Conditions of Purchase and Collaborations

PURCHASE, COLLABORATION, AND RENTAL CONDITIONS FOR M.ART TECHNOLOGY SRL PRODUCTS, VALID WORLDWIDE

When buyers/customers/distributors purchase, pay for, rent, or collaborate for one or more M.Art Technology srl products, they accept and confirm these worldwide purchase and collaboration conditions for all M.Art Technology srl products, as well as the standards and policies of the M.Art Technology srl brand (owned by M.Art Technology srl and Erika Tessarolo).

Muscle power equipment, strength skill for competitors, rodeo sport reproduction such as Mechanical Sports, Simulators, Action Games, Multi-Rides & Mechanical Arts manufactured 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: testing, maintenance, modifications, production, creation, document issuance, and transfer of sales documents for all M.Art Technology srl branded machines (see manufacturer’s mandatory maintenance requirements).

When the buyer/customer purchases or enters into a collaboration or rental agreement involving M.Art Technology srl branding, or buys one or more M.Art Technology srl branded products from third parties (e.g., Mechanical Bull, Multi-Rides, Rodeo Mechanical Bull, Mechanical Arts, Custom Mechanical Design, and others), they also agree to the condition that they cannot sell the purchased product(s) outside the Italian territory in the following countries: China, Japan, Korea, Eastern countries, Brazil, Latin America. They may only resell within the Italian territory with the obligation of transferring all documents approved by the manufacturer. The new buyer must be made aware of all the usage limitations and restrictions imposed by the manufacturer.

In case of non-compliance with the above restrictions, the customer will be required to compensate M.Art Technology srl and artist/CEO Erika Tessarolo with a penalty ranging from €1,000,000.00 to €6,000,000.00 for each product sold without adhering to the conditions.

In any case, no one—buyers/customers, non-customers, third parties, or others—may open, copy, attempt to dismantle, or modify parts or the entire M.Art Technology srl product, branded M.Art Technology srl. All rights are reserved for Erika Tessarolo, Art Designer. The buyer cannot transmit or disclose information or designs to third parties. The products are protected by copyright and intellectual property rights.

• Only M.Art Technology srl and Erika Tessarolo (artist and CEO) can decide the amount of the penalty that may be payable by the customer. The customer agrees to pay the amount determined by M.Art Technology srl and Erika Tessarolo. No authority may oppose the decision of M.Art Technology srl and Erika Tessarolo; the decision is final and non-appealable, and the customer, at the time of purchase, accepts all conditions imposed by M.Art Technology srl and Show Games.

• The buyer/customer has purchased a product branded M.Art Technology srl and cannot sell or rent the products outside the Italian territory and at amusement parks in Italy or worldwide, such as: 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. The exclusivity is reserved for M.Art Technology srl Italy and Erika Tessarolo, with her family scattered around the world.

In case of non-compliance with the conditions, the customer must compensate M.Art Technology srl and Erika Tessarolo for a penalty ranging from €1,000,000.00 to €6,000,000.00 for each product sold without adhering to these conditions. Only M.Art Technology srl and Erika Tessarolo can decide the amount of the penalty. No authority can oppose the decision of M.Art Technology srl and Erika Tessarolo; the decision is final and non-appealable.

• Anyone who does not comply with the regulations imposed by M.Art Technology srl and Erika Tessarolo regarding the obligations on usage, maintenance, and testing, such as the mandatory annual maintenance and testing exclusively with the manufacturer M.Art Technology srl, will be reported to the competent authorities of the country where the attraction is located if the product is used without maintenance. The use of a product without mandatory maintenance is a criminal offense and dangerous to public safety. Administrative seizure of the product and suspension of its identification code will be requested until it is made safe. In case of failure to maintain, the product will be remotely locked until repaired.

