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Seaga Terms and Conditions

 

Seaga : Terms and Conditions

  1. APPLICABLE TERMS

1.1 These Terms, Conditions of Sale, and Warranty govern the sale by SEAGA MANUFACTURING, INC. (referred herein as “Seaga”), and you (referred herein as “Buyer”) for the purchase of the products, services, machinery, parts, goods and other materials (herein referred to as the “Product” or “Products”).

1.2 Buyer’s order of Products from Seaga constitutes Buyer’s acceptance of all terms and conditions contained herein, even if different terms or conditions are specified by Buyer’s order.

1.3 The effective date of the parties’ (Buyer & Seaga) agreement (the “Effective Date”) shall be the date that Seaga receives from Buyer Buyer’s purchase order or signed quote. On the Effective Date, these Terms, Conditions of Sale and Warranty shall be legally binding and have full force and effect and constitute the agreement of the parties (the “Agreement”).

1.4 Published prices and specifications are subject to change without notice. Price sheets are not quotations or offers to sell on the part of the company.

  1. EFFECT OF THESE TERMS AND CONDITIONS

2.1 Upon the Effective Date, all former understandings, former proposals and writings are hereby deemed to be superseded by the Agreement. The parties acknowledge and agree that there have been and are no inducements to contract, no representations made for the purpose of inducing a contract, and no considerations other than those expressly set forth in the Agreement.

2.2 The Agreement expresses the complete and final understanding of the parties with respect to the subject matter thereof and shall not be altered, modified, or changed in any way.

You are hereby notified of Seaga’s objection to and rejection of any additional terms in a purchase order, which are different to or conflict with these Terms, Conditions of Sale, and Warranty, other forms or documents.  In case of conflict between the Terms and Conditions of the Agreement and the terms and conditions of any other document, including Buyer’s purchase order, the Terms and Conditions of the Agreement shall govern.

  1. DURATION; PAYMENT TERMS; TAXES

3.1 Unless otherwise stated in a quotation, order acknowledgement or proposal, the price set forth in any proposal or quotation by Seaga is valid only for thirty (30) days; and prices are for the quantity specified in the order acknowledgement, proposal or quotation. Prices may be reasonably adjusted by Seaga where Seaga encounters price changes or circumstances beyond Seaga’s control.

3.2 All payments made to Seaga for Products sold under the Agreement shall be made to the address as set forth on the invoice, unless otherwise agreed by Seaga in writing. All payments shall be made without setoff or retention by Buyer. Late payments shall be subject to interest on the unpaid balance at the rate of 1.5% per month. Credit is subject to approval. Pro-rata payments shall become due as shipments are made. If shipments are delayed by the Buyer, date of readiness for shipment will be deemed date of shipment for payment purposes. If Seaga is delayed by Buyer, payment will be made on basis of purchase price and percentage of completion, the balance payable in accordance with terms stated. Additionally, a deposit is required on special made-to-order Products, and collations of such orders cannot be accepted.

3.3 Any taxes or additional costs due to federal, state, or municipal legislation, to which the Agreement is subject, will be paid by Buyer.

3.4 Seaga may charge a cancellation charge for orders cancelled by Buyer.

  1. WARRANTIES AND REMEDIES

4.1 Products are warranted, to the original Buyer for use, to be free of defects in material and workmanship within such tolerances as may be customary in the industry for a period of one (1) year from the date of shipment. Seaga, at its option, will repair or replace, or refund the purchase price of any Products which fail within the warranty period and are found upon examination by Seaga to be defective in material or workmanship, or both. This warranty does not cover failures attributable to improper use or maintenance, exceeding rated capacity, alteration, accident, normal wear of moving parts, or damages caused by shipment. Any components not manufactured by Seaga are excluded from this warranty. For warranty on such components, refer to applicable manufacturer’s warranty. Buyer must give written notice to Seaga at the address shown below of any warranty claim within thirty (30) days after failure, and if so instructed, return to Seaga the Products to be replaced or repaired, with all transportation charges prepaid by Buyer. Buyer must obtain a return authorization number from Seaga prior to any return, and items returned without such return authorization number will be refused by Seaga. Replacement Products will be invoiced to Buyer, with credit issued for Products covered by this warranty and freight thereon. Removal and reinstallation of replacement Products shall be at Buyer’s expense.

4.2 THE WARRANTY OF SEAGA SET FORTH IN PARAGRAPH 4.1 IS EXCLUSIVE AND IS GIVEN BY SEAGA AND ACCEPTED BY BUYER IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SEAGA AND WAIVED BY BUYER. Seaga makes no warranties as to Buyer’s ability to re-sell, use, obtain permits or licenses for any intended use of the Product.

4.3 EXCLUSIVE REMEDIES AND WAIVER: Seaga’s sole liability to the Buyer for breach of the limited warranty contained in paragraph 4.1 and the Buyer’s exclusive remedies for any such breach shall be the remedies set forth in paragraph 4.1. Seaga shall have no other liability to the Buyer in connection with the Product, whether claimed in contract, equity, tort (including negligence, gross negligence or strict liability) or otherwise, for or resulting from any Products provided or any errors or omissions. Buyer waives any and all claims relating to spoilage of Buyer supplied materials that may occur as part of Seaga’s machine set up.

