
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
SEAsrl.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
documentsreceivedfromthebuyer.
GENERAL NOTICE Thegate automation systemsmustbe assembled exclusively withSEAcomponents,unless specificagreements
apply. Non-compliance with the applicable safety standards (European Standards EN 12453 EN12445 and others) and with good
installation practice releases SEAfrom any responsibilities. SEAshall not be held responsible for any failure to execute a correct and
safeinstallationundertheabovementionedstandards.
1) PROPOSED ORDER The proposed order shall be accepted only prior SEAapproval 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
Termsofsale.Ontheother hand,failuretonotifythe Buyerofsaidapproval mustnotbeconstruedas automaticacceptanceonthepart
ofSEA.
2) PERIOD OF THE OFFER The offer proposed by SEA or by its branch sales department shall be valid for 30 solar days, unless
otherwisenotified.
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 SEAshall 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. SEAreserves the
righttochangeatanytimethispricelist,providingtimelynoticetothesalesnetwork.
4) PAYMENTS The accepted forms of payment are each time notified or approved by SEA. The interest rate on delay in payment shall
be1.5%everymonthbutanywayshallnotbehigherthanthemax.interestratelegallypermitted.
5)DELIVERYDeliveryshalltakeplace,approximatelyandnotperemptorily,within30workingdaysfromthedateofreceiptoftheorder,
unlessotherwisenotified.TransportofthegoodssoldshallbeatBuyer'scostandrisk.SEAshallnotbearthecostsofdeliverygivingthe
goodstothecarrier,aschoseneitherbySEAorbytheBuyer.Anylossand/ordamageofthegoodsduringtransport,areatBuyer'scost.
6) COMPLAINTS Anycomplaintsand/orclaims shall be sent toSEAwithin 8 solar daysfrom receiptof thegoods, provedby adequate
supportingdocumentsastotheirtruthfulness.
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
reasonforcomplainsorreservationsfordamage.SEAsupplyisstrictlylimitedtothegoodsofitsmanufacturing,notincludingassembly,
installation and testing. SEA, therefore, disclaims any responsibility for damage deriving, also to third parties, from noncompliance of
safetystandardsandgoodpracticeduringinstallationanduseofthepurchasedproducts.
8)WARRANTY.
SILVER: The mechanical components of the operators belonging to this line are guaranteed for 24 months from the date of
manufacturingwrittenontheoperator.
GOLD: The mechanical components of the operators belonging to this line are guaranteed for 36 months from the date of
manufacturingwrittenontheoperator.
PLATINUM: The mechanical components of the operators belonging to this line are guaranteed for 36 months from the date of
manufacturingwrittenontheoperator.Thebasewarranty(36months)willbeextendedforfurther24months(uptoatotalof60months)
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,SEAundertakestoreplacefreeofchargeortorepairthegoodsprovidedthattheyarereturnedtoSEArepaircentre.
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
dispatchedbySEAwithcarriageforward.Thewarrantyshallnotcoveranyrequiredlabour activities.Therecognizeddefects,whatever
theirnature,shallnotproduceanyresponsibilityand/ordamageclaimonthepartoftheBuyeragainstSEA.Theguaranteeisinnocase
recognizedifchangesaremadetothegoods,orinthecaseofimproperuse,orinthecaseoftamperingorimproperinstallation,orifthe
productlabelofthemanufacturerwiththeregisteredSEAtrademarkn°804888hasbeenremoved.Furthermore,thewarrantyshallnot
apply if SEA products are partly or completely coupled with non-original mechanical and/or electronic components, and in particular,
withoutaspecificrelevantauthorization,andiftheBuyerisnotmakingregularpayments.Thewarrantyshallnotcoverdamagecaused
by transport, expendable material, faults due to non-conformity with performance specifications of the products shown in the price list.
Noindemnificationisgrantedduringrepairingand/orreplacingofthegoodsinwarranty.SEAdisclaimsanyresponsibilityfordamageto
objects and persons deriving from non-compliance with safety standards, installation instructions or use of sold goods. The repairs of
productsinwarrantyandoutofwarrantyisacceptedonlyiftheprocedureofSEAarefullyrespectedbythecustomer.
9) RESERVED DOMAIN Aclause of reserveddomain appliestothe sold goods; SEAshall decideautonomously whetherto makeuse
ofitornot,wherebytheBuyeracquiresthepropertyofthegoodsonlyafterfullpaymentoftheinvoice.
10) COMPETENT COURT OF LAW Incase of disputes arising from the application of the agreement, thecompetent court of law is the
tribunalofTeramo.Theofficiallanguagefortheinterpretationofthecatalogue,themanuals,thetermsofsaleandanyotheristheitalian
language.SEAreservesthefacultytomaketechnical changes to improve its own products,whichareandarenotincluded in this price
listatanymomentandwithoutnotice.
SEAdeclinesany responsibility dueto possiblemistakescontainedinsidethe present price listcausedby 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
treatmentforcommercialandadministrativepurposes.
Industrial ownership rights: with the purchase, the buyer accepts in full the present Terms of Sale and recognizes that SEA has the
exclusivelegal ownershipoftheregistered SEAInternationaltrademark n°804888whichis attachedoneachproductslabel,and/oron
manuals,packagingand/orinany otherdocumentation,andhewillcommithimselftouseitinitsmarketingand/orinstallationactivityin
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,unlesspreventiveandexpressedauthorizationbySEA.
Sistemi Elettronici
di Apertura Porte e Cancelli
International registered trademark n. 804888
®
REV 07 - 05/2009