We welcome you to the Educational Services and Testing (ESAT) website. We ask that you review the following basic terms that govern the use of the website. By using ESAT''s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the website following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
Purchases from the website are governed by our Terms and Conditions of Sale.
All of the content on this website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned and controlled exclusively by ESAT.
The content of ESAT’s website is intended for personal non-commercial (aside from purchases by you from our website). You may not copy, reproduce, publish, transmit, or otherwise use any website content without ESAT’s prior written consent.
ESAT retains all intellectual property rights in the trade names, brand names, trade dress, text, descriptions and images depicted on this website. You should be aware that Oakley will aggressively enforce all intellectual property rights in the content.
USE OF THE WEBSITE
You will not:
interfere or attempt to interfere with the proper operation of the website, or take any action which is likely to cause the website to be interrupted or degraded; or
attempt to gain unauthorised access to the computer system of ESAT or that of any other user; or
upload files that contain viruses, trojans, worms, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of ESAT’s computer or that of another.
We do our best to ensure that the website operates properly at all times, but we make no warranties as to the availaESATlity or accessiESATlity of the website. The website is provided on an ‘as is’ and ‘as available’ basis, without warranty of any kind, neither expressed or implied, including, without limitation, warranties of merchantaESATlity or fitness for a particular purpose.
We also try to ensure that the information on the website is accurate at all times, however, we cannot warrant the accuracy of any information and we will not be held liable for any use or reliance you may make of or put on it.
You use ESAT’s website at your own risk and you assume all responsiESATlity. ESAT will not be responsible for any damages you may suffer as a result of your use from this website.
TERMS OF SALE
Our General Terms and Conditions of Sale shall exclusively apply to all contracts between us and our clients. Any differing conditions or terms of buyer are herewith objected to and shall not apply. Any agreement affecting the execution of this contract must be in writing.
2. Offer and conclusion of contract
Samples and catalogues are to be considered non-ESATnding material for illustration and/or test purposes, giving only an approximation of properties and specification.
The weight, volume or gage of the goods measured upon shipment is valid.
3. Price of the Goods
Prices valid at date of delivery will be applied.
We reserve the right to adapt prices, for confirmed orders as well, to reflect any increase in our costs, for any reason beyond our control, like force majeure, shortage of primary material or labor, strikes, official orders, transportation or similar problems, if this increase happens after confirmation of order but before delivery of goods.
Our prices are ex works unless stated otherwise and do not include any kind of taxes.
4. Terms of Delivery
Confirmed delivery dates are not fixed dates, unless stated otherwise. We reserve the right to postpone delivery in the case of force majeure for the duration of the obstruction plus a reasonable period of recuperation. Should delivery have become impossible by an act beyond our control we reserve the right to partially or completely rescind the contract. Strikes, unforeseeable events or interruptions of operations are considered force majeure, should we have no influence over these events. Failure to comply by a supplier only gives us the right to rescind the contract, if a replacement deal was made and failed to comply. We reserve the right to partial deliveries unless the client has no interest in them.Unless failure to comply or delay of delivery was caused by us, our lawful representatives or auxiliary persons by gross negligence or intentional acts, we will not be liable for noncompliance. Should we be liable under the terms aforementioned, liaESATlity is limited to damages that occur foreseeable and typically under the circumstances.
5. Terms of payment
Unless agreed otherwise, our invoices are to be paid immediately upon receipt of merchandise and invoice. Should client fail to comply within 30 days, he will automatically be in default of payment. Payment is considered made when it is at our disposal. Detention of payments or balancing of payments against claims of buyer against seller is not allowed, unless these claims are undisputed or legally established. The aforementioned paragraph does not apply to buyers who are neither entrepreneurs nor statutory persons as defined by the Italian Commercial Code
6. Salomonic Clause
Should one of the clauses above or part of one of the clauses above be legally invalid, validity of the other clauses of these General Terms remains unaffected