Умови продажу

Terms of sales


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.


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.


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.


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