Premises. MUSIC & LIGHTS S.R.L. (hereinafter referred to as M&L) guarantees its products free from defects, manufacturing faults, which make them unsuitable for the use for which they are designed. This document establishes the General Support, Warranty and Claims Conditions that the company M&L offers to the individual who purchases ( hereinafter referred to as Customer) proprietary brands: PROLIGHTS, TRIBE, ARCHWORK, DAD, PROTRUSS, PROAUDIO, GDE. The buyer is required to carefully read these terms and conditions.
1. Duration of Warranty. a) The warranty on the purchased product is valid for 24 months. In case of industrial or professional use or in case of similar use, this warranty is valid only based on the following indications valid from January 1st ,2021: PROLIGHTS 2 years; ARCHWORK 2 years; TRIBE 2 years; PROAUDIO 2 years; DAD 2 years; PROTRUSS 2 years; GDE 2 years; Products distributed 2 years (subject to possible variations based on the warranty conditions offered by the manufacturer), Batteries 6 months (battery only, labor costs not included); Spare parts 1 year; B-stock not applicable (see section 3a); Consumable parts not applicable (see section 3c). For all products purchased before January 1st ,2021, the conditions previously established are valid. The Warranty period starts from the delivery date, indicated on the original sales invoice and/or the production line batch. b) Warranty periods different than those set out might be requested by the Customer and will be agreed in the sales contract after evaluating the specific application conditions. c) The Warranty is valid for all those used products, which have been certified as such by M&L before the sale, for 90 (ninety) days from the Delivery. No Warranty will be applied to used products that are not certified by M&L before the sale.
2. Warranty Provisions. M&L guarantees to the Customer during the Warranty period the products, the repair services or replacement of all its parts, that lack in material or workmanship, that cause the product malfunction and they fail to operate in accordance with specifications published by M&L. a) The Warranty applies only to the Customer who purchases products directly from M&L. The Warranty right is not assignable or transferable to any subsequent Customer. b) The Warranty might be valid for a different period and under different conditions, as reported in the agreement of sale. With regard to not indicated or otherwise, are applicable the terms stated herein. c) Any repair services or replacement of parts or the equipment itself does not extend the duration of the Warranty period. d) The repair service or replacement of the Product or the defective part acknowledged, does not include removal or re-installation activities, any occurred costs or expenses, as an example, labor costs. e) No agent, distributor or dealer is authorized to change, modify or extend the terms of the limited Warranty on behalf of M&L. f) If during the device test carried out by the official M&L Service Department, M&L should find that the damage is not covered by Warranty terms, M&L will inform the Customer, and the repair service will follow the procedure as foreseen by the repair service out of Warranty.
3. Forfeiture of Warranty. The Warranty is void and does not apply in the following cases: a) Products purchased as Used, as Ex-demo, as Open Box, not certified as such, or specified “As It Is”, as “Seen and Approved,” or as other written forms to indicate a state “Other than New” in order confirmation and/or sales contract. b) If there are defects, malfunctions or non-compliance arising from any force majeure, damage caused during transport, or by any abuse, misuse, abnormal use or use in violation of any standard, code or instructions of use applicable, including, for example, but non-exhaustive, those contained in the safety regulations, the latest regulations in electricity sector in specific country/s. c) For all product parts which, by their nature or use, are subject to normal wear, or inevitable deterioration (lamps, LEDs, mechanical assembly, fuses, audio membranes, speakers, boiler and pumps for ambient effect machines, etc.). d) The Warranty will be void if any repair service or modification on the Product is made by a person not authorized in writing by M&L. e) Serial Number or product ID is not clearly legible. f) The Customer loses the Warranty if the terms of payment have not been observed, even at once. In any case, M&L reserves the right to make the final decision on the validity of any Warranty Claims.
4. Request of Warranty. a) The Warranty requests must be reported and sent to M&L offices, filling out the appropriate forms and including the following information: M&L code of the damaged product; Number and date of the shipping document and the sales invoice; Serial Number, or Product ID; Detailed description of the technical issue, quantity and % of failures, eventual date code” error; Application, operating hours and power cycles. b) Requests of Warranty notified by the Customer after the expiration of the warranty time will not be accepted.
