General warranty terms and conditions

Foreword

All commercial agreements between M-Pix Srl and the Purchaser of its products are defined only by the following standard conditions and exclude any other negotiation unless separately agreed, set out and approved in writing by M-Pix Srl Anyway, M-Pix Srl will not be held responsible for any direct and/or indirect damage caused by the present goods supply, such as (and not exclusively) loss of income, decrease in the level of production, additional financial costs associated to the purchase, use or lack of use of the system(s) fitted with our laser source(s). These general conditions shall prevail over any general conditions of the Customer, even if indicated or referred to in the orders. The general terms and conditions shall be governed by and interpreted in accordance with Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on Contracts for the International Sale of Goods, as well as the rules of private international law, is expressly excluded.

Terms of warranty

The sole Manufacturer’s commitment is to replace/repair all spare parts presenting a manufacturing fault for a period of 24 months from the delivery date of the goods and within the warranty contract period. Such warranty agreement could be extended to a further 12 months under a specific contract between M-Pix Srl and the Customer which has to be stipulated before the order confirmation. Such Warranty condition together with the eventual extension will be acknowledged exclusively to the Purchaser of the M-Pix Srl product and under no circumstances to the end user of the integrating system for the product. The provision of this agreement is the only remedy offered to the Customer in case of defective products of M-Pix Srl, being excluded, by mutual agreement between the parties, the other remedies provided by law.

Terms of delivery

Terms of delivery are suspended if the customer, after closing the contract with M-Pix Srl, makes changes to the order which are accepted by the Supplier. The Supplier will not be held responsible in case of non-delivery, delays or any other obligation set out in the contract due to parts provisions, suppliers, vendors or any other unforeseen circumstance(named force majeure) outside the control of M-Pix Srl In case of force majeure the purchaser must be informed immediately by M-Pix Srl In the event of force majeure, such as, for example, fire, natural disasters, strikes, restrictions in the use of energy, general lack of raw materials, interruption of transport, and in any other case of difficulty in respecting the terms and methods of execution, the Supplier shall be entitled to request the suspension and resumption of the execution of the individual order within a different term, following the termination of the cause of force majeure, to be agreed between the parties.

Restrictions

This warranty will only be applied to manufacturing faults detected in the product (faults which could have been present before delivery) and not to those caused by the normal use of the product. The Manufacturer will not be held responsible for performance limitations, for faults due to mis install and/or misuse of the equipment, for faults due to non-conformity material supplied by the client and/or as a consequence of works carried out by the client. Specifically for commercial products such as Passive Components, M-Pix SRL will not be held responsible for any loss of performance and/or decrease in optical performance due to the deterioration of the power supply system (external optical components/electric power supply, etc.) provided by the client for completing system installation. Our warranty will be declined if the original fault is not reported within one month from the date of its manifestation. Our warranty will be declined in case of mishandling of the product, if the warranty seals have been removed, if any maintenance work has been carried out by a non-authorized personnel, if spare parts have been replaced by non-original ones and in cases of misuse of the equipment (when the end use of the equipment is not the one initially intended by the Manufacturer or is different from the one previously agreed with the Manufacturer). Furthermore, the warranty does not cover damage caused by failure to observe the warnings provided by the Manufacturer in the user manual of the product purchased by the Purchaser. This warranty will be declined if the goods received for repair are found by M-Pix Srl, at its sole discretion, not to have been well maintained and cleaned thus compromising its normal use. In such instances M-Pix Srl will supply photographic evidence in a timely manner to the client. Burden of proof will be by M-Pix Srl The opposite burden of proof shall be borne by the Purchaser of the product.

Repairs

The sole Manufacturer’s commitment is to restore the product conformity within the warranty period taking into account the above restrictions through repair and replacement works of each part identified with a manufacturing fault. The works will be carried out in a timely manner and at no extra cost, except under impossible circumstances or when the cost is disproportionate with the value of the product. The Manufacturer’s warranty is ex our works. All goods to be repaired will have to be sent to our factory address ex our works.

Customers are advised to first contact our After Sales department either by email: support@mpix.it or by fax: +39 0331 774772 in order to benefit from our Technical Support service during the warranty period. Our After Sales personnel will verify the need to return the product/component under warranty and will then allocate a RMA number (Return Merchandise Authorization) thus enabling the repair works to be carried out. All transport expenses are to be paid by the Customer, both for sending and having the goods back. All costs for any maintenance works carried out to repair non-manufacturing faults detected in the original product or its components will have to be paid by the Customer. The shipping of all RMA goods to our factory has to be arranged within two weeks from the date of notification of the fault.

Faulty products under warranty

Our service or product replacement under warranty is based on an exchange policy. The Manufacturer can repair or replace a product with a new or a reconditioned one. All components and spare parts replaced under warranty are property of the Manufacturer. All products will be replaced in their original manufacturing conditions, therefore any operational environment previously created or configured by the client will not be reconfigured.

Note: If no fault is detected in the warranty/no warranty product it will be returned to the Customer ex our works. The Customer will have to pay an hourly rate for testing the product, the cost of which will be specified in our internal price list (Technical Assistance price list).

Faulty product out of warranty

Products which are out of warranty or under an expired warranty can still be repaired or replaced by the Manufacturer with a new one or a reconditioned one. The Manufacturer will issue an estimate for the repair/replacement works of the faulty product to the Customer before carrying out the repair works. In such Instances M-Pix Srl will prepare a quotation of maintenance costs to be submitted to the Customer for approval The quotation (Repairing quotation) will have to be approved within a week of being issued to avoid the goods to be returned to sender ex our works. Should the Client not accept the quotation, M-Pix Srl will reserve the right to charge the Customer, that by signing these general terms and conditions it accepts, the sum of Euros 100, 00 (excluding VAT) in order to cover both testing and administration costs. All products repaired out of warranty will be issued with a 6 months warranty limited to the replaced parts.

Shipping

All shipping documents will have to clearly show the reason for shipping as indicated by our After Sales Department, both for warranty and out warranty products. The description of the product/component to be repaired will have to include the code name of the product/component issued by the Manufacturer and the serial number when issued. The product/component to be repaired will have to be sent in its original packaging or at least inside suitable packaging. The Manufacturer can decline cover under warranty if the product is received inside unsuitable packaging. The Customer will have to pay for a new original packaging material should the goods be received inside unsuitable packaging.

Validity period

This warranty is valid from delivery date of the goods.