• The buyer/customer is aware that the 2, 5, or 10-year warranty does not cover parts subject to wear, such as leather, rubber, PVC, motors, etc. The warranty covers mechanical and electrical parts only in the case of manufacturing defects. M.Art Technology will assess each situation to determine if the repair is at the customer’s expense or if the manufacturer will cover it. The warranty does not cover damage from vandalism, natural events, or accidents. Transport and operator costs are not included.

Delivery Terms: Delivery or processing times vary depending on the purchase period but generally range from 30/40 working days to 90/100 working days. In case of custom orders or large quantities, delivery times will be evaluated and communicated to the customer with the invoice. Any delay is not attributable to the manufacturer, and the customer must await delivery without recourse.

Privacy: When the Customer/Collaborator/Reseller purchases from M.Art Technology srl, they consent to the processing of their personal data for product communications and advertising. More information is available in our privacy policy at the following link: https://www.mechanicalbullus.com/privacy-policy/

The terms of purchase, rental, and collaboration are updated annually and are available on our official websites:
www.showgames.com
www.mechanicalbullus.com

The Customer/Collaborator/Reseller, before reselling a product by M.Art Technology srl (M.Art Technology brand), only within the Italian Territory (sale outside the territory or export of the product is prohibited), to Third Parties, fully agrees with the following conditions at the time of purchase through payment:

M.Art Technology srl (M.Art Technology brand) grants permission to sell to third parties only if: the Customer/Collaborator/Reseller is in compliance with the annual testing and maintenance requirement at the M.Art Technology / Erika Tessarolo manufacturer. There is an indisputable obligation to request the transfer/cession of the identification code or documentation through the manufacturer, presenting a copy of the updated testing and the manufacturer’s declaration of conformity. All documentation (manual and booklet) must be transferred and registered with the manufacturer, who will ensure that the new buyer assumes all obligations and restrictions imposed by the manufacturer, including the obligation for annual maintenance at the manufacturer. All documents are valid only if they bear the stamp and signature of M.Art Technology, with the signature of the CEO Erika Tessarolo, confirming the verified quality of the documents and the safety of the machine. If the machine is not accompanied by such documentation, all civil and criminal responsibilities will not be attributable to M.Art Technology srl, Erika Tessarolo, and her family. The company provides safe products, accessories, certification manuals, and user obligations and only includes the first year of the annual trial, valid from the invoice date for a maximum of one year.

• The operator is aware that there is an ANNUAL OBLIGATION FOR TESTING AND MAINTENANCE, both ordinary and extraordinary, solely at the manufacturer, who does not authorize third parties in any way. Without the required maintenance and annual testing, the attraction cannot be used. The attraction is equipped with a SIM system for remote blocking if the operator fails to carry out the mandatory annual maintenance and testing. In case of non-compliance with the requirements, a remote block will be applied for public safety until maintenance is carried out at the manufacturer, and all competent authorities will be informed of the block of the identification code until the maintenance is completed at the manufacturer.

• Only M.Art Technology/Erika Tessarolo (M.Art Technology brand) is authorized to perform maintenance and testing on its machines, with the original signature of the Owner/CEO Erika Tessarolo and her authorized technicians. No other company or person is authorized. The spare parts for the equipment must be original and purchased exclusively from the manufacturer. The Customer/Collaborator/Reseller cannot open the machine/product alone, cannot disassemble or assemble it, cannot perform maintenance with third parties or self-maintenance, and cannot photograph the mechanical structure or electronic parts and share them on the web, with third parties, or display them by any other means. This applies even to customers who do not purchase directly from M.Art Technology. In case of non-compliance, the customer/buyer/operator/user will be required to compensate M.Art Technology srl/Erika Tessarolo for a penalty ranging from €1,000,000.00 to €6,000,000.00 for the violation committed. Only M.Art Technology/Erika Tessarolo (M.Art Technology brand) can decide the amount of the penalty to be paid; the customer agrees to pay the amount determined by M.Art Technology/Erika Tessarolo. No authority can oppose the decision of M.Art Technology/Erika Tessarolo; the decision is final and non-appealable.

