Motovario H Serie Mode D'emploi page 160

GENERAL TERMS OF SUPPLY
All supplies effected by Motovario Group are governed
exclusively by the following general terms of sale that
are made known to operators also by including them in
the catalogues of the goods produced. Any clause or
condition that may be established by the buyer is null if
in contrast with the following terms and if not expressly
undersigned by ourselves. For anything not expressly
envisaged, current Italian law shall hold, also for goods
sold abroad.
QUOTATIONS :
Quotations are not binding. A quotation is considered
accepted only upon our written confirmation of the order,
after fully clarifying all the technical and commercial de-
tails. The information given in our catalogues, brochures
and price lists is not binding. Therefore, we reserve the
right to make any modification, which we believe to be
an improvement, to our products and to the relevant
price lists.
ORDERS :
The contract of sale is understood to be binding for both
parties as of the date of issue of our order confirmation.
The supply comprises exclusively the products and ser-
vices specified in our order confirmation to our general
terms of sale.
PRICES :
The contract prices are the ones given on the Order
Confirmation. The prices are understood to be for goods
delivered Ex Works, excluding packing and all other
costs, unless agreed otherwise. Motovario reserves the
right to alter prices at the time of delivery in the event
of significant variations in the cost of labour and/or raw
materials. If the change in price is higher than 5% the
Customer will have the right to withdraw from the order.
LEAD TIMES :
The lead times given on the Order Confirmation are me-
rely an indication and are observed as far as possible,
with the exclusion of all possible claims for compensa-
tion by the Customer for any delays. Motovario Group is
anyhow entirely freed from all commitments concerning
lead times in the following cases: a) When the Buyer
fails to observe the agreed terms of payment. b) In
cases of force majeure or events such as: lockouts,
strikes or anyhow abstention from work, epidemics, war,
confiscation, fire, flooding, manufacturing accidents,
suspension or delay in transportation. c) When the buyer
fails to provide, in good time, all the data necessary to
effect the supply and/or the materials to be supplied to
the Seller.
DELIVERIES :
Delivery is understood to be made to all intents and
purposes with the verbal or written communication that
the goods are at the buyer's disposal for collection, or
at the time of delivery to the carrier. After delivery has
been made, all risks concerning the material sold are
taken on by the buyer. Shipment is always made at the
buyer's risk and cost with the means we consider the
most appropriate, if no particular instructions have been
provided. Loss, delay and damage to material as a con-
sequence of shipment cannot be attributed to Motovario
Group In the case of shipment by our vehicles, this is
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understood to be made with carriage forward at best and
under the buyer's full responsibility. In the event of delay
in collecting the goods, anyhow ready, for any reason
beyond our control, after eight days of the communi-
cation of the goods being ready, Motovario Group may
have the packing, shipment or storage of the goods
made at the Buyer's expense and issue an invoice for
the sale of the material.
PAYMENTS :
Payments must be made at the domicile of Motovario
Group and according to the agreed Terms. In the event
of a late payment, Motovario Group will have every right
to charge "arrears" at the rate of 4% over the "prime
rate". Any late or non-payment authorizes Motovario
Group to suspend delivery of any other material
immediately, as well as cancel any orders without the
Buyer being owed any rights for whatever reason. No
complaint or claim gives the Buyer any right to suspend
payments. Any payments made in advance never bear
interest.
PACKING :
If there are no particular instructions, we prepare the
packing, where necessary, in the best way and anyhow
always at the Buyer's expense, with no responsibility
on our part.
COMPLAINTS :
Any complaints or claims made by the buyer on the
finished product must be notified to the seller in writing
within 8 days of the date of receiving the goods.
WARRANTY :
Motovario Group guarantees the products sold for two
years from the date of delivery, considering use of two
daily work-shifts. (16 hours/day).
Warranty is limited to repair or replacement, free at our
plant, of defective parts due to an ascertained defect of
material or manufacture. The parts replaced remain our
property. All other compensation is excluded, nor can
any direct and/or indirect damage be claimed of any
nature, also for the temporary lack of use of the goods
purchased.
Warranty is excluded for materials and parts subject to
natural wear or deterioration (for example, oil seals or
lubricants leakages caused by normal wear).Warranty
is forfeit for products not used in conformity with our in-
structions or that are anyhow modified, repaired or even
partially dismantled, or stored, installed, maintained or
lubricated not in a proper way. The warranty is also ex-
cluded for damages, defects or malfunctions caused by
external components (such as, for example, couplings,
sprockets, pulleys, motors not produced by Motovario,
etc..) or by incorrect installation of them.
Verifying the compatibility of applications and correct
mechanical couplings and electrical connections with the
specifications of Motovario products, as indicated in the
manufacturer's catalogues, is solely to the concern and
responsibility of the buyer.
LIABILITY FOR DAMAGE :
The liability of Motovario Group is strictly limited to
the above-stated obligations and it is therefore clearly
agreed that we take on no responsibility for any damage
deriving from accidents of any nature that may occur
during use of the products sold, whether they be consi-
dered defective or otherwise, also in cases of the choice
of application being recommended by personnel of the
Motovario Group Sales Organization. When applying
geared motors or motorvariators the user is in any
case obliged, under his own exclusive responsibility, to
proceed with the utmost prudence and make provision
for safety devices in conformity with the applicable direc-
tives, standards and technical regulations, and anyhow
adequately to limit damage to persons and/or property
deriving from their possible defectiveness.
PLACE OF FULFILMENT AND JURISDICTION :
The place of fulfilment for both parties is the Supplier's
offices. The jurisdiction for any dispute deriving directly
or indirectly from the contract - also in the case of law-
suits for bills or failure to pay cheques - is therefore for
the Judiciary Authority of MODENA where the Seller has
its offices. Relations between the parties are governed
solely by Italian law and the UN right of sale (Vienna
Convention) is not applied.
TRANSFER OF TITLE :
In accordance with Art. 1523-1524 of the Italian Civil
Code, transfer of title ofthe goods subject of sale will
only take place after payment in full of the agreed price.
The buyer is therefore obliged to conserve the subject of
the supply conscientiously until his debt is extinguished.
Clauses to be specifically approved: 1) quotes; 2) or-
ders; 3) prices; 4) lead times; 5) deliveries; 6) payments;
7) packing; 8) complaints; 9) warranty; 10) liability for
damage; 11) place of fulfilment and jurisdiction; 12)
transfer of title.
ATTENTION:
The revised data and information, shown in this techni-
cal catalogue, replaces the data of the previous editions.
Old data is now obsolete. All technical data, dimensions,
weights in this catalogue are subject to changes without
warning. Illustrations are not binding. You can find the
above mentioned data and information on our site www.
motovario-group.com; Please periodically consult the
technical documentation on the web site to be always
updated about possible modifications of performances
and characteristics of the product.
Customer signature