  1. DISCLAIMER OF DAMAGES

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SEAGA DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (OR EQUIVALENTS THEREOF NO MATTER HOW CLAIMED, COMPUTED, OR CHARACTERIZED), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ITS SUBJECT OR ITS PERFORMANCE OR BREACH OF PERFORMANCE BY SEAGA, REGARDLESS OF WHETHER ANY SUCH LIABILITY SHALL BE BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND STRICT LIABILITY), VIOLATION OF LAW OR OTHERWISE AND WHETHER THE CLAIM IS BROUGHT AT LAW OR IN EQUITY. By way of example of the foregoing disclaimer, but without limiting in any manner its scope or application, Seaga shall not be liable for all or any part of the following losses, costs or expenses, no matter how claimed, computed, or characterized: lost profit or revenue, lost return on investment, cost of capital, lost operating time or production, lost reduced use or value of any facilities (including existing facilities) or any portion of any facilities, expense of replacement products or power, or increased costs of operations or maintenance. The foregoing disclaimer shall be effective without regard to Seaga’s performance or failure or delay of performance under any other term or condition of the Agreement. This disclaimer shall be enforceable whether or not any limitation of remedies described herein is deemed to have failed in its essential purpose.

  1. DELAYS AND FORCE MAJEURE

Seaga shall not be liable for any loss or damage for delay or non-delivery due to acts of civil or military authority, acts of the Buyer, or by reason of “Force Majeure.” These acts may include, without limitation, any act of God or the public enemy; compliance with any order, decree, or request of any governmental authority; act of declared or undeclared war; public disorder; rebellion; sabotage; fire; flood; explosion; accident; riot; strike; labor difficulty or other concerted act of workmen, whether direct or indirect; declaration of national emergency; mobilization of industry whereby material and labor required for manufacture of the Product are allocated or controlled; or any other cause not within the control of Seaga or which Seaga is unable to avoid by exercise of reasonable care. Any delay resulting from such causes shall extend corresponding shipping dates accordingly.

  1. DELIVERY, QUANTITY, TOOLING, SPOILAGE, AND RISK OF LOSS

7.1 Delivery. Seaga will make every reasonable effort to meet the delivery period set forth in the Agreement. Delivery period proposed is an estimate based on conditions on the Effective Date of the Agreement. All deliveries are contingent upon the timely performance of Buyer in providing component parts/part samples, prints, and approvals as may be requested by Seaga. Delivery shall be F.O.B. Seaga’s plant, Freeport, Illinois. Buyer is deemed to have agreed to extend delivery date if delay is a result of Buyer’s failure to provide, in a timely fashion, component parts/part samples, prints, and approvals as may be requested by Seaga. All jigs, fixtures, and tooling are the sole property of Seaga.

7.2 Receipt of Shipment. Buyer shall examine items before signing transportation receipt. If items are received damaged, Buyer should insist that the carrier itemize damage on the freight bill and immediately file a damage claim. If shortages occur, Buyer shall notify Seaga immediately, as shortage claims cannot be considered unless made in writing within ten (10) days, upon receipt of shipment; and any claim of shortage not timely made is waived.

7.3 Product Changes. Seaga reserves the right to revise specifications and product design in connection with any feature of our Product. Such changes do not entitle the Buyer to corresponding changes, improvements, additions, or replacements for equipment previously sold.

  1. SECURITY INTEREST

Until paid in full for the purchase price, Seaga retains a security interest in all goods delivered to Buyer, and the products and proceeds thereof, for the purpose of securing payment of any and all indebtedness of Buyer to Seaga arising out of the Agreement, together with all costs and expenses in connection therewith, including, but not limited to, expenses of retaking, preserving, repairing, maintaining, preparing for sale, and selling said collateral as well as reasonable attorneys’ fees, court costs, and other legal expenses.

  1. ATTORNEYS’ FEES

Seaga shall be awarded its costs and attorneys’ fees incurred in connection with enforcing its rights and remedies as to and against Buyer.

  1. WAIVER

Waiver by Seaga of any breach by Buyer of any of the terms or provisions of the Agreement shall not be deemed to be a waiver of breach on any other occasion of the same terms or provisions or a waiver of breach of any other term or provision hereof.

  1. ASSIGNMENT

The Agreement shall not be assigned or transferred by Buyer without prior consent of Seaga. Subject to the foregoing, the Agreement shall inure to the benefit of and be binding upon the successors, legal representatives, and permitted assigns of the parties thereto.

  1. TRADE USES; GOVERNING LAW

12.1 All trade uses and customs of Seaga’s industry shall apply to this sale and shall constitute part of the Agreement between Seaga and Buyer to the extent not inconsistent herewith. Except as modified herein, the Illinois Commercial Code shall govern this transaction. Typographical and clerical errors are subject to correction.

