GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (hereinafter the “GTC”) define the contractual relationship between the seller and the buyer.

They apply exclusively to sales concluded with buyers acting in the course of their professional activity.

They apply to any purchase made from the seller, whether directly at the seller’s premises or remotely, in particular by e-mail, telephone, quotation or purchase order.

Any order implies that the buyer has read and unreservedly accepted these GTC. Validation of the quotation, purchase order or order entails full and complete acceptance of these terms of sale, acknowledgement of having read them and the buyer’s contractual commitment.

Seller identification

MAIA SRL
Via Due Fonti 136 E
62100 Macerata (MC) – Italy
Tel.: +39 0733 493140
Share capital: €30,000
VAT No.: IT01929760435

Products

The products offered for sale are described and presented as accurately as possible.

Photographs, illustrations, dimensions, colours and visuals shown on the website or in sales documents are provided for information purposes only and are not contractually binding.

Slight differences may arise in particular from technical changes made by the manufacturer, without affecting the essential characteristics or the use of the equipment.

Prices and VAT

Prices are stated in euros and exclusive of taxes, unless otherwise indicated.

For businesses in the European Union holding a valid intra-Community VAT number, Italian VAT is not charged when the equipment is shipped from Italy to a delivery address located in another Member State of the European Union.

The intra-Community VAT number provided by the buyer must be valid at the time of invoicing and allow an intra-Community supply to be carried out.

For deliveries made in Italy, the applicable Italian VAT is added to the price.

For customers or deliveries located outside the European Union, customs duties, import taxes, administrative fees or other charges may be levied by the authorities of the country of destination. These charges are not included in the sale price and shall be borne by the buyer.

The seller reserves the right to change its prices at any time. The applicable price is the one shown on the quotation or purchase order accepted by the buyer.

Payment terms

Payments must be made in accordance with the terms agreed between the seller and the buyer and stated on the quotation, purchase order or invoice.

The order shall only be considered definitively confirmed once any deposits or payments provided for in the specific terms of the sale have been received.

In the event of late payment or non-payment, the seller may suspend the preparation or shipment of the order until the situation has been rectified, without such suspension being deemed a delay attributable to the seller.

Order

Any order becomes firm and final upon written acceptance of the quotation or purchase order and, where a payment or deposit is provided for, upon receipt thereof.

Acceptance may in particular take the form of signing a quotation or purchase order, or of a written confirmation by e-mail.

The buyer must check all the information shown on the quotation or purchase order before validating it, in particular the equipment references, the options chosen, the electrical or technical characteristics, the quantities and the delivery address.

The seller reserves the right to refuse or suspend an order in the event of an existing dispute with the buyer, non-payment, or missing information required to perform the order.

Delivery

Delivery times, costs and conditions are specified at the time of ordering or on the quotation.

The delivery times given are indicative only, unless otherwise undertaken in writing by the seller. They may vary in particular depending on manufacturing lead times, equipment availability, transport or circumstances beyond the seller’s control.

Delivery is made to the address provided and confirmed by the buyer when placing the order.

The buyer must ensure that the delivery location is accessible to a transport truck and allows the equipment to be unloaded in proper conditions.

Unless a service is expressly provided for on the quotation, delivery does not include installation, connection, commissioning or handling of the equipment inside the premises.

The carrier is not required to place the equipment inside the buyer’s premises.

Where there are steps, an upper floor, a shopping arcade, a narrow passage, a slope, difficult access or any other obstacle preventing normal use of the vehicle or handling equipment, the equipment may be left at the nearest accessible point.

The buyer must inform the seller before ordering of any particular difficulty in accessing the delivery location.

Unless otherwise agreed in writing, transport risks pass to the buyer when the goods are handed over to the carrier, without prejudice to any remedies provided for by the regulations applicable to transport.

Inspection of the equipment on delivery

Upon delivery, the buyer must, before the carrier leaves, check the number of packages as well as the condition of the packaging and of the equipment delivered.

The package(s) must be opened and the equipment inspected before the delivery document is signed and before the carrier leaves.

In the event of damage, impact, dents, breakage, tipped-over equipment, damaged packaging, missing packages or any other anomaly found, the buyer must enter precise and detailed reservations on the transport document describing the damage found.