• When the Customer/Collaborator/Reseller purchases one of the products with payment and invoice, they automatically accept all the clauses and conditions of purchase/collaboration and rental without the need for a signature. The conditions are also available on our websites:
www.mechanicalbullus.com
www.showgames.com

• All M.Art Technology products are certified by an expert Italian and U.S. engineer. The certificates and information are available in the user manual. M.Art Technology (M.Art Technology brand) does not share any private or confidential documents with unauthorized persons to protect trade secrets and the safeguarding of production and copyright, such as designs, projects, and other production-related information. M.Art Technology/Erika Tessarolo (M.Art Technology brand) only shares the necessary information to ensure the safe use of the machine, obtaining the necessary certificates for operating in various countries. For example, the essential documentation includes breaking calculations, annual tests, correct assembly, declaration of conformity, component certificate explanations, and usable accessories. No other information is shared to protect the company’s copyrights. The customer is not authorized to transmit sensitive information, photos of the mechanism, electronics, or anything that could harm the company’s production secrets.

• The warranty does not cover transportation and personnel costs, including travel expenses.

• Any delay in production (delivery or manufacturing) is not attributable to M.Art Technology srl (M.Art Technology brand) for any reason. The customer will wait for the arrival of the goods without being able to take any action against M.Art Technology srl/Erika Tessarolo (M.Art Technology brand).

• M.Art Technology/Erika Tessarolo punishes any company or person who commits a crime detrimental to the company’s image or violates one of the clauses imposed on one or more of the products (M.Art Technology brand) against the company itself.

• The equipment is equipped with remote control for 24/7 assistance. It must not be disconnected from the mobile network during operation, as the attraction benefits from the current regulations: Facilitated goods pursuant to Law No. 178 of December 30, 2020 – Budget Law 2021 – art. 1 paragraphs 1051 to 1067, as amended by paragraph 44 of art. 1 of Law 234/2021. The owner/operator, at the time of resale, must communicate this information to the new buyer. The SIM inserted into the PLC for remote control is owned by the customer, who must sign a subscription or make a payment for its operation to guarantee remote functions.

• All machines/products produced by M.Art Technology/Erika Tessarolo (M.Art Technology brand) bear the brand, and these M.Art Technology trademarks are intellectual property and copyright, and it is prohibited to obscure, copy, or remove them from any product, image, or video.

• The production of the machine begins only when at least 50% of the total payment is received or the full payment. Delivery is made only when the full payment is received and after the working days imposed by the manufacturer (the transport cost is not included in the product price unless the offer includes transport cost with an additional reserved offer).

• The buyer/customer, by purchasing and using a product from M.Art Technology/Erika Tessarolo (M.Art Technology brand), exempts M.Art Technology/Erika Tessarolo from any civil and criminal liability for improper use of the equipment. They are obligated to display the required safety signage, follow all instructions in the manual, have each participant sign a liability waiver, perform annual maintenance and testing only with the manufacturer to ensure the safety of the machines and users. They are also required to insure the attraction for a minimum civil liability value of 3 million euros annually and to provide at least one fire extinguisher with the attraction.

• The equipment must be stored in a dry, cool, and ventilated area. The body of the machine must be covered only with a sheet when stored in a warehouse. Plastic or airtight covers may damage the quality and durability of the leather and hair. If the machine is not stored as specified, the warranty will not cover wear-and-tear parts, but only manufacturing defects attributable to the manufacturer.

• All conditions set by M.Art Technology/Erika Tessarolo are mandatory and final for all new and existing customers, agents, consultants, distributors worldwide.

©® International Patent/Copyright, all rights reserved by M.Art Technology, Show Games Invention, Show Games US LLC, Tessarolo Erika, Show Games Invention of TU, Tessarolo Ugo Inventor & Family Tessarolo, M.Art Technology srl.
Conditions available on our website:
www.mechanicalbullus.com | www.showgames.com