PURCHASE, RENTAL AND COLLABORATION CONDITIONS FOR PRODUCTS
M.ART TECHNOLOGY – SHOW GAMES BRAND Made in Italy
When buyers, customers, or distributors purchase and pay for Show Games products, they accept and confirm these Worldwide Conditions of Purchase and Collaboration for all Show Games products, as well as the standards and policies of the Show Games brand (property of M.Art Technology srl and Erika Tessarolo).
When buyers/customers/distributors purchase, pay for, rent, or collaborate on one or more M.Art Technology srl products, they accept and confirm these purchase and collaboration conditions worldwide for all M.Art Technology srl products, the standards and policies of the M.Art Technology srl brand (property of M.Art Technology srl and Erika Tessarolo).
All copyrights and intellectual property of products such as Mechanical Bulls, Simulators, Action Games, Multi-Rides & Mechanical Arts of the ShowGames brand, since 1989, produced by M.Art Technology srl, are the exclusive property of M.Art Technology srl, Erika Tessarolo and her family, who are legally authorized for: testing, maintenance, modifications, production, creation, issuance of documents, and transfer of sales documentation for all machines under the Show Games brand.
Muscle-strength equipment, competitor strength skill, reproduction of the rodeo sport such as Mechanical sport, Simulators, Action Games, Multi-Rides & Mechanical Arts made by M.Art Technology srl, are exclusively owned by M.Art Technology srl, Erika Tessarolo and her family. Only M.Art Technology srl and Erika Tessarolo are legally authorized for: tests, maintenance, modifications, production, creation, issuance of documents, and transfer of sales documents of all machines under the M.Art Technology srl brand (see maintenance obligation imposed by the manufacturer).
When buyers or customers enter into a purchase, collaboration or rental contract with M.Art Technology srl Show Games brand or with third parties for one or more Show Games products (mechanical bulls, multi-rides, mechanical rodeo bulls, mechanical arts, custom mechanical designs, etc.), they accept that they may not sell or resell the purchased products in the following countries: China, Japan, Korea, East Asian countries, Brazil, and Latin America.
When the buyer/customer purchases or enters into a collaboration or rental contract bearing the M.Art Technology srl brand, or purchases from third parties one or more products under the M.Art Technology srl brand (Mechanical Bull, Mechanical Multi Rides, Mechanical Rodeo Bull, Mechanical Arts, Mechanical Custom Design, and more), they also accept that they may not sell the purchased product(s) outside the Italian territory in the following countries: China, Japan, Korea, Eastern Countries, Brazil, Latin America. They may resell only within the Italian territory with the obligation of transfer of all documents approved by the manufacturer. The new buyer must be informed of all usage limitations and restrictions imposed by the manufacturer.
This condition also applies to any customer, collaborator, third party or reseller who does not purchase directly from Show Games.
If this condition is violated, the customer shall be required to compensate Erika Tessarolo by means of a penalty ranging from €1,000,000.00 to €6,000,000.00 for each product sold in violation of these conditions.
In case of non-compliance with the above restrictions, the customer shall be obliged to compensate M.Art Technology srl and the artist/CEO Erika Tessarolo with a penalty ranging from €1,000,000.00 to €6,000,000.00 for each product sold without respecting the conditions.
In any case, nobody — buyers, customers, non-customers or third parties — is authorized to open, copy, disassemble or modify, in whole or in part, any product of the Show Games range from 1989 onwards.
All rights are reserved to Erika Tessarolo, Art Designer.
M.Art Technology srl ShowGames brand does not disclose to third parties any information, design or concept protected by copyright and intellectual property rights.
The buyer may not transmit or disclose information or design to third parties. The products are protected by copyright and intellectual property.
• Only M.Art Technology srl ShowGames brand and Erika Tessarolo have the right to determine the amount of the penalty that must be eventually paid by the customer, and the customer undertakes to pay the amount established by Show Games.
No authority or court may oppose the decision of M.Art Technology srl ShowGames brand and Erika Tessarolo; the decision is final and indisputable.
No authority may oppose the decision of M.Art Technology srl and Erika Tessarolo; the decision is final and indisputable, and the customer, at the time of purchase, accepts all the conditions imposed by M.Art Technology srl and Show Games.
By purchasing the product, the customer accepts all the conditions imposed by M.Art Technology srl ShowGames brand.
