Terms and Conditions for Warranty and Support

GENERAL SUPPORT, WARRANTY AND CLAIMS CONDITIONS
1. Premises. Music & Lights (M&L) guarantees its products free from defects, manufacturing faults which make them unsuitable for the use for which they were designed. The document hereof defines the unique Terms of Service, Warranty, Returns and Claims that the M&L company offers to the individual who has purchased products of M&L proprietary brands: Prolights, Arch- Work, DAD, Protruss, Proaudio, GDE, DIGILITE. 
2. Duration of Warranty. a) The statutory warranty is valid for 24 months. In case of industrial or professional use or in case of use similar to this guarantee, it is valid on the basis of the following indications valid from 1st January 2021: PROLIGHTS 2 years; ARCHWORK 2 years; TRIBE 2 years; PROAUDIO 2 years; DAD 2 years; PROTRUSS 2 years; GDE 2 years; Products distributed according to brand's policy, Batteries 6 months (battery only, labor costs not included); Spare parts 1 year; B-stock not applicable (see section 4a); Consumable parts not applicable (see section 4c). For all products used before 1st January 2021, the conditions previously established are valid. The Warranty period starts from the delivery date, indicated on the original purchase fiscal document and/or the production batch. b) Warranty periods different than those set out might be requested by the Purchaser and will be agreed in the sales contract after evaluating the specific application conditions. c) The Warranty is valid for all those used products, which have been certified as such by M&L before the sale, for 90 (ninety) days from the Delivery. No Warranty will be applied to used products that are not certified by M&L before the sale.
3. Warranty provisions. M&L provides the purchasing party of its products (hereinafter: 'Purchaser') that during the warranty period defined below, M&L will repair or replace its products lacking in material or workmanship that cause the product malfunction and they fail to operate in accordance with specifications published by  M&L for the product, starting from the shipping date, according to the terms of this limited warranty. a)The warranty applies to products sold in Europe, Middle East and Africa (hereinafter "Product"). In other countries, may apply different terms and conditions. b) The warranty applies only to the Purchaser  who purchases  products directly from M & L. The warranty right is not assignable or transferable to any subsequent Purchaser. c) The warranty will be valid for a period and on terms as may be reported in the agreement of sale. With regard to not indicated or otherwise, are applicable the terms stated herein. d) Any repair or replacement of  parts or the equipment itself does not extend the duration of the warranty period. e) The repair or replacement of the Product or the defective part acknowledged,  does not include removal or re-installation activities, any occurred cost and expenses, including but not limited as an examplecosts and labor costs. f) No agent,  distributor or dealer is authorized to change, modify or extend the terms of the limited warranty on M&L behalf. g) If during the device test carried out by qualified M & L Service team , M&L should find that the damage is not covered by warranty terms, M&L will inform the Purchaser, and the repair will follow the Iter expected for  repair out of Warranty. 
4. Forfeiture of Warranty. The warranty is void and does not apply in the following cases: a) Products purchased as used, Ex-demo, Open box, or specified "as it is", "as seen and approved," or other written form to indicate a state other than New in the sales contract. b) If there are defects, malfunctions or noncompliance arising  from any force majeure, damage caused during transport, or by any abuse, misuse, abnormal use or use in violation of any standard, code or instructions of use applicable, including, by way of example and by no way of limitation , those contained in the safety regulations, sector and / or for the newer electric to the specific  country/ s. c) For all product parts which, by their nature or use, are subject to normal wear, or inevitable deterioration (lamps, LEDs, batteries, mechanical assembly, fuses, audio membranes, speakers, boiler and pumps for ambient effect machines, etc etc …). d) The warranty will be void if any repair or modification on the  product is made by a person not duly authorized in writing by M&L. e) Serial Number or product ID is not clearly legible or it has been removed. f) The Purchaser loses thewarranty if the terms of payment has not been observed, even at once. In any case, M & L reserves the right to make a definitive ruling on the validity of any  warranty claims. 
