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General Sales Conditions

  1. 1. NATURE AND SCOPE OF THE PRESENT CONDITIONS
    1. 1.1.The present General Conditions regulate the sales of the goods or the rendering of the services (from now on PRODUCTS) the Nautical, Luis Arbulu, S.L.U. (from now on NAUTICAL) currently offers.
    2. 1.2. The present General Conditions are to be accepted globally and entirely by the individual or legal status that purchases the Products (from now on the BUYER), that he understands them previously and will accept them completely and unquestionably.
    3. 1.3. These General Conditions can only be modified by mutual written agreement between the BUYER and NAUTICAL. The clauses written by the BUYER on his order will not be considered as valid or commercial correspondence, if they are in how contrary or limit these General Conditions.
  2. 2. ORDERS

    The Sales of the PRODUCTS will be concluded by the acceptance of NAUTICAL of the formal order made by the BUYER or by sending the goods or carrying out the service, in both cases the applicable conditions of the sales will be the ones written here or in case of an agreement.

  3. 3. SUPPLIES
    1. 3.1. The PRODUCTS will be delivered by NAUTICAL, in their own warehouses, except if there is a written agreement by both parties to deliver to another place.
    2. 3.2. The PRODUCTS will be sent under the responsibility and care of the BUYER, being under his/her expense the freight charges, insurance fees, except if there is a written agreement by both parties.
    3. 3.3. The sending and delivery date written on the purchase order will be confirmed by NAUTICAL, the delay of the delivery will not cause the order to be cancelled or any type of compensation.
  4. 4. PRICES
    1. 4.1. The sales price of the PRODUCTS will be agreed upon by the parties, which must be included in the purchase order from the BUYER and accepted by NAUTICAL.
    2. 4.2. The BUYER must assume any type of Tax and they will be added to the final price. If any PRODUCTS are imported by NAUTICAL and they have a CUSTOMS Fee these Fees and taxes will be added to the Price of the PRODUCTS.
  5. 5. PAYMENT TERMS
    1. 5.1. Except if there is a written agreement by both parties, the BUYER, must pay 15 days after the date of the Invoice.
    2. 5.2. The delay of payment on behalf of the BUYER, which is the agreed way of payment, will accrue in favor of NAUTICAL, an interest of payment delay of 1.5 per cent over the Basic Interest of the Bank of Spain.
    3. 5.3. In case that the BUYER and NAUICAL should agree on installment, the nonpayment of any of the installments will grant NAUTICAL the power to terminate the installment agreement and payment of all the remaining payments or resolve the Contract with a compensation of torts, in both cases, a compensation, with a minimum amount of 30 per cent of the agreed prices, allowing NAUTICAL to compensate this compensation with the advance installments already paid by the BUYER.
  6. 6. GUARANTEE CONDITIONS OF THE EQUIPMENT AND SERVICES RENDERED BY NAUTICAL

    NAUTICAL guarantees the PRODUCTS supplied are free of any defect and are operational according to their specifications. In case of a failure, NAUTICAL, establishes the following conditions of guarantee.

    For the equipments supplied:

    • Equipments and parts: 24 months since the equipments were delivered or 18 months since the equipments were installed and set up, whichever is first.
    • Labor: 18 months since the equipments were delivered or 12 months since the equipments were installed and set up and/or the registration of the guarantee, whichever is first (Limited to the national service net).
    • Things that it covers: the ones that are recognized by the manufacturer. Normally if nothing is agreed in writing, only the defective parts and labor on behalf of NAUTICAL Technicians or Authorized NAUTICAL Technicians.

    There can be limitations on the items that can wear out (magnetrons and electronic valves), transducers and items on the hull.

    For services rendered:

    • Time: 3 months since the service was rendered.
    • Things that it covers: this guarantee covers exclusively the material or parts supplied by NAUTICAL.

    Exclusions (this can apply to equipments and services rendered): the following concepts are specifically excluded from these Guarantee Terms:

    • Travel expenses, accommodation and meals for the Technicians in the places where there are no NAUTICAL Offices.
    • Transport, customs and dispatching costs, for the goods if there are to be sent out of Spain.
    • Those claims that are no well documented such as the manufacturers procedures are required (serial numbers, models, MMSI, according to the appropriate forms).
    • Training for the users of the equipments.
    • Service for resetting the equipment for finger problems.
    • Consumables such as batteries, paper, etc…
    • The claims over equipments that have the following circumstances:
      1. Defective or inadequate installation.
      2. Water leak or other external agents.
      3. Exceeding the tension limits of the power supply or power surges.
      4. Inadequate or inappropriate handling.
      5. Repairs carried out by unauthorized personal or technicians.
      6. Inappropriate usage or off range usage.
      7. Impacts or damages done to the equipment.
    • Circumstances Beyond Control.
    • The guarantee does not cover in any case expenses over the original price of the equipment.
    • Any circumstance of a new rule or law that comes into action after the equipment has been registered and/or installed.
  7. 7. VERIFICATION OF THE DELIVERED PRODUCTS

    The BUYER must check and see if the delivered PRODUCTS are in a correct state, and then the BUYER can issue the corresponding objections regarding quality and quantity. On the contrary the BUYER can not object once the PRODUCTS have been used.

  8. 8. OWNERSHIP
    1. 8.1.NAUTICAL has the right of ownership of the PRODUCTS until the BUYER has paid the agreed price. Meanwhile the BUYER cannot transform, change, sell, misuse the PRODUCTS, and the BUYER must look after them appropriately.
      In the case where the BUYER has not paid for the PRODUCTS on any given date and NAUTICAL has cancelled the sales contract, NAUTICAL or the assigned person by this contract is entitled to recuperate the PRODUCTS.
    2. 8.2. In case that the BUYER has violated any of the above clauses, NAUTICAL has the right to take Civil or legal actions and is entitled to claim torts.
    3. 8.3. If the BUYER should enter any of the following legal states; Company Voluntary Agreement (CVA), Bankruptcy, Legal Confiscation, etc.. the BUYER must immediately notify NAUTICAL and the BUYRER must under all means make sure that all the PRODUCTS are stated as belonging to NAUTICAL.
  9. 9. RELEVANT JURISDICTION

    The BUYER compromises to obey the international and national rules and laws of the country of origin of the PRODUCTS, in the sales, usage and operation of these PRODUCTS. The BUYER is also obligated to not sell them, hire them, re-export them except under strict compliance of the international laws and national laws of the country of origin.

  10. 10. DESTINATION OF THE PRODUCTS

    Both parties renounce the jurisdiction that could correspond and both agree to go under the Jurisdiction of the Court Houses and Judges of MADRID, to solve any dispute or law suit that could occur of the interpretation of the contract.

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