Terms of sale
Terms of Service
Seller: “Seller” means Blue Series Srl, with registered office in Via Piane Tronto, 64010 Controguerra (TE).
Offer and Acceptance. This Seller document contains the terms and conditions relating to all transactions. The Seller objects to any different or additional terms or conditions contained in any request for quotation, purchase order or other documents of the Buyer, and none of these terms or conditions may be effective or bind the Seller, unless have been agreed in writing and signed by a representative of the Seller. If the Buyer issues a purchase order or other written order in relation to the subject matter of this transaction, that document will be valid only for the Buyer’s internal use and the terms and conditions contained therein will have no effect.
Estimates. A quote is valid only for the 3D CAD model on which it was based. Any changes made to the 3D CAD model require an updated quote. Quotations are valid for the calendar day on which they are issued, after which the price can change without notice.
Changes and cancellations. Without prejudice to the right to accept, modify or cancel requests for quotations according to the model / file uploaded. In any case, changes or cancellations of the order after payment will not be accepted.
Prices and Payment Conditions. All prices are quoted and all payments must be made in Euros and are exclusive of VAT. The VAT, if due, can be viewed during the order process. Payment can be made with Visa, MasterCard, American Express or bank transfer to IBAN IT61 Y030 6976 9601 0000 0003 730 in favor of Blue Series Srl .
Production contract The Buyer is aware of the fact that the Seller may not directly carry out the production of what has been agreed but assigns it to experienced and suitable producers (hereinafter also referred to as “Partner”).
The Seller has the right to outsource production to various different Partners in order to complete an order.
The Seller is not obliged to inform the Buyer of this. The Buyer accepts that the production process is carried out by the identified Partners. The files provided by the Buyer at the time of the request can be shared with the Partners.
The Seller and / or the Partners have the right to modify the technical details of the drawings and files provided by the Buyer to the extent that this is necessary for the production of the parts commissioned.
The Buyer’s ownership and / or copy rights apply to orders, contracts, information, projects, images, calculations, descriptions and all other documents provided to Blue Series Srl, which undertakes not to make them available and not to disclose them to third parties, not to use them internally or by third parties and not to reproduce them without prior explicit consent. This clause does not include providing access to such documents, or their reproduction, to experts and Partners for the sole purpose of providing a quote and advice on their implementation.
Unless a separate agreement is entered into, Seller undertakes not to share information such as company name, address, country, etc. to the individual Partners to the various Partners in charge of product realization.
Delivery; Property; Risk of Loss. All pieces are shipped free on board within the European Union to the Seller’s company in Via Piane Tronto, 64010 Controguerra (TE). The goods travel at the Buyer’s risk and peril. Ownership of the goods is not transferred to the Buyer until the final payment of the balance has been received by the Seller.
Taxes, Obligations, Etc. The Buyer must pay all duties, excise duties, use and other taxes arising from this transaction (other than taxes based on the Seller’s revenues).
Guarantees. The Seller assumes no responsibility for the design of the items that are the subject of this transaction. To the extent that the Seller’s personnel suggest design changes or provide analysis, simulation or advice on the project, they do so to meet the needs of the Seller’s manufacturing process. The Buyer assumes full legal responsibility for the project specifications and performance of the goods subject to this transaction.
SELLER MAKES NO WARRANTY OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY GOODS OR SERVICES INCLUDED BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, WHETHER SUITABLE FOR A PARTICULAR PURPOSE OR NOT.
Without limiting the generality of the foregoing, the Seller assumes no responsibility or liability for the selection of materials for the goods subject to this transaction. The Buyer is solely responsible for ensuring that the materials selected for the goods to be produced by the Seller comply with any regulatory requirement or specification, including but not limited to Directive 2002/95 / EC on the restriction of use. of certain hazardous materials in conjunction with any national laws that implement this directive, ISO, FDA, UL, CSA, CE, TUV, FCC, NSF and USP. Any statements made by the Seller’s personnel or specifications provided by the Seller in relation to the materials must be verified by the Buyer with the manufacturer of the material.
Limitation of damages The Buyer releases the Seller from any liability for incidental, consequential or punitive damages of any kind, whether for breakage of parts, breakage or negation of any other term or condition, negligence, on the basis of strict liability, or otherwise.
