SWING 2
39
English
TERMS OF SALE
EFFICACY OF THE FOLLOWING TERMS OF SALE: The following general terms of sale shall be applied to all orders sent to
SEA srl. All sales made by SEA to all customers are made under the prescription of this terms of sales which are integral part
of the sale contract and cancel and substitute all opposed clauses or specific negotiations present in the order or in other
documents received from the buyer.
GENERAL NOTICE
The gate automation systems must be assembled exclusively with SEA components, unless specific agreements
apply. Non-compliance with the applicable safety standards (European Standards EN 12453 EN12445 and others) 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 and always under those
Terms of sale. 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 prices 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 noncompliance of
safety standards and good practice during installation and use of the purchased products.
8) WARRANTY.
SILVER:
The mechanical components of the operators belonging to this line are guaranteed for 24 months from the date of
manufacturing written on the operator.
GOLD:
The mechanical components of the operators belonging to this line are guaranteed for 36 months from the date of
manufacturing written on the operator.
PLATINUM:
The mechanical components of the operators belonging to this line are guaranteed for 36 months from the date of
manufacturing written on the operator. The base warranty (36 months) will be extended for further 24 months (up to a total of 60 months)
when it is acquired the certificate of warranty which will be filled in and sent to SEA s.r.l. within 30 days from the purchase date. The
electronic devices and the systems of command are guaranteed for 24 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 installation, or if the
product label of the manufacturer with the registered SEA trademark n° 804888 has been removed . 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 repairs of
products in warranty and out of warranty is accepted only if the procedure of SEA are fully respected by the customer.
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 acquires the property of the goods only after full payment of the invoice.
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. The official language for the interpretation of the catalogue, the manuals, the terms of sale and any other is the italian
language. SEA reserves the faculty to make technical changes to improve its own products, which are and are not included 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:
with the purchase, the buyer accepts in full the present Terms of Sale and recognizes that SEA has the
exclusive legal ownership of the registered SEA International trademark n° 804888 which is attached on each products label, and/or on
manuals, packaging and/or in any other documentation, and he will commit himself to use it in its marketing and/or installation activity in
a way which does not reduce the value of these rights; he won't also remove, replace or modify the trademark or any other particularity
from the products. Any kind of replication or use of SEA brand is forbidden as well as of any change of sings-brands on the
products,unless preventive and expressed authorization by SEA.
Sistemi Elettronici
di Apertura Porte e Cancelli
International registered trademark n. 804888
®
REV 07 - 05/2009
