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General condition of sale

GENERAL CONDITIONS OF SALE MULTISTATION SAS

Any order or payment of an invoice, whatever its amount, implies the customer’s unreserved acceptance of these General Terms and Conditions of Sale. These cannot be modified or contradicted by contrary stipulations which may appear on the customer’s order forms or in its general conditions of purchase. Any clause to the contrary must be the subject of a written agreement.

The services provided by MULTISTATION SAS require active and regular collaboration with the customer.

The customer has the obligation to define his needs to establish specifications. This document, drawn up under the sole responsibility of the client, is supposed to perfectly define the needs and objectives to be achieved. MULTISTATION SAS has the obligation to comply with the express terms of the said specifications.

The proposal and the recommendations which will be formulated by the company MULTISTATION SAS are established according to the information that the customer has kindly communicated and in particular the specifications, if there are any. MULTISTATION SAS does not have to verify the accuracy of the data provided by the customer and, consequently, cannot be held responsible in the event of inaccuracy.

During the negotiation phase, the company MULTISTATION SAS provided the client, which the latter acknowledges, with all the information and advice useful for its decision-making.

The choice of equipment offered is made solely on the basis of the information and needs communicated by the customer to the company MULTISTATION SAS. The scope of intervention of MULTISTATION SAS is strictly limited to the order form signed by the customer. MULTISTATION SAS cannot be blamed for not having offered a more complete intervention.

All the consequences of a lack of information or a modification of the expressed needs will be borne by the customer. This is the case for development, research and study costs, or additional material costs.

The proposal drawn up by MULTISTATION SAS remains its property. It may not under any circumstances be distributed or integrated into any document without its authorization. Only orders making explicit reference to an offer from MULTISTATION SAS and bearing the buyer’s signature and commercial stamp are taken into consideration. The intention to order does not constitute an order and does not bind MULTISTATION SAS.

The concept of equipment that will be discussed is the generic term defining any hardware, software, installation, automation, service provided by the company MULTISTATION SAS.

ART 1 – DELIVERY

The delivery times of the equipment are given as an indication and without commitment from the company MULTISTATION SAS. Delays cannot under any circumstances justify cancellation or compensation, for any reason whatsoever (see article 9). MULTISTATION SAS reserves the right to modify the delivery date if necessary, taking care to inform the customer.

The notion of delivery means the material delivery to the customer of the equipment and the signing of a delivery slip or, failing that, by the simple fact of taking possession of the equipment.

It is in any case distinct from commissioning – acceptance of the equipment or solution, technical receptions which may occur simultaneously but also subsequently.

From the date of delivery, the customer must insure against the consequences of this possession.

The customer must ensure that the premises where the equipment will be stored and put into operation comply with the use of the equipment and in any case with the safety rules. The same applies to the general electrical installation, which is the sole responsibility of the customer.

1.1    SHIPMENT OF GOODS / TRANSPORT

Our goods, even delivered free, always travel at the risk and peril of the recipient. Our responsibility cannot in any case be brought into play for an act due to the carrier. The responsibility of the sender can only be engaged if proof of his fault can be provided. It is up to the recipient to check, upon receipt, the qualities and numbers of the goods received, by opening the packages if necessary. In the event of damage or missing items, the customer must make specific reservations on the transport document. French law obliges the customer to confirm the damage with the carrier, by registered letter, within three days of receipt. Failure to comply with these formalities prevents any action against the carrier.

1.2      MISSING ON UNPACKING

When unpacking, we recommend that our customers carefully check the contents of the boxes and packages received. If an item is recognized as missing, MULTISTATION must be informed in writing. After a period of eight days, complaints concerning the contents of boxes or packages will no longer be admissible.

1.3      SPLIT DELIVERIES

We cannot always deliver all the items of the same order immediately, at once. Unless otherwise instructed on the customer order form, we will immediately ship the items available in our stores.

ART 2 – ART 2 – INVOICING + ART 3 – PAYMENT CONDITIONS

Our invoices are payable at our office in Dinard. Except for specific commercial conditions proposed in our price offer, the reference of which must be mentioned on the order, the materials and services ordered from the company MULTISTATION SAS are billable and payable as follows:

  • Upon receipt of the order, minimum invoicing of 50% of the amount including tax of the order, payable by bank transfer upon receipt of the the balance upon removal of the materials and/or services ordered by commercial transfer or by 30-day draft
  • Invoices for used equipment must be paid in full before delivery.

