MGF has the right to modify without forewarning its products in order to improve efficiency and functionality.
The following conditions refer to MGF sale, unless mandatory exceptions resulting from an agreement signed by both parties. With their acceptance the signer undertakes to obtain the reception of the following conditions from all involved people. This means physical or fiscal people (dealers, sub-agents, installers, designers, final users…) possibly involved in the sale, design, installation and use of the system realized with the offered MGF products.
Prices are meant for the goods ex warehouse and do not include V.A.T.
Any price variation without notice may occur, and will be confirmed in the order confirmation.
They have 30 days validity. In case of custom made products or services, the price refers only to what is indicated in the offer.
What is not included will be quoted in accordance with the current rate.
All the items in our catalogue are normally available in our wharehouse, except “custom made products” and what already sold.
Orders procedure starts immediately after orders receipt. When the order arrives we send a confirmation indicating the delivery date of the goods that has to be approved by the customer in case of possible changements to the received order, relevant to codes, prices, delivery dates or technical features.
In case of delay MGF will prompltly inform the Customer. Possible delays can’t be the reason of the suspension of payments from the Customer, that exempts since now MGF srl for damages of any nature due to the delayed delivery. Penalties for delays have to be agreed and signed by both parties at the contract stipulation. MGF srl will answer for damages occured during the transport only if it has to deliver the goods to the customer with its currier, if the Customer makes a reserve when he receives the goods and if damages are promplty reported at the goods receipt. In any case the Customer has the right to cancel the item if the announced delay exceeds 7 days from the expected delivery date.
Except what offered, MGF srl is not resposible for the executive planning of the installation, that has to be made by the installing company or by the Customer and has to be followed by a technician. Scouts (evenctually made) only help to correctly prepare the commercial offer and do not have to be considered as an executive project. MGF srl can supply an executive project to quote separately.
Installation and maintenance
After the delivery, the installation, tests and maintenance have to be borne by the customer in conformity with our instructions and with law prescriptions, for machines DPR n. 17/2010. Electric and hydraulic equipments have to be made in conformity to current technical regulations by qualified companies in accordance with DM 37/08. MGF disclaims any liability due to a lack or wrong project.
All orders are prepared and sent according to the Customer request. Unilateral recess can’t be accepted without the previous acceptance of MGF srl. As per art.1461 c.c., we can, even if the order started, stop the supply of the goods and withdraw from the contract, in case the economic conditions of the Customer, actual or occurred, do not offer sufficient guarantees of solvency.
The modalities of payment are indicated in the invoice as per the agreed conditions indicated in the offer.
For payments through cash order, the handling charges will be debited to the buyer.
For direct payments, rounding off or withholding are not allowed.
As indicated in the offer any delay of payment is a serious failure of the contract. In case of deferred payment, the absence of even one installment results the immediate revocation of the Customer from the benefit of term. MGF srl will have the right to immediately obtain the payment of what is still due without formal note. Alternatively, we can solve the problem with a written communication and we can stop all deliveries. In any case MGF srl has the right to claim damages and interests on late payments, accrued as per del D. Lgs. 231/2002.
Property of the goods
The property of the goods will be transferred only with the payment of the total amount of the goods. Until the property transfer the Customer has to use the goods with the diligence of the good father and to not yield in use for lease, loan or third parties. He is also obliged to prevent the imposition of constraints of all nature on goods and to immediately inform us about all what can damage goods and modify or reduce MGF rights on them. Installation costs, maintenance have to be at the customer charge. More precisely he has to pay expenses for expendable items, indipendently of the hours of use: seals, helds, nozzles, filters, lubricants, ogives…
The goods are transported at the buyer’s own risk, even if sold carriage free.
Packaging are made in parcels and pallets in accordance with the ordered goods. At the receipt of the goods it is important to check the quantity, the weight and the state of packages. Any claim can be accepted for goods received with written reserve on the transport document. The reserve made to the currier has to be communicated and documented the day of the goods receipt.
Vices and defects
Vices, defects or differences of the goods from what ordered has to be written, using the form on the catalogue that can also be downloaded from www.nebulizzare.com or www.mgftools.com websites, within and not after 8 days from the delivery of the goods. Disputes do not relieve the Customer from the obligation to pay the price. Warranty covers MGF srl products for a period of 12 months from the delivery, but MGF is limited also in the warranty period, to the repair or replacement of the defective good, after careful inspection and verification. In case of damage temporary substitution with similar products of MGF srl property has to be authorised by MGF srl if the responsible person considers it necessary. MGF srl responsability is excluded for any event included damages to things or person, following a wrong use of the good, in conditions that exceed their technical features, as per what indicated in catalogues, offers and manuals. In case of substitution of the goods under warranty costs of transport are icluded to the delivery address indicated in the offer, while we exclude disassembly and reassembly costs of all what has been installed and tested from third-parties. Warranty des not cover costs and delays due to downtime and due to what is not expressely indicated.
Goods are supplied complete with manuals of use and maintenance and with their documents. The customer is committed to read and make people read these documents before the installation and in case of doubts or not clear aspects will contact MGF technical assistance service before installing the system.
Delivered goods can’t be returned without explicit written authorisation from MGF srl. The return of the goods may be authorised only from MGF technical assistance service (SAT) that will send, after the report and submition of documents proof of purchase, coupon with transport marks, also in case of withdrawal made by an agent.
In any case, the returned goods will be accepted and the relevant amount will be accredited only if, from the verification and made report, the real integrity and defects of the goods are established.
MGF is not responsible for damages to persons or property caused by the use of contaminated water or by spraying voluntary or involuntary substances harmful to health or dangerous to surronding equipment.
MGF is not responsible for damage caused by improper installation, tampering, misuse of the product.
MGF can not be held responsible for the choices of installation unless you perform a complete project and executive system.
MGF srl is not responsible for breaches and delays due to exeptional, strikes or labor unrest, accidents, wars, insurrections or from other causes indipendent from the will of the company.
For any dispute, the Jurisdiction is PARMA court.