General statements such as “subject to unpacking”, “packaging intact” or “box in good condition” do not constitute sufficiently precise reservations regarding the actual condition of the equipment.

Where the damage found renders the equipment unusable or its condition so warrants, the buyer must refuse the delivery, stating the precise reason for refusal on the transport document.

It is essential to carry out these checks before the carrier leaves. Failing inspection and precise reservations upon delivery, any claim against the carrier or its insurer may be refused or made extremely difficult, as the goods are presumed to have been delivered in the condition stated on the transport document.

It is strongly recommended to take photographs of the packaging, the equipment and any damage found before any handling.

The supplier of the equipment and the carrier are two separate parties. The carrier acts as a service provider responsible for transporting and delivering the goods.

Installation and commissioning

Unless otherwise stated on the quotation or purchase order, installation, electrical, gas, ventilation or exhaust connection, and commissioning of the equipment are not included in the sale price.

The buyer is responsible for the compliance of its installation and must, where necessary, have the connection and commissioning carried out by a qualified professional in accordance with the manufacturer’s instructions and the regulations applicable in the country of installation.

Before ordering, the buyer must in particular ensure that the electrical characteristics, available power, connections and dimensions of the equipment are compatible with its establishment.

Right of withdrawal

As these sales are concluded exclusively between professionals in the course of their professional activity, no right of withdrawal is granted, unless otherwise provided by mandatory legal provisions or by exceptional written agreement of the seller.

A validated order may therefore not be cancelled unilaterally by the buyer after its acceptance.

Warranty

Without prejudice to any mandatory legal provisions that may apply, professional equipment benefits from a contractual warranty of 1 year from the date of delivery, limited to parts recognised as defective.

The warranty covers only the supply of the parts covered by it.

Unless otherwise agreed in writing, labour, diagnosis, travel, disassembly, reassembly, installation, transport or technical intervention costs are not included in the warranty.

In particular, the warranty does not cover:

• normal wear and tear of parts
• damage resulting from improper installation or non-compliant connection
• use not in accordance with the manufacturer’s recommendations
• lack of maintenance or cleaning
• damage caused by an unsuitable power supply, voltage, gas connection or technical installation
• damage resulting from mishandling, impact or negligence
• modifications or repairs carried out without authorisation
• the use of parts or accessories not in accordance with the manufacturer’s recommendations

For any warranty claim, the buyer must provide the information needed to identify the equipment and any information required for diagnosis, in particular photographs, videos, the serial number or a precise description of the fault.

The seller may require a diagnosis to be carried out before sending a replacement part.

Liability

The seller cannot be held liable for damage resulting from incorrect installation, non-compliant connection, improper use, lack of maintenance or failure to follow the manufacturer’s instructions.

The buyer remains responsible for choosing the equipment in light of its professional needs, its activity, its premises and the technical characteristics of its installation.

The seller cannot be held liable for any impossibility or delay in performance resulting from an event beyond its control, in particular in the event of manufacturer delay, supply shortage, transport difficulties, strike, natural disaster, fire, conflict, administrative decision or any other event having the characteristics of force majeure under the applicable regulations.

Personal data

The personal data collected are used for the management of enquiries, quotations, orders, deliveries, invoices and business relationships.

They are processed in accordance with the applicable personal data protection regulations, in particular the General Data Protection Regulation (GDPR).

For more information on the use and retention of personal data, the buyer may consult the Privacy Policy available on the website.

Applicable law and jurisdiction

These General Terms and Conditions of Sale and the sales contracts arising from them are governed by Italian law.

For international sales, the application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is expressly excluded.

Any dispute relating to the formation, interpretation, performance, non-performance or validity of a contract concluded under these GTC shall fall within the jurisdiction of the competent courts for the place of the seller’s registered office, unless otherwise provided by mandatory legal provisions.

Acceptance of the General Terms and Conditions of Sale

By validating the order, quotation or purchase order, the buyer acknowledges having read these General Terms and Conditions of Sale and accepts them without reservation.

These GTC form an integral part of the contract concluded between the seller and the buyer.

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