Unless otherwise stated, our offers are only valid for 30 days following the date they are established.
All orders automatically assume acceptance of these general terms of sale, irrespective of any other clauses that might appear on the buyer’s documentation.
They define the provisions governing the supply of hardware, software, software packages, systems and services commercialized by our Company.
If there is any conflict between the client’s general terms of sale and those of our company, it is explicitly agreed that only the latter will be considered valid and, consequently, will be legally binding between the parties, unless there is a prior written dispensation accepted by our Company.
a) Orders negotiated verbally or through our sales personnel only become final when we confirm them in writing. No subsequent amendment to the order can be taken into consideration unless there is written agreement between both parties. Furthermore, the order will not be firmly and definitively registered until we have received a down payment of 30% of the amount of this order, paid by check.
b) Once accepted, no order may be cancelled unless there is written agreement and subject to all the cancellation costs being borne by the buyer.
c) Any modification to the delivery schedule at the buyer’s explicit request may lead to additional charges or a price adjustment as deemed necessary by our Company.
d) Unless agreed otherwise, orders are not registered as firm and binding until we have received a 30% down payment by check validating the order.
e) We reserve the right to make partial deliveries with the corresponding partial invoicing; in this case, the buyer is not entitled to wait for the balance of the hardware ordered to defer payment of the hardware received.
Our price lists are provided for reference only.
Our prices are calculated ex-stores, with packaging paid by the recipient. They are calculated taking the valid economic and tax conditions into account. If these conditions change (exchange rate fluctuation, for example), our prices may vary in accordance with the legally authorized terms and conditions.
The delivery deadline is given as a reference only. It is explicitly agreed that no penalties may be applied to delivery delays.
The goods are considered delivered to the address specified by the seller, and collection from this address is incumbent on the buyer. The goods are sent at the buyer’s exclusive risk and expense, with the buyer bearing the cost of any loss or damage.
It is incumbent on the buyer to inspect the goods on arrival, make any relevant claim against the carriers within three days (French Commercial Code L133-3) and inform the seller of this within the same period.
The buyer undertakes to adopt all the required procedures and carry out the tests necessary to check that the equipment delivered complies with the subject of the order and ensure that it is started up in the physical environment necessary for the installation and correct operation of the equipment ordered, from the moment the equipment is received.
Payments are made 30 days after the invoice date for all clients that have an account in our books that specify this, or immediately upon receipt of the goods for other clients.
In the case of payment by instalments, the non-payment of a single instalment shall authorize the seller to invoke termination of the contract, if it considers this appropriate, and all sums paid by the date of this termination are considered non-refundable, as required, by way of a penalty clause.
All payments must be made on the agreed date, and the seller may not be asked to make further deliveries until the amounts previously owed are settled.
1) Any claim relating to the equipment’s compliance, either the amount or the nature thereof, with the order must be made by registered letter with acknowledgment of receipt within eight days following the delivery to the buyer.
2) No equipment supplied may be returned or exchanged without the prior written agreement of our Company, subject to the possible reimbursement of the costs of such an operation. Receipt by error of equipment returned without our written agreement may not be considered a tacit acceptance of return or exchange.
In accordance with law no. 80335 of 12.05.1980, the seller retains the title to the goods delivered until full and effective payment of the sale price and associated charges; remittance and acceptance of bills or notes does not constitute novation of this rule.
Consequently, until full payment, the equipment remains the property of the seller, and the buyer is prohibited from moving it to an address other than the one referred to in this document.
Furthermore, until full payment has been made, the buyer is prohibited from lending, leasing or transferring the delivered equipment, or pledging it as collateral or guarantee.
To guarantee the possible return of the equipment to the seller, the buyer undertakes to take out the appropriate insurance guaranteeing the equipment so that, if this equipment is lost or destroyed, the premium paid to the insurance company covers the sums still owed to the seller.
If the buyer fails to pay a single instalment of the price on the agreed instalment dates, and eight days after a formal demand for payment sent by registered letter with acknowledgment of receipt has gone unanswered, the sale will be terminated automatically if the seller sees fit, and in this case it shall be entitled to demand immediate return of all the equipment delivered. In such a case, and in addition to the return of the equipment belonging to the seller, the latter shall be entitled to retain as damages and if necessary as a penalty clause, the sums already paid up to a limit of 30% of the sale price before taxes.
In case of disagreement over the return of the goods or the equipment, the latter may be obtained by means of an interim order given by the President of the Commercial Court in the place of the seller’s registered office, to which the parties explicitly award jurisdiction; the same decision will appoint an expert to assess the condition of the returned equipment and to establish a value for such on the day the seller recovers it.
The parties’ accounts shall be settled on this basis, regardless of any damages that may be owed by the buyer as compensation for the loss incurred by the seller as a result of the termination of the sale.
In any event, the buyer shall bear the financial consequences of the loss or deterioration of the equipment while it remains the property of the seller.
From the moment the equipment leaves the seller’s stores, it is placed under the responsibility of the client, who shall bear from that moment onwards all the risks, losses or damage, and it is incumbent on the client to take out all the coverage it deems necessary, with the specification that the seller shall be subrogated in its rights with regard to the insurer for the sums owed.
