Terms and Conditions

Welcome to Maissa

These terms and conditions outline the rules and regulations for the use of Maissa’s Website.

Maissa is located at:

via Nerino, 8 Milano
20121 – Lombardia , Italy

By accessing this website we assume you accept these terms and conditions in full.

Do not continue to use Maissa’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.

“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.

“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Italy.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies.

By using Maissa’s website you consent to the use of cookies in accordance with Maissa’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Maissa and/or it’s licensors own the intellectual property rights for all material on Maissa.

All intellectual property rights are reserved.

You may view and/or print pages from https://maissa.it for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://maissa.it
Sell, rent or sub-license material from https://maissa.it
Reproduce, duplicate or copy material from https://maissa.it

Redistribute content from Maissa (unless content is specifically made for redistribution).

User Comments

This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Maissa does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Maissa, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Maissa shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Maissa reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
1. You are entitled to post the Comments on our website and have all necessary licenses and consents to
  do so;
2. The Comments do not infringe any intellectual property right, including without limitation copyright,
  patent or trademark, or other proprietary right of any third party;
3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
4. The Comments will not be used to solicit or promote business or custom or present commercial activities
  or unlawful activity.
You hereby grant to Maissa a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors when they list us in the directory may link to our Web site in the same
  manner as they hyperlink to the Web sites of other listed businesses; and
5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
  and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long
as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American
  Automobile Association, AARP and Consumers Union;
2. dot.com community sites;
3. associations or other groups representing charities, including charity giving sites,
4. online directory distributors;
5. internet portals;
6. accounting, law and consulting firms whose primary clients are businesses; and
7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that:

(a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b) the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@maissa.it.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party’s site.

No use of Maissa’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site.

You agree to immediately remove all links to our Web site upon such request.

We also reserve the right to amend these terms and conditions and its linking policy at any time.

By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site.

You agree to indemnify and defend us against all claims arising out of or based upon your Website.

No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

General

These conditions apply to all contracts for the supply of goods or services by Maissa and unless agreed in writing by the company, no other conditions shall apply to the contract, irrespective of any conditions printed on the customers order form.

The contract or conditions means these terms and conditions and the whole of the contents of the document of which they are attached or on which they are printed.

Customer means the person or company who is the purchaser of the goods.

Maissa has the right to refuse an order at any time.

Goods Ordered

2.1 All orders are subject to the goods being available.
No verbal agreement to supply goods is effective unless specifically stated in writing with all charges detailed.

2.2 No variation to these conditions shall be binding unless agreed in writing between Maissa and the customer.

2.3 Any advice or recommendation given by Maissa to the customer or its agents as to the storage or use of the goods which is not confirmed in writing by Maissa is followed or acted upon entirely at the customers own risk, and accordingly Maissa shall not be liable for any such advice or recommendation which is not so confirmed.

2.4 Any typographical clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Maissa shall be subject to correction without any liability on the part of Maissa.

2.5 No order which has been accepted by Maissa may be cancelled by the customer except with the agreement in writing of Maissa and on terms that the customer shall indemnify Maissa in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Maissa as a result of cancellation.

Quotations

The prices stated in all written communication, including letterhead and email quotations are accurate at the time of publication however these are subject to alteration without notice.

All quotations are valid for a period of 30 days only.

After this time we reserve the right to refuse to quote, increase or decrease the original price quoted. All goods are invoiced at the price quoted and are subject to VAT which is charged at the current rate set by HMRC.

Payment and Terms of Business

4.1 All prices and payment terms will be advised on the initial enquiry and quotation.
These will then be reaffirmed on the invoice. All queries must be sent in email to info@maissa.it within 14 days of receipt of the terms.
All queries after this time period will be deemed invalid.
Prices and Payment terms after the work has been completed will not be deemed valid.
Maissa has the right to change the Payment terms at any time.
If Maissa feels the need to increase the price quoted during the work being carried out, this will be done in writing with the customer.

4.2 All prices given by Maissa are on an ex works basis and subject to the current VAT rates set by HMRC.
Where Maissa agree to deliver the goods, the customer shall be liable to pay Maissa charges for transport, packaging and insurance.

