GENERAL CONDITIONS OF SALE
ARTICLE 1- GENERAL PROVISIONS
These general conditions govern the sales made by us.
Taking an order implies unreserved acceptance of these general conditions which cancel and replace any general or specific clauses appearing in all documents emanating from our customers and co-contractors.
ARTICLE 2-ACCEPTION OF ORDERS
Any order sent to us directly by the buyer or through an agent only becomes final after formal acceptance on our part. Notwithstanding any previous stipulation to the contrary, our sales are made without any obligation to take back used equipment, unless otherwise expressly stipulated in the acceptance of the order, the invoice, and always special to the relevant market.
ARTICLE 3- PRICE
The prices appearing on our price lists do not bind us, only the price appearing on the acceptance of the order can bind us. The prices communicated are always given in Euros, excluding VAT and, unless special conditions apply, are ex-our warehouses and without packaging.
Packaging and transport are the exclusive responsibility of the buyer even if he leaves it to us to choose the packer and carrier.
ARTICLE 4- PAYMENT
Unless there are special conditions, our invoices are payable in cash, without discount, to the address mentioned on the invoice. In the event of early payment, no discount will be granted. Any late payment automatically entails the application of penalties of an amount equal to three times the legal interest rate, from the day following the payment date indicated on the invoice or from the day following the date of maturity of an unpaid bill. Any credit granted constitutes a payment facility and is revocable at any time. Any significant change in the financial or economic situation, even after partial execution of the orders, may result in the revision of the payment conditions, the seller remaining the sole master of his decision without the need to justify himself. Drafts sent for acceptance must be returned to us within a week of sending them. Refusal to accept our bills of exchange or failure to pay exactly a fraction or the entirety of the price when due, whatever the means of payment, makes our entire debt immediately due without notice. prior and results in the suspension of deliveries as well as the possible closure of the customer account (delivery against payment). In the event of an export sale, our goods are payable upon ordering or by irrevocable and confirmed bank letter.
ARTICLE 5- DELIVERY
Our delivery times are always given as an indication and any delays cannot lead to the cancellation of the sale. However, following a delay in delivery, the buyer has the option of giving our company formal notice to deliver the goods within one month after receipt of the registered letter. At the end of this period, the buyer will have the right to cancel his order. We can also ship our merchandise by express. However, in this case, the shipping remains the responsibility of the recipient. Additional costs following non-delivery due to the customer (closure of the company, personal absence, etc.), will be invoiced in addition
ARTICLE 6- RESERVATION OF OWNERSHIP
In accordance with legal provisions, the transfer of ownership of the goods delivered will only take place on the day of full payment of the price. However, the risks are transferred to the buyer, as soon as the goods are made available in our warehouses to him, to that of one of his agents or to the carrier, as a pledge to transfer ownership of the goods as security.
ARTICLE 7- RECEIPT – COMPLAINT
Our goods always travel at the risk of the recipient.
In the event of a dispute during delivery by the carrier, it is up to THE RECIPIENT:
1) note on the carrier’s delivery receipt the dispute noted « missing package, broken package, wet package, etc. » and in no case « subject to unpacking »
2) to confirm to the carrier within three working days following delivery, the reservations made on the receipt, by registered mail with acknowledgment of receipt. No declaration to our
opposition is not admissible if the two points above have not been respected.
ARTICLE 8- RETURN OF MATERIAL
The customer has eight days from the date of receipt of the goods to return a non-compliant device to us. In all cases, this return of material must be accompanied
1/ a delivery note stating our invoice number or delivery note,
2/ be made postage paid,
3/ be made with the original packaging.
ARTICLE 9- GUARANTEES
Our devices are sold as is. The buyer must ensure that the demonstration is obtained at the latest at the time of delivery. Equipment sold second-hand does not benefit from any warranty, and we never provide repairs. Concerning new equipment:
1/ Complaints concerning hidden defects in our devices are only admissible if they reach us by registered letter within the month following delivery.
2/ The operation of the devices is only guaranteed to the extent that we have agreed to provide troubleshooting and maintenance, by express agreement and under conditions determined for each device or batch of devices subject to a contract. .
The benefit of this guarantee automatically disappears in the event of modification or transformation of the materials or their operating condition:
° Repair by someone other than the seller
° Repair with non-original parts.
° Lack of maintenance or non-compliance with instructions for use
° Effects of normal wear or possible mismatch between the characteristics of the material and the customer’s own needs.
ARTICLE 10 – RESOLUTIONAL CONDITIONS AND PENALTY CLAUSE
In the event of non-compliance by the customer with his obligations, particularly in terms of payment, we reserve the right to cancel the sale automatically without prior notice. In this case, the customer would owe us compensation fixed at a flat rate of 50% of the price excluding VAT of the goods (Article 1152 of the Civil Code), without prejudice to any recourse which may be exercised by the seller to compensate for the damage due. upon recovery of equipment due to its degradation or depreciation. In the event that without resolving the contract, we request from our customer the execution of his obligations through litigation, we will be owed fixed compensation equal to 20% of the price excluding VAT of the goods. In addition, in the event of late payment, we will be owed interest equal to three times the legal interest rate, in accordance with article 4.
ARTICLE 11- DISPUTES
ANY DISPUTES OR DISPUTES WILL BE WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL TRIBUNAL OF NICE. THE BUYER’S POSSIBLE PURCHASE CONDITIONS, AS WELL AS THE PLACE OF SIGNATURE OF THE ORDER OR THE CONTRACT AND ANY EXEMPTIONS FROM THE GENERAL CONDITIONS OF SALE, CANNOT OPERATE NEITHER NOVATION OR EXEMPTION FROM THIS JURISDICTION CLAUSE, EVEN IN CASE OF CALL FOR GUARANTEE, CONNECTION OR MULTIPLE DEFENDANTS.
ARTICLE 12 – WEEE
As part of European legislation aimed at better recycling of waste electrical and electronic equipment (WEEE), the company NICEMATIC undertakes to take charge (on simple request) of the treatment of the products distributed by it since August 13 2005; it will be up to the customer to send these products to us at their own expense and to our premises. They will then be dismantled before being redirected by us to an approved recycling center and partner.