12.2 The Agreement, its administration and performance, and all the rights, obligations, liabilities and responsibilities of the parties thereto, shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to Illinois conflict of laws principles. Any and all litigation will be brought exclusively in Stephenson County, Illinois, and Buyer consents to the jurisdiction of the federal and state courts located therein, submits to the jurisdiction thereof, and waives the right to change venue. Buyer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.

  1. HEADINGS AND NO THIRD PARTY BENEFICIARIES

13.1 Any headings preceding the text of any articles, paragraphs or parts of the Agreement are inserted solely for convenience of reference and are not to be considered a part of the Agreement nor shall they affect in any manner the meaning, interpretation or effect of the Agreement.

13.2 Seaga does not intend to give anyone other than the Buyer the benefit of, and no person or entity shall be a third-party beneficiary of these Standard Terms and Conditions and/or the Agreement.

  1. CREDIT CARD PURCHASES

The following additional terms are in effect for any purchase made by Buyer using credit cards for payment. In the event of conflict between the credit card purchase terms and other provisions of these Terms, Conditions of Sale and Warranty, THERE IS NO WAIVER TO THESE TERMS FOR CREDIT CARD PURCHASES.

A. Holder. The term “credit card holder” as used under these Terms, Conditions of Sale, and Warranty is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card. When Buyer completes a purchase from Seaga using a credit card for payment, it agrees to be bound by the terms. Buyer acknowledges that Buyer is the credit card holder authorized to make the purchase using the credit card.

B. Returns. ALL SALES ARE FINAL THERE ARE NO RETURNS, REFUNDS, OR CANCELLATIONS ACCEPTED.

C. Refusal of Delivery. If a return is due to refusal of delivery forcing Seaga to pay return shipping charges, Seaga will charge Buyer the cost of return shipping in addition to the initial purchase price and shipping costs.

D. Chargeback Policy. “Chargebacks” are the reversal of a credit/debit card purchase made by Buyer from Seaga. Buyer acknowledges it understands Seaga’s no return policy. Buyer agrees that in accordance with the no return policy, it will not initiate chargeback proceedings with its credit issuer. Seaga does not condone or tolerate credit card fraud. Seaga reserves the right to pursue all avenues available to defend its interests including prosecution to the fullest extent allowed under the law. In the event Buyer initiates a chargeback with Seaga, Seaga will:

(1) Initiate legal proceedings, civilly or criminally, against Buyer to recover damages as provided herein; or

(2) If fraud is suspected, file a report with your local police or sheriff’s department; and, if applicable, file a mail fraud complaint with the United States Inspection Service.

Buyer agrees that if Buyer files a chargeback with its credit card company in regards to purchases made from Seaga, Buyer agrees to reimburse Seaga for all costs and expenses including cost of the merchandise, shipping, restocking, research costs, employee down time, any representative Seaga may appoint to investigate and for any expenses, including costs of suit and legal fees, incurred due to Buyer’s actions. Buyer further agrees that if it initiates a chargeback on a valid, authorized purchase, which was delivered, Buyer authorizes Seaga to recover the amount of the chargeback and any fees referenced above by any means deemed necessary.

15. PRIVACY POLICY

Your privacy is important to us. It is Seaga’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://www.seaga.com, and other sites we own and operate.

This policy  was last updated on 30 August 2021.

15.1 Information We Collect

Information we collect includes both information you knowingly and actively provide us when using or participating in any of our services and promotions, and any information automatically sent by your devices in the course of accessing our products and services.

15.2 Log Data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, other details about your visit, and technical details that occur in conjunction with any errors you may encounter.

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

15.3 Personal Information

We may ask for personal information which may include one or more of the following:

Name

Email

Legitimate Reasons for Processing Your Personal Information

We may collect personal information from you when you do any of the following on our website:

Sign up to receive updates from us via email or social media channels

Use a mobile device or web browser to access our content

Contact us via email, social media, or on any similar technologies

When you mention us on social media

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you

Please be aware that we may combine information we collect about you with general information or research data we receive from other trusted sources.

15.4 Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security. We will comply with laws applicable to us in respect of any data breach.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services.

15.5 How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. If your personal information is no longer required, we will delete it or make it anonymous by removing all details that identify you. However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

15.6 Children’s Policy

We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

15.6 International Transfers of Personal Information

The personal information we collect is stored and/or processed where we or our partners, affiliates, and third-party providers maintain facilities. Please be aware that the locations to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.

15.7 Your Rights and Controlling Your Personal Information

You always retain the right to withhold personal information from us, with the understanding that your experience of our website may be affected. We will not discriminate against you for exercising any of your rights over your personal information. If you do provide us with personal information you understand that we will collect, hold, use and disclose it in accordance with this privacy policy. You retain the right to request details of any personal information we hold about you.

If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time. We will provide you with the ability to unsubscribe from our email-database or opt out of communications. Please be aware we may need to request specific information from you to help us confirm your identity.

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

IIf you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

15.8 Use of Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

15.9 Limits of Our Policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

15.10 Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details:

Seaga Information Team

info@seaga.com

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