The buyer is prohibited from reselling the goods delivered if it is in a position of suspension of payments or insolvency.
The buyer may assign to the seller, in case of resale, any debt claims arising in its favor from the resale to a third-party buyer; however, it remains bound to the seller in principal, for correct settlement of the invoices for the initial sale. In case of attachment or any other third party intervention, the buyer must inform the seller immediately.
It is understood that this agreement will apply to all business undertaken between the abovementioned seller and buyer.
1) The guarantee for the new equipment is the seller’s responsibility. It is for three months from the delivery date, unless specific conditions are agreed. Under this guarantee, the seller undertakes during this period of time to replace free of charge in its workshops any parts that it recognizes as being defective.
2) The guarantee does not apply to faults, damage or deterioration that do not arise from the normal operation of the equipment. In particular, the guarantee does not cover any damage resulting from blows suffered by the equipment, handling or maneuvering errors or modifications that the seller has not authorized or carried out itself; this list is not an exhaustive one.
3) Any breakdown occurring before the invoice for the equipment is settled may not under any circumstances be used as a pretext for cancellation of the order or a delay in payment.
4) All the works required under guarantee are carried out exclusively on our premises; consequently, the equipment in question must be returned by the buyer at its own expense and risks.
5) The seller guarantees solely that the equipment delivered complies with the order received and accepted and that said equipment is in normal operating condition, to the exclusion of any other implicit guarantee concerning, in particular, the quality of the service provided by the equipment or its suitability for the purposes that the buyer has assigned to it.
6) The buyer may not claim any loan of replacement equipment, nor any compensation of any kind covering possible harm caused by the immobilization of the defective equipment.
In addition, it is expressly agreed between the parties that both printer printing heads and consumables are not covered by this guarantee.
No equipment may be returned by the buyer if it is not the subject of an agreement confirmed in advance and in writing by the seller. A return of equipment can only be accepted if it adheres to the following conditions:
a) The equipment delivered does not comply with the purchase order issued by the buyer and accepted by the seller.
b) The equipment delivered has already been delivered previously. The returned equipment must not have undergone any modification of any kind whatsoever and must be in a condition considered to be as new, in other words accompanied by the technical manuals, documentation, cables and accessories necessary for its use, in working order and packed in its original packaging.
If the returned equipment does not have the characteristics listed above, the buyer must meet the costs of the seller restoring it to its original condition. The amount of these costs is a fixed 10% of the purchase price of the equipment in question. Under no circumstances does this amount cover the possible costs of a repair made necessary by the incorrect functioning of the equipment.
Any equipment returned under guarantee, because it is defective, must necessarily be accompanied by a document (invoice or delivery note, for example) that proves the date the equipment was brought into service. Any equipment returned without one of these documents, signed and dated, will be excluded from the benefit of the guarantee. In addition, the equipment returned must be accompanied by an exact description of the presumed fault, signed by the buyer.
The seller shall only take responsibility for the transport costs of the returned equipment in the above conditions, during the guarantee period defined in the Article of the Contract.
The seller, by agreement between the parties, shall not be liable for:
1 – the intangible consequences of incorrect functioning, of a breakdown or of destruction of its equipment .
2 – damage of any kind, be it personal injury, material or intangible damages, that might be caused by these installations.
Consequently, the buyer of this equipment undertakes to take out an insurance policy covering all these risks, and to obtain from said insurer a waiver of the right to any recourse against the seller.
The buyer relies on its own competence and its own judgment regarding the suitability and compatibility of the equipment supplied in accordance with its contract and it is incumbent on the buyer to carry out all the checks necessary to ensure that the purchased equipment is compatible with the system with which it is associated and its suitability for the purpose sought. Our Company can accept no liability for any knowledge that it, or its employees, might have concerning the purpose of the supplied equipment or the use made of it. Our Company’s liability is strictly limited to ensuring that the equipment meets its specifications.
If it is loaned, the loaned equipment must be returned on the date specified on the loan document.
Any delay after this date or any deterioration of the equipment, its accessories and its packaging will entail the borrower paying the owner a lump sum indemnity fixed at 10% of the price of said equipment, independently of the cost of restoring this equipment to its original condition.
In addition, any equipment not returned within a maximum of 10 days after the normal return date shall, if the owner of the equipment so wishes and gives notification by registered letter with acknowledgment of receipt, be deemed to have been bought by the borrower and invoiced at the recommended retail price in force on that date; this price is payable in full, notwithstanding the automatic application to this equipment of the title retention clause, which shall replace on the invoice issue date the rental contract binding the owner of the equipment and the borrower.
For the whole term of the loan, the borrower is prohibited from changing the location of the equipment in any way and from allowing it to be used by a third party.
The transport and delivery costs are the responsibility of the client in the same way as for a purchase.
The Nanterre Commercial Court shall have sole jurisdiction in any dispute arising from the sale of the equipment referred to in this agreement, including in the case of multiple defendants or the introduction of third parties.
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