• The buyer or customer who has purchased a Show Games product may not sell Show Games products to major amusement parks worldwide, such as, for example:
Disneyland Orlando, Busch Gardens, Six Flags, Disneyland Paris, Gardaland (IT), Mirabilandia (IT), Etnaland (IT), Rainbow MagicLand (IT), Acquafan (IT), Acquasplash (IT), Universal Studios (Orlando), Gardaland Water Park (IT), Busch Gardens USA, Six Flags Group, Parque Reunidos, Legoland and other amusement parks or indoor parks.
The buyer/customer has purchased a product under the M.Art Technology srl brand and may not sell or rent the products outside the Italian territory and in Italian and worldwide amusement parks such as, for example: Disneyland Orlando, Busch Garden, Six Flags, Disneyland Paris, Gardaland (IT), Mirabilandia (IT), Etnaland (IT), Rainbow Magic Land (IT), Acqua Fan (IT), Acqua Splash (IT), Universal Studios (Orlando), Gardaland Water Park (IT), Busch Gardens USA, Six Flags Group, and many other amusement parks and indoor parks.
Worldwide exclusivity belongs exclusively to M.Art Technology srl ShowGames brand, Erika Tessarolo and her family.
If this condition is not respected, the customer shall be required to compensate Erika Tessarolo by means of a penalty ranging from €1,000,000.00 to €6,000,000.00 for each product sold in violation of these conditions.
In case of non-compliance with the conditions, the customer shall compensate damage to M.Art Technology srl and to Erika Tessarolo with a penalty value ranging from €1,000,000.00 to €6,000,000.00 for each product sold without respecting such conditions. Only M.Art Technology srl and Erika Tessarolo may decide the amount of the penalty. No authority may oppose the decision of M.Art Technology srl and Erika Tessarolo; the decision is final and indisputable.
Only M.Art Technology srl ShowGames brand and Erika Tessarolo have the right to determine the amount of the penalty.
The customer undertakes to pay the amount established by M.Art Technology srl ShowGames brand.
No authority or court may oppose the decision; the decision is final and indisputable.
• Anyone who does not respect the rules of M.Art Technology srl ShowGames brand, including the obligation of maintenance and annual testing performed exclusively by the only authorized entity, the manufacturer: M.Art Technology srl ShowGames brand — or attempts to copy products or documents of M.Art Technology srl ShowGames brand, shall be reported by M.Art Technology srl ShowGames brand to the competent authorities of the relevant country.
Anyone who does not respect the regulation imposed by M.Art Technology srl and Erika Tessarolo regarding obligations on use, maintenance and testing, such as the obligation of maintenance and annual test only and exclusively at the manufacturer M.Art Technology srl, will be subject to a report to the competent authorities of the country in which the attraction is located, if the product is used without maintenance. The use of a product without the mandatory maintenance is criminally unlawful and dangerous for public safety. Administrative seizure of the product and suspension of the identification code will be requested, until it is made safe. In case of lack of maintenance, the product will be blocked remotely until repair.
This measure is intended to protect the safety of users, the Show Games brand and the corporate image of M.Art Technology, the Show Games brand, Erika Tessarolo and her family.
The buyer/customer is aware that the 2-, 3-, 5- or 10-year warranty does not cover damages not deriving from manufacturing defects, damages caused by improper use of the equipment, wear parts, for example covers, inflatables, motors, etc., and does not cover transportation costs, operator travel and labor.
The buyer/customer is aware that the 2-, 5- or 10-year warranty does not cover wear parts, such as leather, bladders, PVC, motors, etc. The warranty covers mechanical parts and electrical parts only in case of manufacturing defects. M.Art Technology will study each situation to determine whether the repair is at the customer’s expense or whether the manufacturer will cover it. The warranty does not cover damages from acts of vandalism, natural events or accidents. Transport and operator expenses are not included.
The warranty covers exclusively mechanical and electrical parts affected by manufacturing defects.
M.Art Technology srl ShowGames brand will evaluate each individual case to determine whether repair costs are borne by the customer or by the manufacturer.
The warranty does not cover damages caused by vandalism, flooding, natural events or any circumstance not attributable to the construction of the machine.
Delivery Terms:
Show Games delivery times are normally 30–90/120 working days from the date of payment; they vary depending on the model and the customization request. Each request is evaluated individually at the time of order.