5. Request of Warranty. a) Any warranty claims in respect to any defect on finished products or spare parts, that the Purchaser has discovered or should have discovered during the inspection / testing at the reception of the goods, must be notified in writing via e-mail to M&L, within 8 days from the delivery date of the material.  At any time after these terms it is considered that the Purchaser has accepted the product or replacement parts as "not defective." b) The warranty request must be reported and sent to M&L offices, filling out the appropriate forms and include the following information: M&L order code of the damaged product ; ID and date of the  shipping document and the sale invoice; Serial Number, or Product ID; Detailed description of the failure, quantity and % of failure, , eventually "date code" error; application, operating hours and power cycles. c) Requests of warranty notified by the Purchaser after the expiration of the warranty time will not be accepted.  
6. Accomplisment of Warranty. a) If the request of warranty is notified to M&L,and it is considered Valid, in accordance with the terms hereof , M&L will accept and accomplish the warranty by returning a signed RMA-Support form. b) M&L can accomplish its warranty obligations in the following terms: 1) if M&L has reason to  believe that the Purchaser is technically able to repair the defect on site, and if necessary with the support of M&L qualifiedtechnical support and customer service, M&L will accomplish  to the warranty by providing the necessary spare parts ; 2) if the Purchaser is not technically able to to repair the defect, M&L will repair the  defective product or spare parts. 3) If it becomes necessary to replace the Product, M&L assumes all ownership rights to such finished goods or spare parts replaced; replacement of products or spare parts will be: equivalent or substantially similar to the finished product or parts (which may change a little in design and technical  specifications); new, as a new or refurbished. At the sole discretion of M&L, where none of the above remedies is applicable, M&L can refund the Purchaser calculating the net purchase price paid for finished products or parts recognized as defective parts, less a reasonable depreciation in the value, variable by the  duration of use or age. 
7. Transport and other occurred costs related to warranty requests. a) The product or spare parts to be repaired or replaced must be delivered to M&L as DAP (delivered at place - Incoterms), at Purchaser's expense and risk; b) The product or parts repaired or replaced, if the warranty request is deemed valid  in accordance  with the terms hereof and writing approved by M&L, will be returned to Purchaser at M&L expenses. c) M&L will charge the Purchaser of the expenses for returned Products that are not defective or non-compliant, together with management costs, verification and associated transport, with a minimum expense of 30 Eur. In this  case the only accepted payment term will be in cash , throughbank transfer in advance or by credit card or by Cash on delivery. d) Any eventual arrival of goods, products or spare parts at M&L, without formal authorization and / or RMA-Support attached to the delivery note will nor be accepted and will be returned to sender. 
8. Disclaimer of implicit warranties and any other warranties. a) The hereof warranty terms and the listed procedures, form the only M&L warranty offered in connection with the Products, and it replace and exclude all other warranties and any other form of liability, whether express or implied, to the extent permitted by law,  including, by way of example and by no way of limitation, other trade warrantiesor fitness for a particular purpose. b) The present conditions and terms therein, stipulate the maximum amount of M&L liability , its obligations towards the Purchaser, as well as the sole and exclusive remedy available to the Purchaser in respect of defective products which are recognized under warranty or not comply, remedy that is deemed to include and replace any additional warranty or liability, as an exception to the law, to the extent permitted, and excludes any other form of liability (whether in contract is non-contractual) held by M & L due to defects, non-compliance  or quality deficiencies, even if M&L has been advised or is aware of such defects 
9. Limitations and conditions. a) This is a limited warranty and excludes the installation, the means of access to products (scaffolding, hoists, etc.), and special damages, incidental and consequential damages (for example, the loss of foregone income or costs, damage to property or other extended costs not previously  mentioned), and is further defined by the limitations and conditions laid down in the relevant warranty, and in these terms and conditions. b) By request of M&L, its representatives must have access to the product, system or application for verification of the reported non-compliance. c) M&L is not responsible for the electric  power supply conditions, including electrical peaks , over / under voltage and current control systems that are beyond the specified limits of the products and over to those defined by the specific power standards. d) In relation to products sold to Purchaser by M&L, that are not of M&L proprietary brands ( Ref. 1. Premises ), M&L  does not offer warranties of any kind, express or implied, including, without limitation, and not limited to, any trade warranties or fitness for a particular purpose, but will offer at the Purchaser's disposal, on request, solely to the fullest extent permitted by law and relevant contracts, the guarantees of the original manufacturer  of the product in question. 
