Sales Condiction

SALES CONDITIONS
The below mentioned clauses are to be used for all contracts involving also all situations where there are not explicit agreements and void all contrary clauses without having MAFtec Srl prior written agreement.
USER LICENSE
Software products are provided to customers under free of charge or paid user’s license. It is forbidden to copy, modify or distribute the provided software products and technical documents without prior written consent from MAFtec Srl. Software products are sold under free or paid user’s license.
ORDER AND PRICES
All orders are valid only if formally accepted by MAFtec Srl. Every order can be modified or cancelled by customer only by written notification and prior MAFtec Srl written authorization within 8 (eight) calendar days after order date.
In case of customer’s order modification or cancellation, MAFtec Srl might charge costs due to manufacturing process and purchase of materials. Applied prices are according to valid price list or agreed prices between parts when order has been accepted by MAFtec Srl. Product prices do not include VAT or other taxes but include normal packaging costs. Special packaging costs (example: pallets or wood crates) will be quoted separately. MAFtec Srl’s prices do not include installation on site, calibrations or parameter setting unless agreed by means of written contract. Software installation means customer full and unconditional acceptance of all sales conditions and user license.
TECHNICAL DATA AND APPLICATIONS
Technical data of manuals and technical documentation is to be considered preliminary and can be changed without prior notification. For information about product technical specifications refer to the instruction manual and technical documentation, it is recommended to follow carefully technical instructions. Customized products do not include an instruction manual but technical specifications are provided by MAFtec Srl.
LEAD TIME
Delivery terms are to be considered non-binding for MAFtec Srl because of possible setbacks. No delivery delay will allow customer to terminate contracts or grant any right for compensation. In case it is not possible to deliver partially or totally purchased goods, for causes not depending on MAFtec Srl, we have the right to partially or totally cancel the order without any customer right for damage compensation or contract termination.
DELIVERY TERMS
Delivery terms are always EX WORKS (incoterms 2010) if there is no additional agreement between parts and goods are in any case shipped always at customer’s risk.
No goods can be shipped back to MAFtec Srl without its prior consent. Returned goods are to be shipped at customer’s expenses without any additional costs or taxes and in the original package. It is necessary to send MAFtec Srl a technical report, in Italian or English languages, that describes the type of problem and possible causes before shipping back to MAFtec Srl any good for technical control. Shipments from third parties are not accepted.
PAYMENTS
Payment terms are to be respected. Payment defaults grant MAFtec Srl, after written request, interest rates of 5 points higher than ABI Prime Rate with reference to the default date, without forfeiting any additional right for additional damage compensation. Payment default of even one invoice grant MAFtec Srl the right to terminate or suspend contracts and orders, without any right for customers to ask for related damages. Default payments grant MAFtec Srl the right to ask to anticipate all payment terms. All sold and delivered goods are still property of MAFtec Srl until it is paid the full price (art- 1523 c.c. and following).
COMPLAINTS
All claims are to be sent to MAFtec Srl in written form within 8 days after delivery. In case goods are delivered by forwarding agent (example: DHL, UPS, TNT etc.) with damages or losses, customer must accept the delivery only by claiming those damages and losses in written form to the forwarding agent.
WARRANTY
MAFtec Srl products are warranted from constructive defects for 12 months after date of delivery
MAFtec Srl can choose to partially or totally repair or substitute those product parts that because of design problems, material defects or manufacturing problems are not fit for their purposes. Warranty does not cover wrong installation, misuses, wear, corrosion, unauthorized tampering, and uses of the product not conforming to manufacturers’ technical specifications or force majore.
In case the damage caused by products sold by MAFtec Srl but manufactured by third parties then their warranty terms are transmitted to customer instead of MAFtec Srl warranty.
Consultancy or assistance is not causing to MAFtec Srl any liability apart in cases of fraud or negligence.
All defective products, during warranty period, are to be shipped at customers’ cost and risk to MAFtec Srl facilities or authorized service center. Returned goods will be partially or totally repaired or substituted: warranty covers also spare parts and labor.
Travel, accommodation and subsistence costs are to be paid by customer in case of servicing and technical assistance on site.
Repairs or substitutions of products do not allow to start a new warranty period or the extension of the old one. Substituted parts and components are property of MAFtec Srl.
In any case, MAFtec Srl warranty is limited only to the value of the damaged or not up to specification product that has been delivered.
Customers pay all costs for substitution of the products on customer’s machines and plants. MAFtec Srl is not liable for any loss of calibration or parameters on products returned for technical control or repair.
Customers must apply safeties for avoiding injures to persons, damages to goods, damages for recall of production from the market, stop of production damages and environmental damages.
Customers must notify MAFtec Srl in case of dangerous applications for allowing to refuse orders or to allow to insure the related risks.
Warranty terms are valid only between MAFtec Srl and customer, but not to end user in case it is not the same as the customer.
JURISDICTION
Applicable law is Italian and jurisdiction is exclusively at Milano –Italy courts.
Sales conditions: Nr. 20160225 MafSalesV01R00.uk