4.3 Payment for the goods shall occur on the date advised on the invoice issued to the customer.

4.4 The customer shall pay the price of the goods on the due date for payment and Maissa shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the goods has not passed to the customer.
The time of payment of the price shall be of the essence of the contract. Receipts for payment will be issued only upon request.

4.5 If the customer fails to make any payment on the due date then, without any prejudice to any other right or remedy available to Maissa, then Maissa shall be entitled to:
4.5.1 Cancel the contract or suspend any further deliveries to the customer.
4.5.2 Appropriate any payment made by the customer to such of the goods (or the goods supplied under any other contract between the customer and Maissa) as Maissa may think fit (notwithstanding) any purported appropriation by the customer); and
4.5.3 Charge the customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4 per cent pet annum above the Bank of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

Deposit Payments

In order to confirm an order, a deposit payment will be required and shall be paid upon agreeing the sale price.

In the event the customer fails to pay the balance when due we reserve the right at our sole discretion to retain the down payment as compensation for administration costs, inconvenience, loss, storage charges and the like.

All other payments made as noted on this form are non refundable.

Customers unable to complete payment on the due date for payment will be notified and if no satisfactory written contact is received within 14 days, Maissa reserves the right to sell the goods and any losses incurred will be charged to the customer, including all costs of storage, security and insurance.

Export Sales

As per the instructions of HMRC, we are obliged to only sell products to countries that are deemed as ‘safe’. It is our right to refuse an order on these grounds.

Proof of exportation must be provided in order for us to waive the VAT.

An order for export will only be deemed accepted upon receipt of the agreed deposit payment.

This will then secure the slot in production for your order.

Once your order is ready, we will advise by email with the balance invoice.

All balance payments must be paid and received by us within 7 days.

Failure to do so will result in your deposit payment being forfeited and the products will remain the property of Maissa and the order will be cancelled.

Health and Safety Regulations

Maissa does not warrant that the goods comply with any government regulations, CE marking, road traffic legislation, health and safety specifications or otherwise unless specifically stated on the goods or accompanying documentation.

The customer is advised to ensure that the goods comply with all relevant regulations and to carry out any relevant tests as necessary by professionally qualified engineers to ensure the safe use of the goods.

Operators should have full instructions on the operation of all equipment and have the necessary qualifications and certification as required.

Delivery & Carriage of Components & Goods

8.1 Maissa does not accept liability for non-or late delivery.
An estimated delivery date will be supplied to the customer during the initial quotation.
A confirmed delivery date will be given once payment has been received for the order and has gone into production.
We reserve the right to change the delivery date at any time and will notify the customer when deemed possible.
All delivery queries must be sent in writing on or before 14 days from the date of the invoice, any queries after this date will be deemed invalid.

8.2 Carriage charges and type of delivery will be stated in the written quotation.
It is the customers responsibility to ensure they can take delivery of the goods order.
Delayed or refused deliveries will be deemed chargeable to the customer.
Claims for damaged goods in transit will not be accepted unless the delivery has been signed for as ‘damaged’ with the courier.
It is the customers responsibility to ensure an authorised person accepts delivery and the checking procedure is followed.
Claims for damaged goods during transit will only be investigated if the goods are marked as ‘damaged’ on the couriers paperwork.
Signing ‘unchecked’ will not be deemed as valid by the courier.
The standard insurance is €1.50 per kg, if you require enhanced insurance of €5-10 per kg please ask for this during the quotation period.
Claims for mistakes or shortages will only be accepted within 24 hours of delivery and must be in email to info@maissa.it.
8.3 Please allow 7 working days for standard courier deliveries.
Claims for non-delivery cannot be accepted unless an advice is received in writing within 7 days of dispatch date.
Customers agree to indemnify us from all losses resulting from their failure to comply with these regulations.

Liability

No liability for any consequential loss or damage arising from goods supplied by us or late delivery of goods supplied by us can be accepted.

This clause does not and will not affect any statutory rights.

Maissa shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of Maissa obligations in relation to the goods, if the delay or failure was due to any cause beyond Maissa reasonable control.

