|
|
|
|
Disclaimer
Bea Technologies does not warrant the accuracy, or completeness of any information,
of this Web Site.
|
|
General Sale Conditions
- Sales Confirmation. Bea Technologies SpA (“Seller”) accepts the purchase order of the party whose name appears on the purchase order (“Buyer”) expressly conditioned on Buyer’s consent to the terms and conditions contained herein (the “Agreement”). Any different or additional terms are hereby rejected. Buyer and Seller may be collectively referred to as “Parties.” Any variance from Seller’s sales terms & conditions must be agreed in writing by the Parties.
- Price . Unless otherwise indicated herein, all prices are VAT excluded. The quoted prices are ex works from Seller’s facility, unless otherwise agreed in writing.
- Insurance for transport, freight and transit. Goods shall be delivered at the address shown on the Buyers purchase order. Buyer agrees and accept to hold Seller harmless for any and all direct or indirect damages coming from the delivery of the goods. Buyer is responsible for insuring the goods being shipped.
- Delivery terms. The delivery time is starting from the date Seller receive the purchased order (or letter of credit) only if the technical details have been defined. The company will put all its best efforts to keep the delivery time. The company will have no liability in case of late delivery and the purchase order cannot be cancelled for such reason. If goods - ready for delivery – are not collected by the customer or its forwarder, the credit period begin to run. The goods will be stocked at Customer expense and risk.
- Terms of payment. Payment shall be made to Seller adhering to the agreed credit terms. Payments can be made to Seller’s bank accounts (details are on the invoice) or by check at to Seller’s address. Under no circumstance can the Customer delay the payment. Any unpaid invoices shall accrue interests equal to the Italian legally official rate; the interest will not have any impact on Seller’s right to the payment within the agreed terms. Seller reserves the right to stop deliveries and refuse orders in case of any overdue amount.
- Description of goods. All photos, catalogues, leaflets and other materials are for general information only and no liability will arise form such, unless otherwise agreed in writing. All technical drawings and specifications shall remain the property of Seller and can not be disclosed to third parties without Seller prior written consent.
- Resale product. The information available for a resale product (goods bought from third parties and sold by Seller) are the one coming from their respective Supplier. Therefore Buyer agrees to waive Seller for any and all damages coming from the accuracy or completeness of such information. The Resale items are guarantee according to the manufacturer warranty. No warranty is given by Seller with respect to any goods, apparatus, instrument, component or accessories not manufactured by the Seller. No claim is accepted for Resale items.
- Test. Seller products are checked before delivery In case the Buyer requires any extra testing performed in Buyer`s presence, a written schedule shall be agreed between the Parties. In case such test can not take place due to for reasons caused by absence of the Buyer or his representatives , the Seller , will have the right to perform such test without the Buyer’s presence , and if considered satisfactory they shall be kept exhaustive.
- Warranty. On the condition that the established payment terms and conditions have been observed, Seller is engaged to repair or replace free of charge the parts of Seller’s products that, free from any manumission and in spite of a proper use, are showing defects in workmanship or materials, within a period of 6 months since the delivery time, whereas these parts are returned to Seller workshop at the Buyer`s charge. All the consuming goods and parts are excluded there from. The guarantee shall terminates if whichever modification or repairing of goods shall be carried out by third parties without Seller previous written consent. Each part replaced under guarantee shall remain in Seller property. The foregoing warranty constitutes Seller’s only warranty in connection with the goods delivered hereunder, and is in lieu of all other warranties, express or implied, written or oral. Buyer acknowledges that it has not relied upon any representation of Seller regarding the goods or their delivery other than those expressly contained in this Agreement.
- Latent defect . In case of latent defect , the repair or replacement of the goods, or the refund of the purchase price constitutes fulfilment of all liabilities of Seller to Buyer whether based on contract, negligence of any kind, strict liability or tort or otherwise.
- Claims and return items. No claim is accepted after the expiration of a period of 14 working days since the receiving goods. For no reason shall be accepted as a return item the ordered goods without Seller written authorisation.
- Limitation of Liability. Seller shall not be responsible for whichever claim concerning the resulting damages caused wholly or partially through the installation or the employment of goods or owing to delivery delays. Buyer expressly agrees that Seller will not be liable under any theory of liability for any indirect, special, incidental or consequential damages including without limitation loss of use, income, profits or production; increased cost of operation; or damage to material arising in connection with the sale, installation, use of or inability to use, or the repair or replacement of seller’s goods arising out of or in connection with any breach, performance or non-performance of this agreement by seller
- Objections. For whichever disputes arising therefrom is competent the Law Court in Milan and will be applicable the Italian Law.
Date Signature
Buyer expressly agrees clauses 3,4,5,6,7,8,9,10,11,12,13
Date Signature
 Download Sales Terms & Conditions
|
|
|
|
|
|