Premises. MUSIC & LIGHTS S.R.L. (hereinafter referred to as M&L) guarantees its products to be free from defects and malfunctions in production, which would render them unsuitable for the intended use. This document establishes the sole General Terms and Conditions for Assistance, Warranty, Returns, and Complaints that M&L offers to the entity purchasing (hereinafter referred to as the Client) products from the following brands: PROLIGHTS, TRIBE, ARCHWORK, DAD, PROTRUSS, PROAUDIO, GDE. The Client is required to carefully read these terms and conditions. The following conditions are valid starting from May 1, 2024. For all products purchased before May 1, 2024, the previously established conditions remain valid.
1. Duration of Warranty. a) The warranty lasts for 24 months from the date of shipment on all PROLIGHTS, TRIBE, GDE, PROAUDIO, PROTRUSS, ARCHWORK, DAD products. Different warranty durations apply in the following cases: 60 months (only on electronic parts) on the Architectural series, which includes Mosaico, ArcPod (excluding ArcPod21 and ArcPod36), ArcSpot, EclDisplay, EclMini, ArcShine (excluding ArcShine6 and ArcShine12), and EclPendant; 12 months on spare parts and repair interventions; 6 months on batteries (battery only, labor costs not included); 3 months on B-stock products (applicable only to products certified by M&L before sale). For distributed products, the warranty period is 24 months but is subject to possible variations based on the manufacturer's warranty conditions. The warranty period starts from the date of issuance of the sales invoice. b) Different warranty periods from those stated may be requested by the Client and will be indicated in the sales contract after evaluating specific application conditions.
2. Warranty Provisions. M&L guarantees to the Client the products during the Warranty period, the repair or replacement of all parts that are defective in material or workmanship, causing the malfunction of the product and compromising its operation in accordance with the specifications published by M&L. a) The Warranty is exclusively applicable to the Client who purchases the products directly from M&L. The right to Warranty is not transferable or assignable. b) The Warranty may be valid for a different period and under different conditions as possibly stated in the sales agreement. For matters not explicitly indicated, the terms stated in this document apply. c) Any repair or replacement of components or the equipment itself does not extend the duration of the Warranty period. d) Repair or replacement of the Product or the recognized defective part does not include removal or re-installation activities. e) No agent, distributor, or retailer is authorized to change, modify, or extend the terms of the limited Warranty on behalf of M&L. f) If during the examination of the device carried out by M&L's Technical Assistance Center, it is found that the damage does not fall within the terms of the Warranty, M&L will inform the Client, and the repair will follow the procedure established for non-warranty Assistance.
3. Forfeiture of Warranty. The Warranty expires and does not apply in the following cases: a) Products purchased as uncertified B-Stock by M&L, or specified as “as it is,” “seen and liked,” or any other written form indicating a condition other than new in the sales contract or order confirmation. b) If defects, malfunctions, or non-conformities arise from any force majeure event, damages during transportation, or from any abuse, improper use, abnormal use, or use in violation of any applicable standards, codes, or instructions, including, but not limited to, those contained in the latest safety, industry, and/or electrical standards for the specific country/countries. c) For all parts of the products that, by their nature or use, are subject to normal wear and tear or inevitable deterioration, including, but not limited to, lamps, fuses, audio membranes, speakers, boilers, and pumps for ambient effect machines. d) If any repair intervention or modification is performed on the Product without written authorization from M&L. e) If the Serial Number or product ID is not clearly legible. f) If the Client fails to observe, even once, the agreed-upon payment conditions. g) In the case of installations in corrosive environments or within 1 km from the sea (even for IP65, IP66, and IP67 products if not coated with C5M coating). In any case, M&L reserves the right to make a final decision on the validity of any warranty claims.
4. Request of Warranty. a) Warranty claims must be reported and sent to M&L's offices by completing the appropriate forms and specifying the following information: M&L product code of the damaged product; detailed description of the anomaly; serial number; number and date of the purchase document; any additional notes useful for identifying the anomaly. b) Warranty claims notified by the Client to M&L after the Warranty period has elapsed will not be accepted.
5. Accomplishment of Warranty. If the Warranty claim notified to M&L is deemed valid, in accordance with the terms of this document and approved in writing, M&L shall fulfill the Warranty in one of the following ways: a) Sending the necessary spare parts if it is believed that the Client is technically capable of repairing the product. b) Repairing the defective product if it is believed that the Client is not technically capable of repairing the product. c) At M&L's sole discretion, if none of the previous remedies is applicable, the option may be chosen to refund the net purchase price paid by the Client for the defective finished products or spare parts, less a reasonable depreciation of value depending on the use or age of the product, or to replace the product with a new or deemed equivalent 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 carriage paid to M&L's premises (DDP Minturno, Italy), as per Incoterms 2020 ICC, at the expense and risk of the Client. b) The repaired or replaced product or spare parts, if the Warranty claim is deemed valid in accordance with the terms of this document, will be returned to the Client at M&L's expense. c) If the Product is found to be free from defects, M&L may charge the Client for handling and inspection expenses. d) Receipt of goods, products, or spare parts at M&L's premises without authorization and/or the RMA form attached to the transport document will not be accepted and will be rejected.
7. Disclaimer of Implicit Warranties and any other Warranties. a) This Warranty is limited, and the remedies provided herein constitute the sole warranties offered by M&L regarding the Products, replacing and excluding any other warranty, whether express or implied, to the extent permitted by law, including, but not limited to, warranties of merchantability or fitness for a particular purpose. b) These terms and the terms contained herein establish the maximum amount of liability of M&L, its obligations towards the Client, as well as the sole and exclusive remedy available to the Client in the event of defective or non-conforming Products, which remedy shall be understood as comprehensive and substitute for further forms of warranty or liability, even derogating from legal provisions, to the extent permitted, and exclude any other form of liability (whether contractual or extra-contractual) attributable to M&L for defects, non-conformities, or deficiencies in quality, even if M&L has been notified or is aware of such defects.
