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197
GENERAL SALES TERMS
1. Entering into the Contract
1. The Contract is entered into upon the Purchaser signing the Offer of Sale sent by MM Lampadari.
2. Contacts made between the Parties, both verbal and written, that precede an Offer being issued form part of the pre-contractual negotiations and do not constitute the conclusion of the Contract, which may happen
only in the ways established in the first clause.
3. MM Lampadari undertakes to maintain the validity of the Offer of Sale for 60 days from the sending date, unless otherwise stated in the Offer itself.
4. Any amendment of these conditions shall be made in writing.
2. Sales Agents and Auxiliaries
1. The Purchaser acknowledges and accepts that MM Lampadari agents and trade auxiliaries in general do not have the power to bind MM Lampadari in any way whatsoever.
2. The Purchaser shall not be entitled to invoke, for the attribution of rights that do not comply with these conditions or the Offer of Sale, any derogations or tolerances that are not expressly approved by MM Lampadari.
3. Delivery
1. The Purchaser acknowledges that the delivery terms and instructions stated in the Offer of Sale are purely indicative. The delivery date cannot be considered a binding deadline.
2. The goods are produced by MM Lampadari in compliance with the regulations in force, as applicable.
3. The goods are delivered by MM Lampadari accompanied by an instruction sheet. The Purchaser distributing the goods shall also dispense the goods with the aforementioned instructions sheet. Failing to observe the
above, the Purchaser will be liable towards MM Lampadari for all direct and indirect damages that may be suffered as a result.
4. Unless otherwise established between the Parties, the goods shall be delivered ex works.
5. Regardless of the agreed upon terms of return, the Purchaser acknowledges and accepts that the goods travel at the Purchaser’s own exclusive risk. MM Lampadari’s obligation to deliver the goods is, in any case,
understood as being fulfilled upon MM Lampadari handing over the goods to the courier or shipper. The risks pass to the Purchaser, at the latest, with delivery to the first transporter or, if the Purchaser does not collect
the items in good time, from the moment at which the goods are made available to the Purchaser or upon the Purchaser breaching the Contract by not taking delivery of the goods.
6. The Purchaser accepts that the same has no right neither to refuse the goods delivered nor to return the same, if not in compliance with that set forth in Article 5 below.
7. The rejection of the goods by the Purchaser and/or their return outside the mechanism indicated in Article 5 shall constitute grounds for immediate termination of the Contract for MM Lampadari, with the right for the
same to retain the sums already collected by way of penalty. This right shall not lapse if MM Lampadari issues a Credit Note or equivalent document as a consequence of the rejection of the goods and/or their return.
8. Except in the case of wilful misconduct or gross negligence by MM Lampadari, any compensation for damage due to missed or late delivery of the goods in favour of the Purchaser is, in any case, expressly excluded.
4. Payment
1. The Purchaser undertakes to make the payments due with the means and under the terms indicated in the Offer of Sale.
2. If payment is not received in accordance with the terms indicated in the Offer of Sale, MM Lampadari shall have the right to consider the Purchaser in default and to terminate the Contract pursuant to Article 1456 of
the Italian Civil Code, withholding the amount received as a payment on account by way of conventional penalty, without prejudice to any greater damages.
3. Unless where otherwise agreed, the prices are understood as being for packaged goods based on industry uses, it being tacit that any expense or charge will be borne by the Purchaser. Transport costs shall be paid
by the Purchaser, unless otherwise indicated in the Offer of Sale.
4. The Purchaser is not authorised to make any deduction to the established price, not even in the event that alleged non-conformities are claimed, unless otherwise agreed upon in writing with MM Lampadari.
5. Complaints
1. Any claims relative to any apparent non-conformity, taken as meaning the presence of faults in the external characteristics of the goods, shall be reported by the Purchaser – at the risk of forfeiture – in writing to MM
Lampadari within 8 (eight) days from receiving the same. The Purchaser commits to the goods being submitted to suitable, diligent checks upon receipt.
2. Any claims relative to hidden non-conformities, taken to mean faults that are not immediately noticeable via a suitable, diligent check which the Purchaser is to perform upon receipt of the goods, shall be reported
by the Purchaser – at the risk of forfeiture – in writing to MM Lampadari within 8 (eight) days from such non-conformity being detected and, in any case, no later than twelve months from the same being delivered.
3. The Purchaser acknowledges and recognises that: i) any lack of uniformity in the shades and/or design of the decorations does not constitute a defect and/or fault, as these are characteristics of the hand-made
workmanship of the products; ii) MM Lampadari shall not be liable for any damages caused as a result of incorrect assembly or improper use of the goods by the Purchaser and/or in the event of failure by the latter to
comply with the instruction sheet; iii) under penalty of forfeiture of the warranty for defects and/or faults, the goods subject to any claim shall be properly stored by the Purchaser in such a way as not to compromise their
aesthetic or functional characteristics (by way of mere example, the goods are to be stored protected from inclement weather and adverse atmospheric conditions); iv) MM Lampadari shall not be held responsible for the
normal consumption of materials (such as light sources, seals, batteries); v) MM Lampadari shall not be held liable if the non-functioning of the goods delivered is due to the use of non-original or inappropriate materials
(such as the use of light bulbs that are not suitable according to the technical data sheet supplied); vi) MM Lampadari shall not be held liable if the electrical system of the sites where the products are installed does not
permit operation of or causes damage to the integrated light sources supplied.
