Terms of sales
Guarantee
1.1 Barring written agreements,
entered into between the parties
hereto each time, Motive hereby
guarantees compliance with specific agreements.
The guarantee for defects shall
be restricted to product defects
following design, materials or manufacturing defects leading back
to Motive.
The guarantee shall not include:
* Faults or damages ensuing from
transport. Faults or damages
ensuing from installation defects; incompetent use of the
product, or any other unsuitable
use.
* Tampering or damages ensuing
from use by non-authorised staff
and/or use of non-original parts
and/or spare parts;
* Defects and/or damages ensuing
from chemical agents and/or
atmospheric phenomena (e.g.
burnt out material, etc.); routine maintenance and required
action or checks;
* Products lacking a plate or having a tempered plate.
1.2 Returns to credit or replace
will be accepted only in exceptional
cases; however returns of goods
already used to credit or replace
won’t be accepted in any case.
The guarantee shall be effective for
all Motive products, with a term
of validity of 12 months, starting
from the date of shipment.
The guarantee shall be subject
to specific written request for
Motive to take action, according
to statements, as described at
the paragraphs herein below. By
virtue of aforesaid approval, and as
regards the claim, Motive shall be
bound at its discretion, and within
a reasonable time-limit, to alternatively take the following actions:
a) To supply the Buyer with
products of the same type and
quality as those having proven
defective and not complying with
agreements, free ex-works; in
aforesaid case, Motive shall have
the right to request, at Buyer’s
charge, early return of defective
goods, which shall become Motive’s property;
b) To repair, at its charge , the
defective product or to modify the
product which does not comply
with agreements, by performing
aforesaid action at its facilities;
in aforesaid cases, all costs regarding product transport shall
be sustained by the Buyer.
c) To send spare parts free of
charge: all costs regarding product transport shall be sustained
by the Buyer.
Claims
2.1. Claims, regarding quantity, weight, gross weight and colour, or claims regarding faults and defects in quality or compliance, and which the Buyer may discover on goods delivery, shall be submitted by a max.7 days of aforesaid discovery, under penalty of nullity.
Delivery
3.1. Any liability for damages ensuing from total or partial delayed or failed delivery, shall be excluded.
3.2. Unless differently communicated by written to the Client, the transport terms have to be intended ex-works.
Payment
4.1. Any delayed or irregular payments shall entitle Motive to cancel ongoing agreement, including agreements which do not regard the payments at issue, as well as entitling Motive to claim damages, if any. Motive shall, however, have the right, as of payment’s due date and without placing in arrears, to claim interest for arrears, to the extent of the discount rate in force in Italy, increased by 12 points. Motive shall also have the right to withhold material under repair for replacement. In the case of failed payment, Motive shall have the right to cancel all guarantees of materials, as regards the insolvent Client.
4.2. The Buyer shall be bound to complete payment, including cases whereby claims or disputes are underway