Confidentiality Agreement or NDA (Non Disclosure Agreement) the Buyer is guaranteed confidentiality on all files uploaded to the online estimator, so that no one can take possession of them. The Buyer also accepts that the production process can be carried out by identified Partners and the files provided by the Buyer at the time of the request for an estimate remain his property, but can be shared with the Partners to allow the production of the commissioned parts.
Compensation. The Buyer must defend, indemnify, hold the Seller (and its employees, representatives and agents) not responsible for and against all claims, liabilities, losses, damages, penalties and fines of any kind (including, without limitation, interest, taxes and attorney’s fees, customs fees, fines, taxes, criminal penalties or any other governmental sanctions of any kind) (i), resulting or emerging from any breach of representation, warranty or agreement of the Buyer or its affiliates ; (ii) if the Buyer has provided the Seller with drawings, designs or other specifications of the goods or services, arising from any assertion that the goods produced by the Seller (or the action of producing such goods) in accordance with those drawings, designs or other specifications denies or misappropriates a patent, copyright, trade secret or other proprietary right; (iii) otherwise arising from or related to this transaction; or if it is specifically understood that the Buyer must indemnify and protect the Seller and hold the Seller harmless from claims against which the Seller himself has shown himself to be negligent or otherwise in error. If an action, lawsuit or proceeding is taken, or any claim, question or assessment is made against the Seller (or its employees, representatives or agents) which may result in liability, in respect of which a party claims compensation, then the party must immediately notify the Buyer and the Buyer will have the right to assume, at its expense, total control of the defense, compromise or agreement. At the request of the Buyer and at his own expense, the Seller must cooperate fully in this defense and be available to make available to the Buyer any relevant information that falls under his control.
Major force. The Seller cannot be held responsible for non-production, delivery or supply, or for any delay in production, delivery or supply of any goods to be supplied as indicated, if such lack or delay is caused by force majeure, fire, bad weather, strikes, blackouts, executive difficulties, riots, inability to obtain materials, equipment, labor or transportation, government restrictions, serious disturbances to public health or any similar cause over which the Seller is unable to exercise any control.
EU export regulations. The goods subject to this transaction may be subject to EU export control regulations and local regulations that restrict the export and re-export of certain sensitive products and the technology where this is delivered and used: the customer must comply with all these laws. Parts must not be sold, leased or transferred to end users or restricted countries or to users who are implicated in weapons of mass destruction or genocide. By receiving these parts you agree that you are legally responsible for the use and distribution of such parts in accordance with EU export control regulations and that you will comply with the aforementioned regulations, including a prohibition on selling or distributing the parts to parties. or end users affected by restrictions as described in the EU export regulations and you will obtain all necessary export licenses or authorizations that may be required in case the parts are sold to parts or exported to countries for which a license or authorization.
Sale of weapons and essential components of weapons. Blue Series Srl, in accordance with the Legislative Decree 104/2018 of 10 August 2018, published in the official gazette on 08/09/2018, which transposes Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017, amending Directive 91/477 / EEC of Council, relating to the control of the acquisition and possession of weapons, which entered into force on 14.06.2018, does not fall into the category “gunsmiths” and therefore cannot produce and / or trade weapons and / or essential components of weapons.
With the order confirmation, the Buyer represents and guarantees to the Seller that the goods subject to this transaction do not fall within the scope of the aforementioned legislation.
Tools. The Seller may not use the customer’s tools or software in the production of goods for any other customer of the Seller without the express consent of the Buyer. As is customary in this section, “customer tools or software” means tools or software developed specifically for the Buyer and for which the Buyer is charged a separate fee by the Seller.
Current law; Jurisdiction. The rights and obligations of the Seller and the Buyer relating to this contract are governed by Italian law (without regard to principles of conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods does not apply to this transaction. Any cause, action or other legal proceeding deriving from this transaction or related to it must be judged in the court of Ascoli Piceno. The Seller and the Buyer accept the jurisdiction of such court for any cause, action or proceeding and waive any objection that may arise from assigning the jurisdiction of such suit, action or proceeding to any of these courts and any request that such cause , action or proceeding is assigned to a non-competent court.