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GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions of Sale provide detailed information regarding the commercial contract between Dometic Mobile Power Italy S.r.l. located at Via Giovanni Pascoli, 96/98, 65010 – Cappelle sul Tavo (PE), VAT No.: 02065080687 (“the company” or “MPS Italy”) and the customer.

Offers and Orders

  1. If MPS Italy’s offers lack a validity date, the end of the year from the issuance date should be considered as the expiry date.
  2. Orders must be transmitted only in written form and will be considered firm and irrevocable.
  3. Orders received from customers cannot be canceled or modified. Should an order be canceled or modified, the customer will reimburse the company for the costs incurred up to the date of cancellation or modification, including but not limited to the cost of raw materials, logistics, and order handling costs.

Delivery Terms

  1. The delivery terms are not binding for the company. MPS Italy reserves the right to make partial deliveries, advance or reasonably delay the delivery of all or part of the goods, without this giving the Purchaser any right to request the total or partial cancellation of the sale, nor any compensation or indemnity. However, every effort will be made to fulfil the order on the requested dates. Delivery terms are always those cited in our written order confirmation.
  2. In case of delivery delay due to the Purchaser’s fault or refusal to accept a delivery, we reserve the right to store the goods at the Purchaser’s risk and expense. The Purchaser’s delay or refusal to accept delivery does not in any way affect the payment terms of the shipped goods.

Warranty, Period, and Commencement

  1. The warranty is 2 years for batteries and other electronic devices, except for the Tempra Lithium Battery, for which the warranty is 5 years.
  2. The warranty starts from the date on the final user’s receipt or purchase invoice, or from the vehicle registration date if the products are first-installed equipment (on caravans, campers, boats, special vehicles, etc.). If the start date defined above is more than 6 months after the MPS Italy sales invoice date, unless otherwise agreed in writing, the warranty will start from the MPS Italy invoice date plus 6 months.
  3. Warranty replacement of the product or a component does not extend the warranty period. In case of warranty replacement of the product or a component, no new warranty period starts for the replaced product or component, but the original product’s warranty period is still applicable.

Warranty, Access Procedures, and Warranty terms

  1. At the sole discretion of MPS Italy’s assistance department, the warranty may be recognized through one of the following methods:
    a. Repair of the defective product.
    b. Replacement of the defective product with a new or used equivalent model.
    c. Credit for the originally invoiced price.
  2. Any return of an MPS Italy product, whether defective or presumed defective, can only be made if authorized in writing by the company’s assistance department. The return authorization form issued by MPS Italy must be affixed to the package. Unless otherwise agreed in writing, the company will not recognize refunds for costs related to the disassembly and/or installation of defective, repaired, or replaced products.
  3. To access warranty conditions, the RMA assistance request form must be submitted, accompanied by the final customer’s receipt or purchase invoice, containing the code, description, serial number of the purchased product, and the retailer’s name. For first-installed equipment products, proof of the vehicle registration date must be provided.

The warranty is valid if:

a. Routine maintenance, as specified in the user manual, has been carried out.
b. The product has been correctly installed following the installation instructions.

The warranty will not be recognized if:

a. Routine maintenance, as specified in the user manual, has not been carried out.
b. The purchase date cannot be proven.
c. Serial numbers have been altered.
d. The product has been tampered with or used carelessly.
e. Damage is caused by incorrect installation or improper storage during disuse.

Warranty, Additional Notes

a. Assistance services may only be provided by the retailer from whom the product was purchased.
b. In the event that, following written agreements, on-site assistance is provided during the warranty period, no charges will be accepted by the company unless previously authorized in writing by the MPS Italy assistance department.
c. Requests for on-site assistance without the aforementioned written agreements or outside the warranty period must be verified for feasibility with the retailer from whom the product was purchased. The costs and payment terms for the service must be agreed directly with the retailer.

Warranty, details

  1. The transport of out-of-warranty products is entirely at the owner’s risk.
  2. The company does not provide “loaner” products to manage equipment downtime during assistance periods, whether under warranty or out of warranty.
  3. In case of warranty replacement, the returned products or parts become the property of the manufacturer.
  4. By purchasing MPS Italy products, the buyer declares that these products meet 100% of the technical specifications requested and are suitable for the intended use.
  5. The company is available to provide its customers with all its technical know-how, both before and after the purchase, to support customer satisfaction. This availability should not in any way be considered as an assumption of responsibility by MPS Italy for the use of the products themselves: by using MPS Italy products, the buyer confirms that they are responsible for the technical choices made and the holder of the project involving the use of MPS Italy products.

Delivery Terms

  1. Unless otherwise agreed in writing, shipments are made “carriage paid” with an invoice charge..
  2. For carriage-paid shipments, in the event of shortages or damage, the buyer must indicate specific reservations on the courier’s device and inform MPS Italy in writing within 3 days, providing a copy of the delivery note and photos documenting the damage. If there is hidden damage not visible at delivery, the company must be notified in writing within 7 days, with the same documentation. Failure to comply will void the buyer’s right to compensation.
  3. For “carriage forward” shipments, any damage claims must be handled directly with the carrier.

Product Returns

No product returns will be accepted without prior written authorization from the company.

Product Conformity and Intended Use

  1. By purchasing MPS Italy products, the buyer confirms that these products fully meet the required specifications and are suitable for the intended use.
  2. The company is available to provide its customers with all its technical know-how, both before and after the purchase, to support customer satisfaction. This availability should not in any way be considered as an assumption of responsibility by the company, as by using MPS Italy products, the buyer confirms that they are responsible for the technical choices made and the holder of the project involving the use of the company’s products.
  3. The buyer agrees to follow the installation instructions in the product manuals. MPS Italy is not liable for defects caused by improper installation or use.

Liability

The company will not be liable for any consequential or indirect damages arising from or in connection with order fulfillment, including but not limited to loss of time, profit, interest, or production. The total sum of the company’s liability will never exceed the total order price.

Prices, Payments, Late Payment Interest

  1. MPS Italy products are priced according to the list in effect at the time of the order, unless otherwise agreed in an official document.
  2. The company reserves the right to change the list prices without notice. The customer is responsible for requesting the latest price list.
  3. Payments must be made according to the agreed terms. The standard payment method, unless otherwise agreed in writing, is bank transfer in advance.
  4. Failure to make even partial payments on the agreed due date will result in automatic and immediate accrual of late payment interest.

Patent and Trademark Rights

All ownership rights, including but not limited to patents, trademarks, and know-how, related to the products as described in catalogs, images, drawings, technical specifications, and other materials remain the sole property of MPS Italy. No license or rights are granted except for the right to use and resell the products.

Retention of Title

This sale is made with a retention of title (Art. 1523 C.C. and following), meaning the products remain the property of the Seller until the full price is paid by the Purchaser.

Purchaser’s Declarations

In accordance with D.P.R. 633/72 art. 21 and 41/c, the Purchaser confirms the accuracy of the name, address, and tax code/VAT number provided.

Applicable Law and Competent Court

Any dispute arising from this contract will be governed by Italian law. The competent court is Pescara.