General Conditions of Sale for Foreign Countries

2. PRICES

List prices do not constitute a commitment and may be changed, subject to our prior notification before dispatch of the goods and within the limits of the order confirmation, changes to the price list may be communicated without prior notice.

3. PRODUCTS

Our products are scrupulously tested and are only intended for sale if they are found to meet our quality standards in accordance with the quality certification procedures, subject to usage tolerances.
The products must be used as indicated in our technical data sheets requested from the Technical Department stamped and signed.
For easy reference, data sheets are available at www.mpmsrl.com.
The quality of the products is defined within the limits indicated by us and we are not liable for any negative results resulting from their use.
It is the customer’s responsibility to check that the products of interest are not superseded or replaced by later editions and/or new formulations. Our Technical Department is at the customer’s disposal to resolve any doubts. However, advice on use is not binding and the customer remains responsible for testing our products for their suitability and specific use.

4. RECEIPT AND ACCEPTANCE OF ORDER

The order must be received in the following manner:
• Directly from customers by e-mail.
• From agents or area managers by e-mail.

Telephone orders will be accepted as pre-orders and must be confirmed within 24 hours. Orders must be received complete with all information necessary for their correct processing.
For new customers, orders will be accepted if accompanied by an information sheet and a request for assignment. The order determines the customer’s acceptance of the general sales conditions MIXER SRL (MPM division), which reserves the right to accept the same. In the event of non-acceptance, the customer shall be notified in writing.
Once the order has been received and approved by the administration, an order confirmation is sent by e-mail within 48 hours with the date of dispatch/collection.
If no written acceptance is received from the customer within 24 hours after receipt of the order confirmation, no claims for deviations from the order will be accepted.

5. YIELD AND DELIVERY

The return of materials will be free of charge from our warehouse in Opera ( MI) via Adda, 15.

Stock products are available for collection from our warehouse after 3 working days from the sending of the order confirmation.

The modes of withdrawal are:

• • by
  • by carrier at the total expense of the
  • by our shipping service, with transport costs charged to the invoice.

For the collection of goods, suitable and legally compliant vehicles must be sent and equipped with a moisture protection system for the goods to be transported. Drivers must present themselves with the required personal protective equipment (PPE, ADR vehicle, 2-kg fire extinguisher on board).

The customer undertakes to collect the ordered material with a tolerance of 3 working days.

After this period, MIXER SRL (MPM division) is free to send the material to the customer by courier at its own expense or to cancel the order by charging the customer for handling and handling costs.

The average lead time for non-stock products is 8-10 working days from the date of receipt of the order.

For sample products and for products not included in the price list, the delivery period will be agreed at the time of ordering.

The delivery/collection date is indicated on the order confirmation and in the text of the e-mail.

Delivery terms are subordinate to unforeseen events such as work interruptions, delays or non-arrivals of raw materials, strikes and other causes of force majeure that result in the impossibility of observing the foreseen deadlines, without this entitling the client to claim compensation of any kind. MIXER SRL (MPM division) also reserves the right to reduce the quantity and/or make partial deliveries without this constituting a breach of contract.

During delivery, customers are obliged to check the material received (type, weight and number of packages), highlighting any discrepancies or damage to the carrier, making a written note on the transport document and having it countersigned by the carrier. A copy of the countersigned transport document shall be sent to us for recourse against the carrier.

Without “reservation on the bill” any complaint or recourse on the part of the customer will have no validity for the purpose of compensation.

In the event that the client does not provide specific indications for shipment, MIXER SRL (MPM division) will handle it according to the methods it considers most appropriate, without this entailing any responsibility for MIXER SRL (MPM division). VAT and any other taxes or levies relating to the order will be borne entirely by the client.

6. PACKAGING

The cost of the primary packaging (boxes, cartons, shrink-wrap, etc.) is included in the price and is understood to be sold outright.
The collection and disposal of empty containers is, in every stage, the responsibility of the user of the product in accordance with current regulations.
The CONAI environmental contribution is already included in the prices indicated in the current price list (L.D. 22/97).

7. MINIMUM ORDER AMOUNT AND QUANTITY

Le quantità minime ordinabili saranno comunicate di volta in volta.
Per i prodotti non inclusi nel listino il prezzo e la quantità minima ordinabile saranno comunicati a seguito di richiesta scritta alla nostra sede di Opera (MI).

8. PAYMENTS

All payments are always in advance unless otherwise agreed with the management.

9. RAL COLOURING MPM PRODUCTS

There may be slight colour differences between one job and the next; therefore, customers are requested to order the necessary materials for each job in one go.

For coloured product quantities of less than 10 packages, it is at the discretion of MIXER SRL (MPM division) to supply either already coloured material or neutral material + colour paste.

The colours are divided into two groups: Group I and Group II with the corresponding quotations.

For the product DUROGLASS CRETE, due to the nature of the product, the RAL colour may deviate from the RAL colour chart.

10. COMPLAINTS

Any claims for defective goods must be communicated to MIXER SRL (MPM division), in writing, within 8 days of receipt or within 24 hours of application, as provided for by art. 1511 of the Italian Civil Code. In the case of acceptance, MIXER SRL (MPM division) will provide for the replacement of the goods, without this constituting grounds for claims for direct or indirect damages, including damage from replacement works.

Complaints on non-conforming products may be accepted, subject to verification by MIXER SRL (MPM division) on an intact and non-expired packaging that will be provided free of charge by the customer; it is understood that the use of such packaging is recognised as “product proof”.

In the event of a complaint about a product that has already been applied, in addition to the packaging to be provided free of charge, the customer is obliged to provide MIXER SRL (MPM division) with all information concerning the current intervention:

• • Photo label (batch identification) and photo construction stages.
  • Site environmental conditions (ambient and substrate humidity, ambient and substrate temperature, etc.).

This information should be sent directly by e-mail to direzione@mixer.srl.

MIXER SRL (MPM Division) does not recognise any compensation for consequential damage or loss of profit.

No claims will be accepted on products of MIXER SRL (MPM division) used for processing cycles in which the solvents in the data sheet have not been used.

With regard to the use of MIXER SRL’s (MPM division) products and systems, it should be noted that it is only a manufacturer and therefore cannot be burdened with the responsibilities inherent to the functions of Site Manager and Director of Works.

For disputes or possible disputes, the competent authority is the Court of Milan

For complaints regarding material damage during delivery, please refer to section 5.

11. GOODS RETURNS

Any return of goods must be authorised in advance by MIXER SRL (MPM division) and sent to our factory in Opera carriage paid. MIXER SRL (MPM division) reserves the right to reject goods returned without written authorisation or not carriage paid. Packages must arrive undamaged and clean within 10 months of the product’s expiry date. Transport of the returned packaging will be at the expense and care of the customer. 

12. TRANSPORTI

Transports must always be carried out with vehicles and personnel authorised to do so in accordance with the regulations in force, including those on transport under ADR (hazardous materials).

Opera, 22/11/2024