Items delivered upon acceptance must be returned within 5 days. Failure to return the bills within this period makes the debt immediately payable (Art. L 511-15 of the Commercial Code) without any formality.

Failure to pay on the due date will result, automatically and without prior notice, on the one hand, in the payment of all sums due and, on the other hand, in the invoicing of late payment interest. equal to 3 times the legal interest rate; The interest being due by the sole fact of the expiry of the contractual term not respected. Each month started counts as a full month. The aforementioned sum will be capitalized at the same price for each annual period. Articles L.441-3 and 441-6 of the Commercial Code impose on the customer who pays an invoice after the expiry of the payment period, the obligation to pay his supplier a lump sum recovery indemnity, the amount of which has been fixed at 40 euros.

No compensation can be opposed by the customer, no right of retention is allowed against the claims of the company MULTISTATION SAS.

ART 4 – PRIce

Our prices are exclusive of tax and non-binding. Our quotes, unless otherwise specified, are valid for one month from the date of dispatch. The prices appearing on our general catalog or our website are given as an indication.

The minimum order amount is 150 Euros excluding VAT.

ART 5 – WRITING ORDERS

We recommend that our customers use the numbers and designations from our catalogue. In the event of imprecise or contradictory wording, we decline all responsibility except for delivery errors that may occur. The return costs for non-compliance that would result from this cannot be borne by us.

ART 6 – COMPLAINTS AND RETURN OF GOODS

6.1      COMPLAINTS

Your complaints must be made immediately upon delivery in the case of an apparent defect and within fifteen days in the case of a non-apparent defect.

6.2      RETURN OF GOODS

Any return of goods requires the prior written consent of MULTISTATION. The references of the goods concerned must be clearly expressed (dates and numbers of the delivery notes and corresponding invoices).

ART 7 – COMPLIANCE AND ACCEPTANCE

Upon delivery of the equipment, it is the customer’s responsibility to check that the assembly conforms to his order. In the absence of a complaint from the customer within the period of 8 days from delivery, the customer will be irrefutably deemed to have equipment that complies with his order.

Depending on the complexity of the equipment, the parties may agree on an acceptance procedure including provisional acceptance at the equipment manufacturer or at Multistation and final acceptance at the customer. In any event, the notion of receipt is not to be confused with that of delivery.

This acceptance period is intended to allow the customer to carry out reliability, operating or production tests. These tests must be carried out within a maximum period of one month from delivery. Failing this, final acceptance is deemed granted.

At the end of this test period, or the one-month period, final acceptance is pronounced with or without reservation.

The period between provisional and final acceptance must make it possible to resolve the problems or malfunctions noted during the provisional acceptance and which significantly compromise the normal operation of the equipment. Cannot prevent the final acceptance, minor disorders, adaptations made necessary by the installation of the equipment

Acceptance means the signing of the acceptance report or, failing that, the normal operation or production of the equipment.

ART 8 – GUARANTEE

Unless otherwise stipulated, the warranty period for our equipment is twelve months from the date of delivery. During the warranty period, parts recognized as defective by our Technical Department will be replaced or repaired free of charge. Only the return costs to our workshops or the technician’s travel costs will remain the responsibility of the purchaser.

The warranty does not apply in the following cases: replacement of wear parts, breakage, alterations due to use, breakdowns originating from external causes (shocks, overvoltage, condensation, frost, flooding, overheating, transport, other than normal use, etc.). In all cases, the warranty is limited to the replacement or repair of defective parts. They cannot in any case give rise to damages.

ART 9 – DISCLAIMER OF LIABILITY

By express agreement between the parties, the company MULTISTATION SAS is subject hereto to an obligation of means. Under no circumstances can MULTISTATION SAS be liable for direct or indirect and/or material and immaterial damage, and in general, without this list being exhaustive, MULTISTATION SAS cannot be held to compensate the customer:

  • Financial or commercial loss such as, in particular, operating loss, loss of profit, loss of order, commercial loss of any kind, loss of enjoyment loss of raw material
  • Damage resulting from the immobilization of company personnel
  • Damage resulting from the use of temporary staff or subcontracting companies

MULTISTATION SAS will only be required to restore the equipment to normal working order at its expense. In any event, MULTISTATION SAS cannot be held liable for more than the cost of its service, after deducting the value of the equipment installed.

MULTISTATION SAS cannot be held liable for the non-conformity or inadequacy of equipment that it has not provided and whose malfunction could jeopardize the operation of the installation carried out by MULTISTATION SAS; The responsibility of the company MULTISTATION SAS is strictly limited to the intervention object.

