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.
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
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.
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 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.
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).
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.
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
assistance is not causing to MAFtec Srl any liability apart in cases of fraud
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 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
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.
Applicable law is Italian and jurisdiction is exclusively at Milano –Italy
Sales conditions: Nr. 20160225 MafSalesV01R00.uk