Sale Contract

Topics: Contract, Contractual term, Sale of Goods Act 1979 Pages: 7 (2589 words) Published: December 27, 2012
1. General. 1.1 The sales of our products will be governed by these General Terms and Conditions of Sale, unless an express agreement to the contrary in the offer concerned or in the acceptance of the order and that constitutes the specific terms and conditions thereof. Therefore, any other terms and conditions that have not been expressly accepted by ORBIS TECNOLOGIA ELECTRICA SA (hereinafter the Seller) will be null and void. 1.2 It will be considered that the Purchaser has been informed about these General Terms and Conditions as from the moment that the latter has been told about the website where he/she can find them or as soon as he/she receives an offer from the Seller with these Terms and Conditions enclosed. Alternatively, the Purchaser will be considered informed about the Terms and Conditions if he/she has received them before in a previous commercial relationship with the Seller; in all the aforementioned cases the Purchaser will be considered to have accepted these Terms and Conditions for all purposes, when he/she places his/her order. 2. Intellectual and Industrial Property Rights. The intellectual and/or industrial property rights for the offer, in all its terms, together with the information contained or enclosed therein, plus the data affecting the products that are being sold and the information concerning the elements, plans, drawings, “software”, etc., incorporated in or concerning them, all belong to the Seller, so the Purchaser is expressly prohibited from using such information for purposes other than carrying out / completing the order, and the same applies to partially or completely copying such data or transferring it to third parties and allowing them to use it, without the prior written consent of the Seller. The Seller may use / provide the name of the Purchaser as part of his trading / commercial references. 3. Formalisation of the orders and scope of the purchasing and selling. 3.1 The scope of the sale must be clearly specified in the Purchaser’s order. If it is to be considered valid, the order has to receive an express acceptance from the Seller. Any orders that are placed on-line will be governed by the terms and conditions indicated in the system set up for that purpose. 3.2 The sale includes only the products that are included in the order, except in those cases where, in the Purchaser’s order that has been accepted by the Seller, there is explicit reference any documentation, information, software, extra services, etc. 3.3 The weights, dimensions, capacities, technical specifications and layouts of the Seller’s products featured in catalogues, brochures, technical literature, etc. are included there for guidance purposes and are not binding, except in those cases where the Seller accepts a closed specification from the Purchaser, which must form part of the order documents. 3.4 The modifications and/or variations made to the scope, deadlines or any other terms for an order that the Parties might propose, must be made known to the other Party, always in writing, and if they are to be considered valid, they must be accepted by the receiving Party. Any modifications and/or changes that are brought about by changes in the applicable legislation and regulations that take place after the date on which the offer concerned is presented will likewise be regarded as modifications and/or variations; if such modifications and/or variations were to be mandatory and were to require Page 1 General terms and conditions of sale

further or more burdensome obligations on the Seller, the latter would have the right to make an adjustment to the terms and conditions of the contract, with a view to fully reflecting the consequences of the new or modified Act or regulations. 4. Price. 4.1 The sale prices are net prices and do not include VAT or any other tax, duty or charge; these will appear later on the invoice with the rates concerned. Unless there is a stipulation...
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