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. Noncompliance with the
applicable safety standards (European Standards EM12453 – EM 12445) 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 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. The special sales conditions with extra discount on quantity basis (Qx, Qx1, Qx2, Qx3 formula)
is reserved to official distributors under SEA management written agreement.
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 standard warranty period is 12 months. This warranty time can be extended by means of expedition of the warranty coupon as
follows:
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.p.A. 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
assembly, or if the label affixed by the manufacturer has been removed including the SEA registered trademark No. 804888.
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. according to the General Data Protection Regulation UE 679/2016 (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 SEA brand num.804888
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
brand is forbidden as well as of any particularity on the products, unless preventive and
expressed authorization by SEA.
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 LOW
TERMS OF SALES
38