Delivery or processing times vary depending on the period of purchase, but generally range from 30/40 working days to 90/100 working days. In case of customized orders or multiple quantities, delivery times will be evaluated and communicated to the customer with the invoice. No delay is attributable to the manufacturer, and the customer shall wait for delivery without any recourse.
For customized projects and designs, delivery times will be determined based on the project specifications. Delivery times may also vary in the case of multiple orders and depending on the period in which the order is placed, whether there are holidays or not. Each order is evaluated individually.
Privacy:
When the Client / Collaborator / Reseller purchases from M.Art Technology srl ShowGames brand, they consent to the processing of their personal data for product communications and advertising. More information is available in our privacy policy at the link: https://www.mechanicalbullus.com/privacy-policy/
The purchase, rental and collaboration conditions are always updated annually and are available on our official websites:
www.showgames.com
www.mechanicalbullus.com
Resale Authorization:
Before reselling a M.Art Technology srl ShowGames brand product to third parties, the Client / Collaborator / Reseller accepts the following:
M.Art Technology srl ShowGames brand grants resale authorization exclusively if the Client / Collaborator / Reseller is compliant with annual testing and maintenance carried out by M.Art Technology / Show Games / Erika Tessarolo.
The reseller or private seller who resells must provide the new buyer with all documentation proving compliance with these conditions and has the obligation to communicate the data of the new owner to the manufacturer M.Art Technology srl ShowGames brand.
There is the indisputable obligation to request the takeover/transfer of the identification code, or documentation through the manufacturer, to provide a copy of the updated annual test and the declaration of conformity by the manufacturer, to whom all documentation (manual and booklet) regular and in line with the respect of all conditions will be transferred and registered, the takeover of the new buyer to all obligations and restrictions imposed by the manufacturer, including the obligation of annual maintenance at the manufacturer. All documents are valid only if provided with: stamp and signature M.Art Technology with signature of the CEO Erika Tessarolo, as confirmation of the verified quality of the documents and the safety of the machine. If the machine is not followed by such documentation, all civil and criminal liabilities are in no way attributable to M.Art Technology srl, Erika Tessarolo and her family. The company therefore supplies safe products, equipped, certification manual and user obligation, and provided only the first year of annual test valid only from the invoice date for a maximum of 1 year.
All documents are valid only if bearing the official signature and stamp of M.Art Technology srl ShowGames brand and CEO Erika Tessarolo.
If the machine is not accompanied by such documentation, civil and criminal liabilities cannot in any way be attributed to M.Art Technology srl ShowGames brand, Erika Tessarolo or her family.
The company supplies safe products, accompanied by user manual, certifications and obligations, including the first year of annual test, valid for a maximum of one year from the invoice date, and an operational booklet for the Italian territory.
The operator is aware that there is the ANNUAL OBLIGATION OF TESTING AND ORDINARY AND EXTRAORDINARY MAINTENANCE only at the manufacturer, which does not authorize any third parties in any way. Due to the lack of maintenance and annual test requirements, they may not use the attraction. The attraction is equipped with a SIM system for remote blocking in the event that the operator does not perform the mandatory annual maintenance and annual test. In case of such missing requirements, a remote block will be applied to safeguard public safety, until maintenance has been carried out at the manufacturer, informing all the competent entities for the blocking of the identification code until restoration after maintenance has been carried out at the manufacturer.
• Only M.Art Technology srl ShowGames brand and Erika Tessarolo are authorized to perform maintenance and testing on their machines.
Only M.Art Technology/Erika Tessarolo (brand M.Art Technology) is authorized to perform maintenance and testing on its machines, with original signature of the Owner/CEO Erika Tessarolo and with her authorized technicians. No other company or person is authorized. Spare parts for the equipment must necessarily be original and purchased directly and only from the manufacturer. The Client/Collaborator/Reseller may not open the machine/product alone, may not disassemble or assemble, may not perform maintenance with third parties or self-maintenance, may not photograph the mechanical structure, the electronic parts and share them on the web, with third parties or by any other method show the parts of the construction of the products. This also applies to all customers who do not purchase directly from M.Art Technology. In case of non-compliance, the client/buyer/operator/user shall compensate damage to M.Art Technology srl/Erika Tessarolo with a penalty value ranging from €1,000,000.00 to €6,000,000.00 for the violation committed. Only the company M.Art Technology/Erika Tessarolo (brand M.Art Technology) may decide the amount of the penalty to be paid; the customer undertakes to pay what is decided by M.Art Technology/Erika Tessarolo. No authority may oppose the decision of the company M.Art Technology/Erika Tessarolo; the decision is final and indisputable.