5. Accomplishment of Warranty. a) If the Request of warranty is notified to M&L, and it is considered Valid, in accordance with the terms hereof, M&L will accept and accomplish the Warranty by returning a signed RMA Support form. b) M&L can accomplish the Warranty as follows: 1) if M&L has reason to believe that the Customer is technically able to repair the product on site, if necessary with the support of M&L qualified technical Support and Customer Service, M&L will proceed by providing the necessary spare parts; 2) if the Customer is not technically able to repair the product, M&L will repair the defective products or spare parts. 3) If it becomes necessary to replace the Product, M&L assumes all ownership rights to such finished goods or spare parts replaced; the replacement of products or spare parts will be equivalent or substantially similar to the Product in object or spare parts (which might change slightly in design and technical specifications); new, as a new or refurbished. Through indisputable decision of M&L, where none of the above mentioned remedies are applicable, M&L can refund the Customer calculating the net purchase price paid for finished products or parts recognized as defective, less a reasonable depreciation in the value, depending on the use or age of the product.
6. Transport and other Occurred Costs Related to Warranty Requests. a) The product or spare parts to be repaired or replaced must be delivered to M&L as DDP (Delivered Duty Paid - Incoterms), at Customer's expenses and risk; b) the product or spare parts repaired or replaced, if the Warranty request is deemed valid in accordance with the terms hereof and writing approved by M&L, will be returned to the Customer at M&L expenses, in DAP (Delivered at Place) - Incoterms. c) M&L may charge the Customer the costs for returned Products that are not found to be defective or non-compliant, together with management and inspection costs, with a minimum cost of €40 in addition to the transport cost, which may be paid or by bank transfer in advance or by cash on delivery. d) Any eventual arrival of goods, products or spare parts at M&L, without formal authorization and/or RMA - Support attached to the delivery note will not be accepted and will be returned to the sender or rejected directly.
7. Disclaimer of Implicit Warranties and any other Warranties. a) The hereof Warranty terms and the remedies contemplated in it, form the only warranties offered by M&L in relation to the Products, in substitution and exclusion of any other warranty, whether expressed or implied, as permitted by law, including, by way of example and not exhaustive, warranties of merchantability or eligibility for a particular purpose. b) The present conditions and terms therein, stipulate the maximum amount of M&L liability, its obligations towards the Customer, as well as the sole and exclusive remedy available to the Customer in respect of defective Products which are recognized as defective or non-compliant, remedy that is deemed as including and replacing further forms of warranty or liability, also in derogation of the law, as far as permitted, and excludes any other form of liability (both contractual and non-contractual) for M&L, however attributable to defects, not conformity or lack of quality, even if M&L has been notified or is aware of these defects.
8. Limitations and Conditions. a) This is a limited Warranty and excludes the installation, the means of access to products (scaffolding, hoists, etc.), and special damages, incidental and consequential damages (for example, the loss of economic profits/loss of earnings, damages to property or other extended costs not previously mentioned), and is further defined by the limitations and conditions laid down in the relevant Warranty, and in these terms and conditions. b) By request of M&L, its representative authorities must have access to the Product, system or application for verification of the reported non-compliance. c) M&L is not responsible for the electric power supply and its conditions, including electrical peaks, over/under voltage and current control systems that are beyond the specified limits of the products and over to those defined by the specific power standards. d) In relation to the products sold to the Customer by M&L, that are not of M&L proprietary brands (Ref. Premises), thereof does not offer warranties of any kind, expresses or implied, including, by way of example and not exhaustive, warranties of merchantability or eligibility for a particular purpose, but will offer to the Customer, upon request, solely to the fullest extent permitted by law and relevant contracts, the warranties of the original manufacturer of the product concerned.
9. Repairs not Covered by Warranty. For all products not covered under the above mentioned Warranty terms and conditions, M&L has a centralized repair program, which provides for the repair service and subsequent testing of the product. The delivery and the subsequent pick up of the goods is intended to be at the expenses and risk of the Customer. The repair service is ruled by the terms and conditions below: a) for all operations involving an amount exceeding the 30% of purchase price of the product with a minimum of 200€, M&L will send a quotation of the repair service. The signature affixed by the Customer on the quotation determines the acceptance, together with the following conditions. b) Upon acceptance of the quotation, M&L will organize the repair services as soon as possible, respecting the repair procedures. c) If within a period of 8 days M&L does not receive any written confirmation to the repair quotation, or if the quotation is not accepted, the product will be returned unrepaired, charging the labor costs. d) If the returned product doesn't point out any malfunction or error, the product will be returned, charging the labor costs. e) The only accepted payment terms for services is intended to be by bank Transfer in advance, or by Cash on delivery. If not respected, M&L has the right of retention of the product and repaired goods.
