Copyright

The content of this website is owned by Clay Paky or is used by Clay Paky with prior permission. You may not use this website for any commercial purpose without the prior written consent of Clay Paky S.p.A. Upon accessing the “Maintenance Toolbox” found on each product page, you are granted a licence to use the corresponding Clay Paky Support Material subject to your compliance with the Clay Paky Maintenance Toolbox Terms and Conditions of Use specified on the above mentioned section of the website.

Clay Paky S.p.A. does not represent or warrant that use of the content of this website will not infringe any third party rights.

Trademarks: The Clay Paky logo, Clay Paky name and all other trademarks on this website relating to Clay Paky services and products, or services and products provided by its subsidiaries and affiliates, are property of Clay Paky or of its subsidiaries and affiliates, or are used under licence by them.

No trademark may be used, by licence or otherwise, without the prior written consent of Clay Paky S.p.A.

Disclaimer

The materials contained on this website are provided by Clay Paky S.p.A. as a service to its customers. Despite our continued commitment to making the information as accurate, current and complete as possible, the information is provided “as is” without any express or implied warranty of any kind. Consequently, Clay Paky S.p.A. disclaims any responsibility for the accuracy, updatedness and completeness of every single item of information on this website, and for their fitness for any intended purpose. Website users who rely on the accuracy, updatedness or completeness of information or on the intended use of such information should refer to the person in charge at Clay Paky S.p.A.

Clay Paky S.p.A. and its subsidiaries and associated companies disclaim liability for injury, damage, direct or indirect loss, consequential loss and any other economic loss caused by use, the inability to use or reliance on the information contained on this website, or caused by access to the website itself. All access and use is at the user's risk.

 

Clay Paky S.p.A. may make changes to the content and products shown on this website at any time without notice.

General sale conditions

1. General

Offers, confirmations of order and invoices are understood to be issued, agreed and accepted on the general conditions of sale described herein.

No variation or additional condition shall be valid unless agreed between the parties and confirmed in writing.

All additional services or goods shall be supplied separately.

2. Irrevocable nature of order

The order may not be cancelled by the customer for 90 days after signing, while the supplier shall decide whether or not to accept the same at its own absolute discretion.

The order is only considered accepted if it is confirmed in writing by the supplier, or if the same has started supply of the goods.

Here again, the order shall be considered accepted on the specific and general conditions of the order.

The order may not be cancelled by the customer, within the period indicated above. even if there is a variation in the selling prices not exceeding 10%, deriving from any variations in the price lists of the products marketed by Clay Paky.

3. Offers

Offers sent by Clay Paky are considered accepted at the moment of receipt by the former of the customer’s relative written communication.

Any modifications made by the customer to the offer conditions must in turn be confirmed by Clay Paky in writing in accordance with art. 1326 of the Italian Civil Law Code. All offers sent by Clay Paky are at the prices in force at the moment of issue, but in case of variations in the price lists Clay Paky shall be entitled to vary the selling prices, while the customer retains the right to cancel the order concerned, except in the circumstances described in art. 2.

All offers are subject to availability of the product.

4. Products

Clay Paky reserves the right to make all the modifications it considers appropriate to its products at any moment and without any notice.

Similarly, the  specifications of the products distributed by Clay Paky are subject to modification at the absolute discretion of their manufacturers. Therefore the illustrations and data indicated in catalogues, offers and  price list are purely guideline and subject to variation.

5. Prices and conditions of payment.

The prices are for goods sold ex-works, in euro, not including transport or special packaging but including the cost of a standard  packaging. Any taxes, duties and registration or transcription expenses shall be fully for the customer’s account.

All payments shall be in cash and must be made solely to the Clay Paky registered office, on the day of delivery.

The supplier  may dispense  with payment  in cash  at its own discretion.

In  this  case,  the  supplier  is hereby authorised to issue drafts at  sight with  expenses for  the entire  value of the goods supplied, as soon as shipment has been made.

Unless otherwise  agreed in writing, interest will be charged on deferred payments at the bank prime rate  in force on the date of delivery increased by 2 points.

Any  bills  of  exchange, cheques  and drafts are issued and accepted “under  reserve and  without recourse”, and thus do not constitute  either payment or novation of the original relationship.

Clay Paky zone agents  and representatives may not collect sums of any kind unless they hold a written authorisation;

otherwise, the payment is made at the customer’s risk.

The purchaser may not delay or suspend payments for any reason, even if disputes or claims have arisen, or take legal action against the supplier until all sums outstanding have been paid.

6. Devaluation and interest for late payment.

In case of late payments interest will be charged at the bank prime rate in force increased by two points, with retention of the right to claim for any other damages resulting, without application of art. 1224. section three of the Italian Civil Law Code. with which the parts agree to dispense.

Moreover, the amounts due must be revalued in order to compensate the seller for any monetary devaluation which has occurred between the promised payment date and the time when the payment takes place.