• By payment and invoice, the Client / Collaborator / Reseller / Private customer automatically accepts all clauses included in the purchase conditions contained in the user manual and on the website www.showgames.com.
When the Client/Collaborator/Reseller purchases one of the products with payment and invoice, they automatically accept all clauses and conditions of purchase/collaboration and rental without the obligation of signature. The conditions are also present on our websites:
www.mechanicalbullus.com
www.showgames.com
All M.Art Technology products are certified by an expert Italian and American engineer. Certificates and information are present in the user manual. M.Art Technology (brand M.Art Technology) does not share with unauthorized persons some private and confidential documents, for the protection of company trade secrets and the protection of production and copyrights, such as projects, designs and other production information. M.Art Technology/Erika Tessarolo (brand M.Art Technology) shares only what is necessary to allow the safe use of the machine, obtaining the certificates necessary to operate in different countries. For example, essential documentation includes breaking calculations, annual tests, correct assembly, declaration of conformity, explanations of component certificates, usable accessories. No other part is shared to protect the company’s copyrights. The customer is not authorized to transmit sensitive information, photos of the mechanism, electronics and anything that may damage the secrecy of the manufacturing company.
• The warranty does not include transport and staff service, including the travel cost.
• Any delay in production (delivery or production) is not attributable to M.Art Technology srl (brand M.Art Technology) for any reason. The customer shall wait for the arrival of the goods without being able to in any way claim against M.Art Technology srl/Erika Tessarolo (brand M.Art Technology).
• M.Art Technology/Erika Tessarolo punishes any company or person who commits an offense to the detriment of the corporate image or the violation of one of the imposed clauses of one or more of the products (brand M.Art Technology) against the company itself.
• The equipment is equipped with remote control for 24-hour assistance. It must not be disconnected in any way from the mobile network during operation, as the attraction benefits from the applicable legislation: Benefit asset pursuant to Law 30 December 2020 No. 178 – Budget Law 2021 – art. 1 paragraphs 1051 to 1067, as amended by paragraph 44 of art.1 of Law 234/2021. The owner/operator in the resale phase has the obligation to communicate this information to the new buyer. The SIM inserted in the PLC for remote control is the property of the customer, who must subscribe to a plan or make payment for operation, to guarantee remote functions.
• All machines/products produced by M.Art Technology/Erika Tessarolo (brand M.Art Technology) have the mark affixed and these marks of M.Art Technology are a mark of intellectual property and copyright, and it is forbidden to obscure it, copy it, remove it from any product, image or video.
• The production of the machine begins only when at least 50% of the total payment or the total payment is received. Delivery is carried out only when the total payment is received and after the processing days imposed by the manufacturer (the transport cost is not included in the product price, unless the offer includes the transport cost with an extra and reserved offer).
• The buyer/customer, by purchasing and using a product M.Art Technology/Erika Tessarolo (brand M.Art Technology), releases M.Art Technology/Erika Tessarolo from any civil and criminal liability for improper use of the equipment. They have the obligation to display the regulatory signage, to follow all instructions in the manual, to have each participant sign the liability waiver, to perform annual maintenance and testing only at the manufacturer, to guarantee the safety of the machines and for those who use them. They have the obligation to insure the attraction for a minimum civil liability value equal to 3 million euros per year, and to accompany the attraction with at least 1 fire extinguisher.
• The equipment must be stored in a dry, dry and cool place. The body of the machine must be covered only with a sheet when stored in the warehouse. Plastics or suffocating covers may damage the quality and resistance of the leather and fur. If the machine is not stored as specified, the warranty in any case does not cover wear parts, but only mechanical manufacturing defects attributable to the manufacturer.
• All the Conditions of M.Art Technology/Erika Tessarolo are mandatory and indisputable for all new and old customers, agents, consultants, distributors throughout the global market.
©® International Patent/Copyright, all rights reserved by M.Art Technology, Show Games Invention, Show Games US LLC, Tessarolo Erika, Show Games Invention di TU, Tessarolo Ugo Inventor & Family Tessarolo, M.Art Technology srl.
Conditions available on our website: www.mechanicalbullus.com | www.showgames.com