Contrato de supply of eFoil by E-Aquatic and classes performed by Wave Addict

 

En Sant Pere de Ribes el —------------- de —-------------  de —------------

 

Reunidos de una parte Dña Hilary Dawe, mayor de edad, en posesión del TIE X3214951B con domicilio en Calle del Pi No 37, en su condición de autónomo de E-Aquatic,  hereinafter referred to as “Supplier” . Contact details: 699 867 976, hello@eaquatic.eu

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Y de otra parte

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Elisabet Ramos Lozano, en posesión de NIE 46946482D y  Víctor López Montenegro, en posesión de NIE 46942986D con domicilio en Carrer Major 65, 3° 2°, Sant Pere de Ribes, 08810 en su condición de   Wave Addict con dirección de  Rambla del Port, 1, 08800 Vilanova i la Geltrú, Barcelona, hereinafter referred to as “ School”. Contact details: 695 40 56 27, waveaddictbcn@gmail.com

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The parties act in their own name and interest and recognize the legal capacity required for the award of this contract.

Agreement

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The supplier shall supply the equipment, hereinafter referred to as THE EQUIPMENT, listed in the attached Exhibit A.  The Supplier is covered by RC Seguro by Company, web url, contact person name, email and mobile, policy number 

 

The surf school including all its staff are qualified and registered in the —---- of catalunya to give classes and guided excursions to clients of the supplier. Hereinafter referred to as CLASSES. The SCHOOL  is covered by RC Seguro by Company, web url, contact person name, email and mobile, policy number. 

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Reservas

All reservations are made through E-Aquatic for the full amount of each service. Supplier will inform School as soon as reservations are received order to schedule Classes. Ad hoc reservations can be made directly with the School using the provided booking form, Appendix B

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Payment

Each month Surf School will invoice Supplier for class fees as follows. 

55 euros per 1.5 hours classes, including IVA 

 

Location of Equipment

1. The location of equipment is at a fixed location, located at the premises of the Surf School, Rambla del Port, 1, 08800 Vilanova i la Geltrú, Barcelona during the Term and shall not be moved from that location without Supplier’s prior written consent. 

Term of Contract

This Contract shall begin on the Effective Date and shall terminate on the 1 May 2024.  The contrato will continue on a 12 monthly basis thereafter unless either party notifies the other in writing with 3 months written notice.

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Maintenance, use and repair of Equipment

The equipment may only be used and operated with care and for its intended use. The use of the equipment must comply with all applicable laws and regulations, including the correct registration and licenses. 

The Supplier shall maintain, at the Supplier’s cost, the Equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labor, material, parts, and similar items.

 

Supplier’s Right or Inspection 

The Supplier shall have the right to inspect the Equipment during  School's normal business hours. 

 

Safety Protocol

Safety is of the utmost importance and best practices must be followed on every occasion the Equipment is used for a client.  ATTACHED AS EXHIBIT C 

 

Return of Equipment

At the end of the contract, the  School shall be obligated to return the Equipment to the Supplier within 3 days.

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Ownership of Equipment

The Equipment shall remain personal property and all times unless the Supplier transfers the title by sale. The  School shall immediately advise the Supplier regarding any notice of any claim, levy, lien, or legal process issued against the Equipment. 

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Warranty of Equipment

The Supplier warrants that the Equipment is in normal and good working order, but makes no further warranties, express or implied, as to the condition of the Equipment. 

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Loss and Damage

The School assumes and shall bear the entire risk of theft or loss to the Equipment from their premises. The property is fully insured against fire and theft and the policy details are as follows:  Company, web url, contact person name, email and mobile, policy number

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School agrees to return the Equipment to the Supplier in the condition received from the Supplier, with the exception of normal wear and tear, unless otherwise provided in this Contract. No loss or damage to the Equipment shall impair any obligation of School under this Contract for the entirety of the Contract Term.

  

Indemnification

1. Except for damages or losses due to the Supplier’s acts or negligence, Supplier shall not be liable for any damage or injury to  School or other persons or property occurring on or about the premises and  School shall indemnify and hold Supplier free and harmless from any liability for any and all losses, claims, injury to or death of any person, or for damage to any property arising from Surf School’s use of the Equipment or from the acts or omissions of any person using or possessing the Equipment with or without Surf School’s express or implied consent.

2. The Surf School shall maintain liability insurance as it relates to CLASSES. Insurance Policy No.
   The Supplier shall be responsible for maintaining liability insurance regarding the Equipment. Insurance Policy No.

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Insurance: Theft and Fire

1. The Surf School shall maintain a policy to insure the Equipment for the full replacement value of the Equipment with payment for losses payable solely to Supplier.  Insurance Policy Number. The supplier will pay the premium for this policy.

 

Notice

1. Any notices required or permitted under this contract shall be in writing, deemed delivered when delivery is made in person, by mail with postage prepaid, or via electronic means, addressed to the appropriate party at the address shown for that party at the beginning of this Contract. 

 

Governing Law

1. This contract shall be governed and construed in accordance with the laws of the
   Catalunya

 

Dispute Resolution

1. The parties will attempt to resolve any dispute arising out of or relating to this contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
    

Arbitration: Any controversies or disputes arising out of or relating to this Contract will be resolved

by binding arbitration under the Spanish Arbitration Act 1988, and the arbitrators shall decide ex aequo et bono the resolution.

Cumulative Rights: Supplier’s and Surf School’s rights under this Contract are cumulative, and shall not be interpreted or construed as exclusive of each other unless otherwise required by law. 

Binding Effect: The covenants and conditions contained herein shall be valid and continue to bind the Parties and their heirs, representatives, successors, and assigns. 

 

IN WITNESS WHEREOF, the parties have caused this Contract to be executed the day and year first written above.