7. Transport

The goods are always delivered at the supplier’s stores, even if sold “freight prepaid” and transport always takes place on behalf of the purchaser and at his risk.

The purchaser must check the goods on arrival and complain solely to the forwarders if appropriate. Clay Paky expressly declines all responsibility concerning the costs and correct execution of the forwarding procedure, since the means of transport is indicated by the customer. While they will be complied with as far as possible the delivery dates indicated in written or verbal quotations, offers or orders are purely guideline and Clay Paky shall not be responsible in any way for damage deriving from delays in delivery.

8. Claims

All apparent defects which cannot be blamed on transport must be reported by the purchaser to Clay Paky in writing within 8 (eight) days after the date of receipt of the products.

The report must contain all the data concerning the name of the consignee, the heading of the invoice, the invoice number, description of the product, serial number and fault encountered. In no case is the consignee permitted to tamper with, dismantle or modify the original conditions of the product, otherwise all responsibility on the side of Clay Paky will cease. No returned goods will be accepted unless prior agreement has been reached, shipment must be freight prepaid.

9. Warranty

The supplier guarantees that the items supplied are well constructed and of good quality undertaking to repair or replace, free of charge at its own discretion and as quickly as possible those parts which present acknowledged defects in materials, construction or processing which make them unsuitable for the use for which they are intended within the guarantee period. The supplier shall not be obliged to compensate for direct or indirect damages of any nature or kind incurred for any reason.

The warranty is valid for twelve months from the delivery date.

The parts to be repaired or replaced must be delivered to the supplier’s factory by the purchaser, at its own risk and expense, those repaired and replaced are simply consigned by the supplier ex-works, with packaging to be paid for by the purchaser.

The purchaser shall lose any right to the warranty in case of failure even on only one occasion, to comply with the conditions of payment, or if the faults reported are found to originate from actions by the purchaser himself his employees or third parties, such as cases of poor installation, carelessness, negligence, incorrect or abnormal use, overload, poor or incorrect maintenance, replacements, modifications or tapering carried out or ordered by the purchaser without authorisation from the supplier, or circumstances of force major.

The purchaser loses the right to the warranty if, on his own initiative or through third parties, he repairs, replaces or modifies parts covered by the warranty itself, or fails even on only one occasion to comply with the conditions of payment.

All parts which by their nature or use are subject to normal wear and tear are excluded from the guarantee. Repairs, replacements and modifications, when not covered by the warranty, must be paid for on delivery or on completion. Otherwise the supplier has the right to retain the product and the material repaired.

10. Resale and installation of products

Dealers purchasing Clay Paky products either directly or indirectly undertake to comply with the recommended selling prices suggested by the manufacturer and indicated in the price list. No product may be exported outside the country to which Clay Paky has sold it without the latter’s prior written authorisation. Otherwise the purchaser shall be obliged to pay a penalty of 50% of the price under art. 1382 of the Italian Civil Law Code, with the manufacturer retaining the right to compensation for additional damages.

Clay Paky does not accept any responsibility for the way in which its products are installed; they must be installed by a dealer or installation engineer of proven professional skills. Clay Paky accepts no liability for damages of any nature or kind deriving from the use of its products.

11. Retention of property rights

All the goods supplied under this contract remain the sole property of Clay Paky until the whole price has been paid in cash. Therefore, the sale is made and accepted with the retention of property rights referred to in art. 1523 and following articles of the Italian Civil Law Code.

During this period, the purchaser undertakes the obligations and responsibilities of the depositee of the items supplied and undertakes to safeguard them and to insure them against any cause of damage, destruction, loss etc.

In this period the items supplied may be reclaimed from the supplier, wherever they are, even combined and incorporated into goods belonging to the purchaser or of third parties, since they are not subject to the law governing appartenances and accretions.

The purchaser undertakes to inform the supplier immediately of any legal proceedings for attachment or confiscation brought by third parties, or any removal or transfer of the goods supplied. In case of failure to pay even only one instalment of the agreed price, Clay Paky reserves the right to request termination of the contract and the return of the goods sold. Payments received will continue to be the supplier’s property as penalty and compensation for use of the products, with reservation of the right to claim for any further damages incurred. The supplier may register the rights specified in art. 2762 of the Italian Civil Law Code, as a precautionary measure and without prejudice to the retention of property rights or the registration.

The expenses for registration of the contract and its transcription by the Clerk of the Court’s Office, under art. 1525 and 2762 of the Italian Civil Law Code, shall be paid by the Purchaser.

12. Legal jurisdiction

Even if the purchase is not of Italian nationality, this sales contract is subject to Italian law. Moreover, it is expressly agreed that the Italian judges of the Bergamo Law Court shall have exclusive jurisdiction over any controversy which may arise between the parties with regard to the interpretation, implementation or modification of this agreement.