8. Limitations and Conditions. a) This is a limited Warranty and excludes, among other items, installation, means of access to the products (scaffolding, lifts, etc.), and special, incidental, and consequential damages (such as loss of economic profits/foregone earnings, property damage, or other extensive costs not previously mentioned), and is further defined by the limitations and conditions set forth in the relevant Warranty and these terms and conditions. b) Upon request, representatives of M&L must have access to the Product, system, or application for verification of the reported non-conformity. c) M&L cannot be held responsible for power conditions, including power spikes, over/under-voltage, and current control systems that are beyond the specified limits of the products and beyond those defined by specific power supply standards.
9. Repairs not Covered by Warranty. Per all products that do not fall within the aforementioned Warranty terms and conditions, M&L offers a centralized repair program that includes repair and subsequent testing of the product. The delivery and subsequent retrieval of materials are at the expense and risk of the Client. The repair service is governed by the following terms and conditions: a) For all interventions costing more than 30% of the purchase price of the product, with a minimum of €200, M&L will provide a cost estimate. The Client's signature on the estimate indicates acceptance, along with these conditions. b) Upon acceptance of the estimate, M&L will schedule the intervention as soon as possible, respecting the repair schedule. c) If M&L does not receive any written confirmation of the repair estimate within 8 days, or if the estimate is not accepted, the product will be returned unrepaired, with handling costs charged. d) If it is found that the returned material does not exhibit any malfunction or anomaly, the product will be returned unrepaired, with hourly labor costs charged. e) Payment for the repair materials can be made by advance bank transfer or cash on delivery. In default, M&L has the right to retain the product and the repaired material.
10. Return of Goods. a) Returns of merchandise can be accepted only for the following reasons: 1) Inversion/Excess: the delivered goods do not correspond to what is stated on the delivery documents; 2) Order registration error: a transcription, comprehension, or typing error has occurred for which M&L is responsible. b) Returns can be accepted only under the condition that the products are: 1) delivered no more than 8 days ago; 2) of normal production (not custom-made or on specification) and recognized in the information system with an active code; 3) in their original and intact packaging; 4) in perfect commercial condition. c) In the case of buyer ordering error, i.e., not attributable to M&L, the Client will be charged an amount equal to 20% of the original sale price, and in any case not less than 50 Euro, for administrative costs. However, M&L reserves the right not to accept the return, or to apply a higher percentage for administrative costs in the case of merchandise returned beyond the above-mentioned deadline, and/or without packaging, and/or in conditions different from new. d) The returned products must be delivered carriage paid to M&L's premises, at the expense and risk of the Client. e) M&L reserves the right to evaluate exclusively the returns requested by the Client by filling out the R.O. (Return Order) form. f) Any authorization for return is communicated to the Client upon acceptance of the R.O. form, the printed copy of which must always be attached to the merchandise delivery documentation. g) Any receipts of merchandise, products, or spare parts at M&L's premises without authorization and/or the R.O. form attached to the transport document will not be accepted and will be rejected.
11. Right of Withdrawal. a) The right of withdrawal with refund of the amount paid is a particular form of Warranty and therefore is subject to all the above provisions. It can be exercised within 8 calendar days from the delivery date for products proven to have a defect attributable to the manufacturing/commercialization process, and not to improper use by the Client or damage caused by transportation.
12. Complaints about Delivery Notes. The Products travel at the risk and peril of the Client even if sold under “porto franco” terms. Therefore, it is the responsibility of the recipient to inspect the condition of the delivered materials and immediately note any reservations to the carrier, notifying M&L's offices accordingly. Otherwise, the delivered Products will be deemed accepted, and the Client will not have the right to contest any defects or faults of the Products. In particular: a) Claims for missing packages will be accepted and evaluated by M&L only if immediately noticed at the time of delivery and approved by M&L. b) It is necessary to always check, upon delivery, the number of packages and any visible damages, which must be noted on the DDT (Delivery Document), dated (date of receipt of the goods and company stamp), and signed in agreement with the carrier. c) In case of justified inability to proceed with the verification, annotate “SUBJECT TO VERIFICATION,” dating (date of receipt of the goods and company stamp), and signing in agreement with the carrier. d) At the time of delivery, provide a copy of the DDT to the carrier. e) Always send the complete DDT with the aforementioned information, within 8 calendar days from the delivery date, addressed to the commercial office of M&L. f) Claims that do not comply with the above procedure will not be accepted. g) Claims of any nature will not be accepted after 8 calendar days from the receipt of the goods. h) The goods always travel at the risk and peril of the Client even if agreed under “franco destino” terms; any claims against the carriers are the responsibility of the Client/Recipient.
13. Final Provisions. The present terms and conditions constitute the indivisible contract between M&L and the Client and override any previous communication, representation, or Contract between the parties, whether written or verbal, regarding the repair service. The eventual nullity or ineffectiveness of a clause of these general conditions, for any reason whatsoever, will not invalidate these general conditions in their entirety.
14. Jurisdiction and Court. All sales contracts concluded by Music & Lights, regardless of the nationality of the Client and the destination of the Products, are governed by Italian law or, at the discretion of M&L, by the law of the jurisdiction where the Client or M&L is headquartered. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, and other Conventions governing international sales and conflicts between laws, is expressly excluded. Any disputes arising between the Parties are subject to Italian jurisdiction and the exclusive competence of the court where Music & Lights is headquartered, except for M&L's right to bring an action where the Client is domiciled or resides. In the event that the General Conditions are drafted in multiple languages, the Italian language text shall prevail.
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