10. Return of Goods. a) M&L accepts return of products only for the following reasons: 1) Incorrect / Surplus: the delivered goods do not correspond to the information on the delivery documents; 2) error of order registration: there is an error of understanding or typing of which is responsible M&L; 3) order error: the Customer has made a mistake of ordering. b) The returns might be accepted only on condition that the products are: 1) delivered by no more than 8 calendar days from the date of delivery; 2) normal standard production (not customized or by Customer specification) and recognized in the system through active product code; 3) in their original and undamaged packaging; 4) in perfect commercial condition. c) In case of Customer's order error, that is not attributable to M&L, Customer will be charged of an amount equal to 20% of the original selling price, but not less than 50 EUR, as a compensation for administrative expenses.. However, M&L reserves the right not to accept the return or apply a higher percentage for administrative expenses if the goods are returned after the period indicated above, and/or damage, and/or in different conditions compared to a new product. . d) Returns must be delivered to M&L at DDP (Delivered Duty Paid - Incoterms) condition, at Customer's expenses and risk; e) M&L reserves the right to evaluate only the returns requested of Customer by filling in the R.O. form. f) The authorization is communicated to the Customer upon acceptance of R.O. form, whose printed copy must always be attached to the delivery documentation of the goods. g) Any eventual arrival of goods, products or spare parts at M&L, without formal authorization and/or R.O. form attached to the delivery note will not be accepted and will be returned to the sender.
11. Right of Withdrawal. The right of withdrawal by crediting the amount paid, is a particular form of warranty and is therefore subject to all the above provisions. It may be exercised, within 8 calendar days from the date of delivery, for products for which evidence defect is attributable to the manufacturing/sales process, and not by improper use by the Customer or to damage caused by transport.
12. Complaints about Delivery Notes. The products travel at the Customer's risk even if sold in CPT terms/at free port. It is up to the recipient to take care and responsibility to check the condition of the materials delivered and immediately address any issues to the M&L offices, otherwise the Products delivered will be considered accepted and the Customer will not have any right to contest damages or defects of the Products. a) Subject to M&L's approval and verification, any claim about missing products at the delivery will be evaluated and processed only if communicated immediately upon delivery. b) It is always required to check and feature inspection of product upon delivery, concerning the number of packages and any visible damages, which must be evidenced at the delivery moment, on shipping documents reporting the date (delivery date of the receipt and company stamp) and signed in accordance with the carrier. c) In case of justified inability to proceed with the verification, record ”EXCEPT SUBJECT TO VERIFICATION”, dating (date of receipt of the goods and company stamp) and signing in agreement with the forwarder. d) Upon delivery, leave a copy of the shipping document to the forwarder. e) Send always to the M&L Sales Department a copy of the shipping documents No later than 8 calendar days from the delivery date. f) M&L will not accept complaints that do not meet the above procedure. g) M&L will not accept claims of any kind after 8 calendar days from receipt of goods. h) The goods are shipped at the risk and liability of the Customer even if the transport has been managed by M&L with the forwarder, any complaints against the shipping company must be handled directly by the Customer with the forwarder.
13. Final Provisions. These terms and conditions constitute the entire agreement between M&L and the Customer and replace any previous communications, representations or agreements between the parties, whether written or oral, referring to the repair service. Any eventual invalidity or ineffectiveness of any terms and conditions for any reason, will not cause the invalidity of the entirety present general conditions.
14 - Applicable law, court and language. All sales contracts finalised by Music & Lights, regardless of the Customers nationality and destination of the Products, are governed by Italian laws or, based on a decision by M&L by the laws of the place of the Customer registered office or M&L branch. Application of the Vienna Convention on contracts for the international sale of goods of 11 April 1980 remains expressly excluded, as well as other statutory Conventions concerning international sales and governing conflicts between laws. Any dispute between the Parties shall be submitted to the Italian court and solely to the court of Music & Lights's legal address competent jurisdiction, without prejudice to M&L' sole discretion to act at the Customers court of competent jurisdiction. If these General Conditions are drafted in more than one language, the text in Italian shall be decisive.