TERMS OF SALES BLEU By SEA
EFFICACY OF THE FOLLOWING TERMS OF SALE: the following general terms of sale shall be applied to all orders sent
to SEA S.p.A.. All sales made by SEA to all costumers are made under the prescription of this terms of sales which are
integral part of sale contract and cancel and substitute all apposed clauses or specific negotiations present in order
document received from the buyer.
GENERAL NOTICE The systems must be assembled exclusively with SEA components, unless specific agreements
apply. Non-compliance with the applicable safety standards and with good installation practice releases SEA from any
responsibilities. SEA shall not be held responsible for any failure to execute a correct and safe installation under the above
mentioned standards.
1) PROPOSED ORDER The proposed order shall be accepted only prior SEA approval of it. By signing the proposed order,
the Buyer shall be bound to enter a purchase agreement, according to the specifications stated in the proposed order.
On the other hand, failure to notify the Buyer of said approval must not be construed as automatic acceptance on the part of
SEA.
2) PERIOD OF THE OFFER The offer proposed by SEA or by its branch sales department shall be valid for 30 solar days,
unless otherwise notified.
3) PRICING The prices in the proposed order are quoted from the Price List which is valid on the date the order was issued.
The discounts granted by the branch sales department of SEA shall apply only prior to acceptance on the part of SEA. The
sale prices are net and they are for merchandise delivered ex-works from the SEA establishment in Teramo, not including
VAT and special packaging. SEA reserves the right to change at any time this price list, providing timely notice to the sales
network.
4) PAYMENTS The accepted forms of payment are each time notified or approved by SEA. The interest rate on delay in
payment shall be 1.5% every month but anyway shall not be higher than the max. interest rate legally permitted.
5) DELIVERY Delivery shall take place, approximately and not peremptorily, within 30 working days from the date of receipt
of the order, unless otherwise notified. Transport of the goods sold shall be at Buyer's cost and risk. SEA shall not bear the
costs of delivery giving the goods to the carrier, as chosen either by SEA or by the Buyer. Any loss and/or damage of the
goods during transport, are at Buyer's cost.
6) COMPLAINTS Any complaints and/or claims shall be sent to SEA within 8 solar days from receipt of the goods, proved
by adequate supporting documents as to their truthfulness.
7) SUPPLY The concerning order will be accepted by SEA without any engagement and subordinately to the possibility to
get it's supplies of raw material which is necessary for the production; Eventual completely or partially unsuccessful
executions cannot be reason for complains or reservations for damage. SEA supply is strictly limited to the goods of its
manufacturing, not including assembly, installation and testing. SEA, therefore, disclaims any responsibility for damage
deriving, also to third parties, from non-compliance of safety standards and good practice during installation and use of the
purchased products.
8) WARRANTY The mechanical components of the operators, the electronic devices and the systems of command are
guaranteed for 12 months from the date of manufacturing. In case of defective product, SEA undertakes to replace free of
charge or to repair the goods provided that they are returned to SEA repair centre. The definition of warranty status is by
unquestionable assessment of SEA. The replaced parts shall remain propriety of SEA. Binding upon the parties, the
material held in warranty by the Buyer, must be sent back to SEA repair centre with fees prepaid, and shall be dispatched by
SEA with carriage forward. The warranty shall not cover any required labour activities.
The recognized defects, whatever their nature, shall not produce any responsibility and/or damage claim on the part of the
Buyer against SEA. The guarantee is in no case recognized if changes are made to the goods, or in the case of improper
use, or in the case of tampering or improper assembly, or if the label affixed by the manufacturer has been removed
including the BLEU registered trademark No. 006396931. Furthermore, the warranty shall not apply if SEA products are
partly or completely coupled with non-original mechanical and/or electronic components, and in particular, without a
specific relevant authorization, and if the Buyer is not making regular payments. The warranty shall not cover damage
caused by transport, expendable material, faults due to non-conformity with performance specifications of the products
shown in the price list. No indemnification is granted during repairing and/or replacing of the goods in warranty. SEA
disclaims any responsibility for damage to objects and persons deriving from non-compliance with safety standards,
installation instructions or use of sold goods. The repair of products under warranty and out of warranty is subject to
compliance with the procedures notified by SEA.
9) RESERVED DOMAIN A clause of reserved domain applies to the sold goods; SEA shall decide autonomously whether
to make use of it or not, whereby the Buyer purchases propriety of the goods only after full payment of the latter.
10) COMPETENT COURT OF LAW In case of disputes arising from the application of the agreement, the competent court
of law is the tribunal of Teramo. SEA reserves the faculty to make technical changes to improve its own products, which are
not in this price list at any moment and without notice. SEA declines any responsibility due to possible mistakes contained
inside the present price list caused by printing and/or copying. The present price list cancels and substitutes the previous
ones. The Buyer, according to the law No. 196/2003 (privacy code) consents to put his personal data, deriving from the
present contract, in SEA archives and electronic files, and he also gives his consent to their treatment for commercial and
administrative purposes. Industrial ownership rights: once the Buyer has recognized that SEA has the exclusive legal
ownership of the registered BLEU brand num.006396931 affixed on product labels and / or on manuals and / or on any
other documentation, he will commit himself to use it in a way which does not reduce the value of these rights, he won't also
remove, replace or modify brands or any other particularity from the products. Any kind of replication or use of SEA and
BLEU brands is forbidden as well as of any particularity on the products, unless preventive and expressed authorization by
SEA S.p.A.
In accomplishment with art. 1341 of the Italian Civil Law it will be approved expressively clauses under numbers:
4) PAYMENTS - 8) GUARANTEE - 10) COMPETENT COURT OF LAW
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