4. Any claim shall clearly specify the non-conformity detected and the goods to which the same refers.
Returning goods for the purposes of checking the same is, in any case, subject to the non-conformity having been reported in advance, in compliance with that set forth in this Article and upon the written authorisation of
MM Lampadari for the return to be effectuated. If MM Lampadari authorises the Purchaser to return the goods, the goods will be checked by MM Lampadari at its facility, save any other provisions being established. If,
after carrying out its check, MM Lampadari confirms the existence of the non-conformity, that set in the following Article shall apply. Returned goods travel at the Purchaser’s expense and risk.
5. The period of limitation indicated in this Article is considered as being reasonable by both Parties.
6. Warranty on the goods
1. MM Lampadari commits to remedying any non-conformity in the goods that is attributable to the same and which is confirmed within twelve months from the goods being delivered to the Purchaser, provided that
such a non-conformity has been promptly reported in compliance with that set out in Article 5 above. A period of twelve months is agreed between the Parties in express derogation of that set forth in Article 39 of the
Vienna Convention.
2. In the case set out in the preceding clause, MM Lampadari will remedy any non-conformity, at its sole discretion providing for the replacement or repair of the goods (or parts thereof) found to be defective. If replacement
or repair is not possible, MM Lampadari may reimburse the Purchaser the price paid for the goods found to be defective.
3. The Purchaser expressly waives the right of recourse against MM Lampadari also pursuant to Article 134 of Italian Legislative Decree 206/2005 (or similar provision based on Article 3 of European Directive 1999/44/
EC dated 25th May 1999).
4. The obligations assumed by MM Lampadari with this Article are exhaustive and replace any warranty or liability established by law. It is thus agreed that MM Lampadari is expressly relieved of any other contractual
and/or extra-contractual liability, except in cases of wilful misconduct or gross negligence by MM Lampadari, whereby originating from the Products provided and/or their resale (including, by way of mere example,
compensation for direct and/or indirect damages, lost earnings, cancelled orders and penalties).
5. If claims or demands by third parties are made regarding defective goods, the Purchaser who distributes the goods shall refrain – at the risk of voiding the warranty – from making any allowance, admission or offer
of any nature whatsoever.
7. Self-protection
1. If MM Lampadari has reason to fear that the Purchaser cannot or does not wish to pay for the goods by the date agreed, MM Lampadari may: i) suspend the delivery of goods; ii) subject the delivery of the goods to the
full payment of that due or to payment terms and means different to those indicated in the Offer of Sale; iii) subject the delivery of the goods to suitable payment guarantees being made.
2. In the case of missed or late payments, including those relative to other supplies, MM Lampadari may unilaterally amend the payment terms and means, including those relating to other supplies, and/or suspend the
execution of such until payment has been received and/or suitable payment guarantees have been made.
8. No waiver
1. Any tolerance by the fulfilling Party of conduct of the other Party regarding the obligations set out under this Contract shall not be deemed as a waiver of the fulfilling Party’s rights, even if such conduct is reiterated
or continued.
9. Force Majeure
1. In the event of an unforeseeable event beyond the control of the Parties and which renders the execution of an individual Contract of Sale impossible (such as, by way of mere example, earthquake or other major
natural disaster, epidemic, health emergency, strike, war – declared or otherwise, a revolt or revolution, boycott, embargo or any event that might even be attributable to other MM Lampadari suppliers), the Parties
may suspend such execution. 2. Each party shall, in any case, promptly notify the other of any situation of force majeure which may arise and shall take every measure to limit its effect, to the extent within its power.
10. Applicable Law
1. This Contract of Sale is governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention, 1980) and, for matters not covered therein, by Italian law.
2. Any reference to commercial terms is understood as a reference to the Incoterms of the International Chamber of Commerce, in the text in effect on the date that this Contract is signed.
11. Jurisdiction
1. Any dispute that may arise from the validity, interpretation or execution of this Contract shall be dealt with under Italian law and jurisdiction, with the Judge in the location where MM Lampadari is based having exclusive
ruling powers.
12. Final Provisions
1. This Contract, along with any correlated documents, is drawn up in the English language. Communications between the Parties shall be in the English language. The Parties declare knowing and being familiar with
the English language.
2. Any amendment to these Conditions shall be made in writing.
energy
saving
energy
saving
Certifications
Prodotto conforme ai requisiti essenziali per la commercializzazione ed utilizzo
nell’Unione Europea.
Product in compliance with the essential requirements for the marketing and use
in the European Union.
Prodotto conforme a tutte le normative tecniche delle procedure di valutazione
dell’Unione doganale eurasiatica.
Product complies with all technical regulations of the Eurasian Customs Union
evaluation procedures.
Utilizzo da interno
Indoor use
Utilizzo da esterno
Outdoor use
Prodotto dimmerabile
Dimmable
Lampadina non dimmerabile
Non-Dimmable Bulb
Tensione d’uso
Voltage
Tensione d’uso
Voltage
Lampadina a LED sostituibile
Replaceable LED bulb
Non protetto contro l’ingresso di liquidi
Not protected against liquids permeation
Modulo LED integrato non sostituibile
Integrated non-replaceable LED module
Modulo LED integrato sostituibile
Integrated replaceable LED module
Da installare con foro per incasso
Recessed installation
Prodotto orientabile
Swiveling Product
Peso netto
Net weight
Peso lordo
Gross weight
energy
saving
Watt
10W
20W
5W
8W
15W
Type
E14
E27
G9
Lampadina dimmerabile. La compatibilità con i sistemi di dimmerazione è indicata nelle specifiche di ogni prodotto
Dimmable bulb. Compatibility with dimming systems is indicated in the specs of each product.
Lampadina non dimmerabile - Not Dimmable
Lampadine led / Led bulbs
GU 10
Gx53
