The following terms and conditions apply to the sale of products and Services (collectively called “products”) and the licensing of related technology, if the case would be, offered by ASTURIANA DE ALEACIONES SA, ALEASTUR OF AMERICA LLC, ALEASTUR BV, or any of the group Companies or its technology business units (hereinafter called “ALEASTUR”) for The consideration specified in the accompanying quotation or contract.
These terms and conditions are hereby incorporated by reference into Any quotation or contract (all collectively referred to as the “contract”) and shall together with any additional terms and conditions Set forth in the accompanying quotation or contract, represent the Governing terms and conditions, notwithstanding any contradictory, Modifying or additional terms or conditions that may be contained in a Buyer’s request for quotation, purchase order, or other documentation.
Buyer’s acceptance or operational use of any products delivered by Aleastur shall constitute the buyer’s full acceptance of these terms and Conditions. Should buyer accept the order and the products these terms and conditions shall be considered as accepted.
1. Buyer shall provide all necessary permits, licenses, Licenses, certifications and other special requirements contained in the operation as may be required by law or Regulation.
2. Buyer shall comply with all laws and regulations governing the possession, use, handling, transfer or disposal of any kind of materials supplied by ALEASTUR or required in the Performance of the Contract.
3. In the case of resale of the products or services of ALEASTUR, he will always act fulfilling all international and national regulations.
4. All goods shall be shipped EXW ex seller’s premises (Aviles, Spain) per Incoterms 2010. If requested, shipping and handling charges will be prepaid by ALEASTUR and invoiced to Buyer at this price.
5. Buyer shall bear the risk of loss or damage to the goods from any casualty subsequent to delivery to the agreed point in Spain. Buyer will acknowledge acceptance of the Products including risk of loss, and obtaining the necessary permissions or documents for the exportation of the products from Spain.
6. The products or services delivered as per contract by ALEASTUR or the contract are not assignable without the prior written consent of ALEASTUR. Any attempt by the Buyer or client to assign any of the rights, duties or obligations of the Contract without such consent shall not bind ALEASTUR in any form.
7. Buyer will so assume the responsibility of non-fulfilling these rules and it will hold ALEASTUR harmless of any kind of amount as might be imposed. Buyer shall assume full and exclusive responsibility for use of the Products and it shall indemnify, defend and hold ALEASTUR harmless from all claims, actions, damages, expenses, liabilities and losses, including but not limited to breach of contract, warranty, negligence, strict liability, statutory or Regulatory international or national liabilities that in any way arise out of the operation.
8. ALEASTUR and its suppliers, customers, agents, distributors, supplied Companies, freight forwarders, forwarding agents, logistic Companies, clients, and any other kind of collaborator of ALEASTUR group, are absolutely prohibited from conducting ALEASTUR into any kind of business directly or indirectly, with the government (including political subdivisions or agencies thereof) of, or any entity (corporation, partnership, organization, individual, shipper, vessel, carrier, shipping agent, broker, banks, etc.) within, organized under the laws of, with a head office in, controlled, directly or indirectly, by or acting on behalf of the list of sanctioned or embargoed countries and nationals by:
9. Applicable for sales to Buyers and/or shipments outside the European Union or the United States:
Buyer agrees that ALEASTUR’s performance under the contract is subject to all of the required and continuing European Union and United States (EU & US) Government approvals, clearances, regulations, and export licenses.
10. Applicable to EU & US Buyers who intend to export shipments outside the EU & US
ALEASTUR’s products and services are subject to the EU and US export Regulations. Direct or indirect exportation/transfer contrary to EU or US law is prohibited. Buyer assumes all responsibility for securing commodity classifications, export licenses, shipment, and record keeping in accordance with applicable export regulations of the EU & US Government.
11. Buyer acknowledges that:
12. Buyer agrees that it shall not export or re-export, directly or indirectly any commodities and/or technical data (or direct products thereof) ordered Subject to these terms in any form to
13. Contract price does not include any taxes, withholding taxes, duties, assessments, liens, or similar charges levied upon ALEASTUR by an entity other than the Spanish Authorities or a political subdivision thereof (hereinafter “Foreign Taxes”), which could be incurred by ALEASTUR as a result of the Contract.
14. ALEASTUR shall not be liable for any failure of or delay in performance of its obligations (except for Payment obligations) under the Contract to the extent such failure or delay is due to circumstances Beyond its reasonable control, including, without limitation, acts of God; acts of a public enemy; Fires; floods; power outages; wars; contagious illness or disease provoking government-imposed Quarantines; prohibitions on travel or restrictions on commerce; civil disturbances; sabotage; Terrorism; accidents; insurrections; blockades; embargoes; storms; explosions; labour disputes; failures Of common carriers; Internet Service Providers; or other communication devices; acts of cyber Criminals, acts of any governmental body whether civil or military, foreign or domestic; failure or Delay of third parties or governmental bodies from whom a party is obtaining or must obtain Approvals, franchises or permits; and/or inability to obtain labour, materials, equipment or Transportation. Any such delays shall not be a breach of or failure to perform the Contract or any part thereof and the date on which the obligations hereunder are due to be fulfilled shall be extended for a Period equal to the time lost as a result of such delays.