in the obligation by the Buyer to fully reimburse Master Spa for any damages caused.
Until payment is received, the Buyer shall not be authorised to give the goods in security or guarantee of a credit. In this case, all the outstanding amounts due to Master SpA shall become immediately overdue. In the event that the Products are resold to third parties, as authorised in writing by Master SpA, the original Buyer is required to inform the third party of the ownership right of Master SpA on the sold products.
In the event of failed or late payment, even in part, of a confirmed order, Master SpA shall have the right to terminate the contract or to immediately collect the Products already delivered, retaining the amounts already received as indemnity.
Master SpA has sole ownership of any right on documents, drawings, and plans of the Products supplied to the Buyer. The Buyer shall not disclose any information regarding the above-mentioned documentation to third parties, including any copies on any type of media support, without prior written authorisation by Master SpA.
11. JURISDICTION
Any contract entered into by Master SpA, regardless of the nationality of the contractor, is subject to and governed by the applicable Italian law, unless otherwise agreed.
For any disputes relating to contracts entered into by Master Spa, their interpretation and/or their execution, the Court of Venice (Italy) shall be the place of jurisdiction.