TERMS AND CONDITIONS APPLICABLE TO CONTRACTING AND WORKS PERFORMED

This is a free translation of the applicable general terms and conditions, originally drafted in Spanish, provided for guidance and informational purposes only. The only valid version is the one written in Spanish therefore, in the event of any doubt or discrepancy, the Spanish version shall always prevail.
Scope of application. These conditions are incorporated into any contract or documentation exchanged between SEA ELECTRONICS and the Client and override any other terms or conditions that are inconsistent with them. Any legal regulations, current or future, of mandatory application shall prevail over these conditions, without implying the nullity of clauses not contradictory with such regulations. The signing by SEA ELECTRONICS of any of the Client's documents shall not imply any modification of these conditions.

Execution of the works. The works shall be carried out in accordance with best local practices using materials of appropriate quality for reasonable Client satisfaction, and safely in accordance with Spanish health and safety requirements.

SEA ELECTRONICS will make all efforts to deliver the works or goods within a reasonable time but cannot accept any responsibility for delay. If SEA ELECTRONICS mentions a delivery date, such date shall be understood as an estimated date only.

In the event that any of the specified materials or equipment is not available at the required time for use on the vessel, SEA ELECTRONICS shall have the right to use other suitable materials or equipment of equivalent standard as replacement.

SEA ELECTRONICS shall have the right to subcontract all or part of the works.

Responsibility for the safety of the vessel lies with the Client. The risk of all goods, equipment and materials supplied by SEA ELECTRONICS shall pass to the Client when supplied or when assigned or fixed to the vessel.

Ownership of all goods, equipment and materials supplied by SEA ELECTRONICS shall not pass to the Client until SEA ELECTRONICS has received full payment of the goods and all other sums due.

Licences, approvals and certificates. The Client is responsible for obtaining and maintaining approvals or certificates relating to the Vessel and the works as required by regulatory bodies.

Completion of works. SEA ELECTRONICS shall rectify defective works identified prior to completion at no additional cost to the Client, in accordance with these conditions. At the time of delivery of the vessel or, in general, of the works, the Client shall examine them for possible errors or damage and notify SEA ELECTRONICS of any problem. The Client shall be deemed to have accepted that the goods and/or works are compliant if the Client does not carry out such examination within seven days, or if, after having done so, does not notify SEA ELECTRONICS of any discrepancies identified. In such case, the Client shall have no right to claim damages or compensation from SEA ELECTRONICS under any circumstances.

Conditions and warranties. SEA ELECTRONICS offers a 3 months warranty from completion of the works if they are carried out on a privately used vessel. Where the vessel is intended for commercial use, the warranty is of 15 days from that same date. During the warranty period, SEA ELECTRONICS undertakes to repair any defect arising exclusively from works performed by it due to defective construction or repair, excluding defects attributable to failures of parts supplied by third parties. The warranty does not cover misuse (including sporting competitions), abuse, improper use of parts or materials or lack of proper maintenance.

If a warranty repair is required, it shall be carried out by SEA ELECTRONICS in Palma de Mallorca, unless the Client pays in advance all reasonable travel and accommodation costs to complete the works in another location.

SEA ELECTRONICS guarantees that the works will comply with specifications and be free from defects in workmanship and materials, provided these are visible. SEA ELECTRONICS shall not be responsible for defects in materials, parts, equipment, etc. supplied by the Client or third parties, nor for damages caused by such defects. Installation of refurbished or second-hand materials, parts, equipment, etc. is always at the Client's risk.

SEA ELECTRONICS does not guarantee conditions, terms or obligations relating to the quality or suitability of the works or goods for any particular purpose.

The Client guarantees that it has provided SEA ELECTRONICS with all information and documentation necessary to properly assess costs, risks and how to carry out repairs. SEA ELECTRONICS has no obligation to verify the accuracy of the information/documentation provided by the Client. It is the Client’s absolute responsibility to ensure that the goods/works are suitable for the purpose for which they are contracted.

Liability of SEA ELECTRONICS and indemnities.

The liability of SEA ELECTRONICS shall cease upon completion of the contract and, whether contractual or non-contractual, shall be limited to a maximum of 5 times the net value of the invoice of the goods or works, except with regard to compensation for liability for damages other than strictly material damage, which shall be limited to the net value of that invoice.

No liability is accepted for delays or for defects in products supplied by third parties. Nor shall it be responsible for any problem arising from hidden defects in the vessel or problems that could not be detected or appear in inaccessible areas at the time of quotation or estimate.

Client responsibility. The Client shall indemnify SEA ELECTRONICS and third parties for all damages, injuries or losses occurring to any person or property and for all actions, claims, demands, charges or expenses arising from the above, occurring in connection with the condition or use of the vessel or goods, due in whole or in part to force majeure, carelessness, negligence or wilful misconduct of the Client or its employees or agents.

Right of retention. In addition to any lien rights provided by law, SEA ELECTRONICS shall have a right of retention over all Client property in its possession (even if such goods or some of them have been paid for) for all sums, liquidated or not, owed by the Client. SEA ELECTRONICS shall not be responsible for loss or damage to Client property in its possession, whether arising from exercising its right of retention or otherwise.

Governing law and jurisdiction. The contract, works, services, these conditions and any consequence or dispute arising therefrom shall be governed and interpreted in accordance with Spanish law. For this purpose, both parties expressly submit to the jurisdiction of the courts of Palma de Mallorca, waiving their own jurisdiction.