Guarantee

10.1 All components within the finished product are covered by the original manufacturers guarantee.
We endeavour to assist with any initial issues effecting the finished product for the first 14 days of the product being the property of the customer.
The customer hereby acknowledges and agrees that he shall have satisfied himself before entering into a contract as to the capacity, quality, effectiveness and performance of the Goods and their fitness for purpose and suitability for the purpose for which they are to be used.
10.2 Any issues after 14 days will be investigated within 7 days by Maissa and will only be rectified under warranty if deemed acceptable.
If due to the fault of the customer either by misuse or an incorrect specification has been given by the customer this will be rectified at the cost of the customer.

Warranty

11.1 In the case of new equipment, Maissa will pass as far as it is able the benefit of any manufacturer’s warranty to the customer in the way authorised by that manufacturer.
If Maissa carry out any work on goods covered by a warranty on no account are they liable to replace or provide loan equipment while the work is being carried out.
All equipment must be returned to Maissa for warranty work to be done and collected from Maissa when completed at the customers own cost.
If you do not allow Maissa to carry out the servicing at the correct intervals your warranty may be jeopardised.
If in doubt please ask.

11.2 Subject are expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

11.3 Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements Order 1976) the statutory rights of the customer are not effected by these conditions.

11.4 The customer confirms that it has been given complete access to carry out a careful and thorough inspection of the goods and confirms that it accepts the goods in the condition, which would be revealed by such inspection.
The customer shall not be entitled to reject the goods and Maissa shall have no liability for any defect in the goods and the customer shall be bound to pay the price.

11.5 Notwithstanding the provisions of clause

11.6 Where any valid claim in respect of any of the goods based on any defect in their quality or condition is accepted by Maissa in its entire discretion it shall be entitled to replace the goods (or the part in question) free of charge or, at Maissa sole discretion, refund to the customer the price of the goods (or a proportionate part of the price), but Maissa shall have no further liability to the customer.

11.7 Except in respect of death or personal injury caused by Maissa negligence, Maissa shall not be liable to the customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise), costs expenses or other claims for compensation whatsoever (whether caused by the negligence of Maissa, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer, and the entire liability of Maissa under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.

Returns and Refunds

12.1 If an issue occurs with any product, Generator & Electrical Services must be notified in email to info@maissa.it within the first instance.
Full details of the product, date purchased and the issue(s) experienced must be included.
Maissa will respond within 10 working days.
In the first instance, we will endeavour to rectify an issue, at our cost if deemed appropriate.
If an issue cannot be rectified we may agree for the product to be returned and refunded, however goods may not be returned without our prior agreement in writing.
Goods returned with our prior agreement must be sent to the agreed address, carriage paid, and accompanied by a delivery note stating our original invoice number and reason for return.
We reserve the right to levy a handling charge.

12.2 Refunds will be calculated upon inspection of the returned product.
As a general guide, only generators which have not been used will be refunded in full.
Any generator which has been used, normally more than 5 hours on the clock, will be refunded deducting the standard hourly hire rental rate from the original amount paid, this is dependent on the size of generator.
If a refund is agreed it shall be credited by same payment method as originally paid within 30 working days of goods returned.

12. 3 If an order cannot be fulfilled by Maissa, we shall notify the customer in writing and if payment has been received, we will endeavour to refund the customer within 30 working days of order cancellation.
Refunds will be made by the same payment method as the original payment was received.

Orders

13.1 We reserve the right to:

(I) refuse to accept an order.
(2) cancel an order.
(3) suspend deliveries against an order.
(4) refuse cancellation of an order, at any time, without explanation.
No variation of an order will be recognised unless otherwise agreed by us in writing.

13.2 Orders will only be accepted by official purchase order from the customer.
An Email Order Confirmation and a copy of our Terms & Conditions will then be sent to the customer.
The order will then be deemed as accepted.
The order will only be processed once full payment has been received unless other payment terms have been agreed with Maissa.
All orders are accepted on the basis that our Terms of Sale supersede any Terms of Purchase.

