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 LOW
67411305
Rev.07 - 04/2016
31