10. Repairs not covered by warranty. For all products not covered under the above mentioned warranty terms and conditions, M&L has a centralized repair program which provides for the repair and subsequent testing of the product. The delivery and the subsequent pickup of the goods is intented to be at customer care,  expenses and risk. The repair service is ruled by the terms and conditions below: a) for all operations involving an amount exceeding 30% of the present value of the individual product, M&L will send a quotation of the repair. The confirmation  affixed by the Purchaser on the quotation determines the acceptance subject to the  following conditions. b) following the quotation acceptance, M&L will organize the the repair respecting the repair procedures. c) if within a period of 8 days M&L  does not receive any written confirmation to the repair quotation, or if the quotation is not accepted, the product will be returned unrepaired, with the charge of labor  osts. d) if the product returned for service doesn't point out any malfunction or error, the product will be returned unrepaired, with the charge of labor costs. e) the only accepted payment terms for services is intented to be by bank transfer in advance, or by Cash on Delivery. If not respected, M & L has the right of retention of the  product retention or repaired goods. 
11. Return of products. a) M&L accept return of products only for the following reasons: 1) Reverse / Surplus: the delivered goods do not correspond to the information on the delivery documents; 2) Quality: the product is non-compliance with the technical documentation; 3) error of order registration: there is an error of  understanding, or typing of which is responsible M&L; 4) Purchaser Order Error: Purchaser has made a mistake of ordering. b) The returns may be accepted only on the condition that the products are: 1) delivered by no more than 8 calendar days from the date of delivery; 2) normal production (not customized or by purchaser  specification) and recognized through standard M&L active order codes ; 3) in their original box and good condition of packaging; 4) In perfect commercial condition. c) In the case of Purchaser's order error, that is not attributable to M&L, Purchaser will be charged of an amount equal to 30% of the original selling price, but not less than 50 € uro, as a contribution to management costs. d)Returns must be delivered to M&L at DAP (delivered at place - Incoterms) condition, at Purchaser's expense and risk; e) M&L only accepts returns previously authorized. f) The authorization is communicated to the Purchaser upon completion of R.O. Return form,  which must always be attached to the delivery documentation of the goods. g) Any eventual arrival of goods, products or spare parts at M&L, without formal authorization and / or R.O.-Support attached to  the delivery note will nor be accepted and will be returned to sender. 
12. Right of withdrawal.The right of withdrawal by crediting the amount paid, is a particular form of warranty and is therefore subject to all the above provisions. It may be exercised, within 8 calendar days from the date of delivery, for products for which evidence defect attributable to the manufacturing / sales process, and not by  improper use by the Purchaser or to damage caused by transport. 
13. Complaints about delivery notes. a) Subject to M&L's approval and verification, any claim about missing products at delivery will be evaluated and processed only if communicated immediately upon delivery. b) It is always required to check and feature inspection of product upon delivery, concerning the number of packages  and any visible damage, which must be evidenced on shipping documents reporting the date and the claim object (date of the receipt and company stamp) and signed in accordance with the carrier. c)In case of justified inability to proceed with the verification, record "EXCEPT SUBJECT TO VERIFICATION", dating (date of  eceipt of the goods and company stamp) and signing with the carrier. d) Upon delivery, leave a copy of the shipping document to the nominee forwarder. e) Send always to Sales Department a copy of the shipping documents to M&L reporting all informations stated above no later than 8 calendar days from the delivery date. f)  M&L will not accept complaints that do not meet the above procedure. g) M&L will not accept claims of any kind after 8 calendar days from receipt of goods. h) The goods are shipped at the risk and liability of the Purchaser even if the transport has been managed by M&L with the forwarder , any complaints against the shipping  company must be handled directly by the purchaser with the forwarder. 
14. Final provisions and jurisdiction. These terms and conditions constitute the entire agreement between M&L and the Purchaser and replace any previous communications, representations or agreement between the parties, whether written or oral, relating to the repair service. Any eventual invalidity or ineffectiveness of any terms and conditions for any reason , will not cause the invalidity of the entirety present general conditions. The rights and obligations of the parties shall be governed by Italian law, the parties agree that the exclusive compente court is the Cassino FR one, thereby derogating the competence of any possible competitor court. 

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