Buy-Back Agreement

14.1 Maissa may offer to ‘buy-back’ a generator which we have manufactured and supplied but this must be agreed before the original order is placed and must be within 12 months of original delivery.
We will agree a weekly hire rate that will be charged and deducted from the original price of the generator (excluding delivery, positioning, commissioning, servicing charges and VAT). The balance will be refunded to the customer within 28 working days of the generator returning to our workshop and a full inspection carried out.

14.2 The generator must not exceed 250 hours per calendar month of ownership.
A full service history must be documented and supplied with the generator upon its return.
The generator must be returned in a saleable condition with any damage or repairs needed carried out either before the generator is returned or by us with the full cost being deducted from the balance due.
Maissa will collect the generator only from the original delivery address.
If this is to be different, the customer will be liable for the delivery cost.

Refurbished and Second-Hand Generators

Any generator which is bought from Maissa but has not been manufactured by us comes with a standard 3 month warranty from date of purchase, unless otherwise stated.

Risk & Property

16.1 Goods in any order or instalment of order remaining, with all legal and beneficial or equitable interest, remain our property until full payment has been received from the customer on any account whatsoever, or until they are delivered whichever is the later.

16.2 The customer, in accepting delivery of any goods before payment is thereby deemed irrevocably to authorise us to repossess any or all such goods when and if payment is not made in accordance with these terms of business, or at any time if the customer commits any act which, if committed by an individual, would amount to an act of bankruptcy.
The customer hereby grants to us full and irrevocable authority to repossess and to enter the customer’s premises during normal business hours causing no unnecessary damage, to effect repossession.

16.3 If any goods are sold by the customer before all sums owing to us by the customer on any account whatsoever have been paid in full, the customer shall be deemed to be acting on such sale as our agent and shall receive the proceeds of sale as such and shall immediately pay the entire proceeds of sale into a bank account and shall hold the said moneys upon an immediate trust to pay the same to us to satisfy all such sums owing and the customer shall not mix such proceeds with any moneys other that the proceeds of sale of our goods.

16.4 Notwithstanding the foregoing, the risk in goods passes to the customer upon delivery of them to the customer his representative and the customer agrees, at its expense, to insure that such goods thereupon against theft and fire and comprehensive risks.

16.5 At our sole discretion we may, by notice, pass the property in and the ownership of any goods to the customer at any time at or after delivery even though sums may remain owing to us by the customer but without prejudice to any remedies available to us here under.

16.6 All risk in the goods shall pass to the customer when the goods leave Maissa premises.
The customer is advised to insure the goods before they leave Maissa, as no claims for loss or damage will be entertained.
Neither will claims for any injuries or accidents caused by the equipment.

Shipping overseas

Maissa supply generators on an ex works basis only.

Customers are advised to satisfy themselves as to the correct procedures and requirements for shipping.

Maissa is not liable for the default of carriers for late shipment or any other problems with shipping companies, shipping lines, bills of lading, duties, damages in transit or port or any claim whatsoever due to shipping overseas or carriage across international borders.

Customers are advised to insure their goods prior to departure from our premises.

Inspections for overseas

Equipment inspection for valuation of duty is a requirement of some overseas countries.

While Maissa will provide reasonable assistance in the formalities it is the customers entire responsibility to satisfy itself as to the specific requirements of the country to which goods are shipped.

Maissa does not accept any responsibility whatsoever for delays or expenses incurred or duty payable.

Customers are advised to check with the relevant country’s customs or embassy authorities for full details of all formalities.

Maissa reserve the right to charge for administration and any other expenses incurred in the inspections procedure.

Cancellation Policy

Customers are able to cancel any order within 24 hours of placing it without incurring a cancellation fee if a payment has not been received from the customer.

All orders are made to order and therefore a cancellation fee will be charged if components have been bought and/or the order has got into production when cancellation has been requested.

A cancellation fee will be calculated dependent on the stage of production, normally 50% of the order value if production has commenced, 75% of the order value if production of a bespoke product has commenced.

This will be confirmed in writing once cancellation has been accepted.

Law

No waiver by Maissa of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of this contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this contract and the remainder of the provision in question shall not be effected.

The contract shall be governed by the laws of Italy, and the customer agrees to submit to the non-exclusive jurisdiction of the Italian courts.

Last Updated: 12 June 2019