Similarly, MULTISTATION SAS cannot be held liable for a lack of performance of the installation or of adequacy of the solution to the needs of the customer, which is at the sole discretion of the latter.

The customer acknowledges having been fully informed and advised by the company MULTISTATION SAS both on the choice, on the conditions of use and the performance of the solution or the equipment chosen. He undertakes to take out all the insurance made necessary by the use of the installed equipment or the solution.

ART 10 – CONFIDENTIALITY CLAUSE

Each of the parties undertakes to keep secret all the information that the implementation and execution of this contract will have allowed them to obtain on its partner and its activity. The customer must not in any way bring to the attention of anyone, natural or legal person with whom he is directly or indirectly linked, the lessons he may have learned from the execution of this contract and the know-how of the company. MULTISTATION SAS.

This clause is also extended to the documentation or any document of any nature whatsoever which has been given to the customer within the framework of this contract. This obligation is extended to the proposal established by the company MULTISTATION SAS which remains its property. It may not under any circumstances be distributed or integrated into any document without its authorization.

This clause must be considered as an essential and determining provision of the contract.

ART 11 – RETENTION OF OWNERSHIP

Pursuant to art L – 621 122 and following of the Commercial Code, the signatory acknowledges having been aware of the retention of title clause at the latest before delivery. The transfer to the customer of ownership of the products sold is suspended upon full payment of the price; Does not constitute payment within the meaning of this clause, the remittance of a draft or any other title creating an obligation to pay. The risks are borne by the customer upon delivery of the product sold under retention of title. He must ensure at his own expense, risk and peril, the conservation, maintenance and use.

In the event of non-payment or partial payment, MULTISTATION SAS remains the owner of the equipment and may dispose of it as it sees fit. Multistation SAs may repossess the delivered products. This repossession is not exclusive of other legal proceedings that MULTISTATION may exercise.

ART 12 – SUSPENSION CLAUSE AND TERMINATION CLAUSE OF FULL RIGHT

In the event of non-payment on its due date of any sum owed by the customer, even as a deposit, the company MULTISTATION SAS may, 15 days after a formal notice recalling this clause, which has remained without effect, suspend the execution of the services provided without prejudice to any other action and take back the unpaid goods wherever they may be. In the event of non-payment of the price or non-compliance with one of the essential clauses of any MULTISTATION SAS contract, the contract may be terminated automatically, if MULTISTATION SAS sees fit 15 days after a formal notice recalling this clause which has remained without effect, and without any other formality.

In the event of suspension, interruption or postponement of the execution of the work by the customer for any reason whatsoever, the MULTISTATION SAS Company may, upon presentation of a statement of the expenses incurred, establish an invoice corresponding to the ‘advancement.

ART 13 – FORCE MAJor

Initially, cases of force majeure will suspend the obligations of this contract. If the case of force majeure lasts longer than three months, any contract will be terminated automatically.

Are considered as cases of force majeure in addition to those usually retained by the French courts: total or partial strikes, internal or external to the company, lockouts, bad weather, epidemics, blockage of means of transport or supply for any reason whether earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory change in forms of marketing, general collapse of the economy and deep recession greater than 2% and any other independent case the express will of the parties preventing the normal execution of the contract.

ART 14 – ENTIRE CONTRACTUAL PROVISIONS

These conditions express the entirety of the obligations of the parties.

The fact that one of the parties does not claim a breach of any of the obligations cannot be interpreted in the future as a waiver of the obligation in question.

ART 15 – NOT PARTIALLY VALID

If one or more contractual stipulations are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. , it being specified that the parties may, by mutual agreement, agree to replace the invalidated stipulation(s).

ART 16 – NON-SOLICITATION OF PERSONNEL

The customer agrees not to hire employees of the company MULTISTATION SAS without having obtained prior authorization in writing.

The staff of the company MULTISTATION SAS who could be made available to the customer, within the framework of the execution of this contract, will remain subject to the sole authority of the company MULTISTATION SAS which will continue to assume all the obligations incumbent upon it. as an employer.

The customer, for his part, will do what is necessary to ensure that his staff, when they are on the premises of the company MULTISTATION SAS, comply with the provisions applicable to external companies present in the said premises and in particular those relating to hygiene. and security.

ART 17 – PRESCRIPTION

All legal actions, with the exception of the action for payment, initiated by one of the parties against the other, both principally and incidentally, will be declared time-barred if they have not been incurred within a period of 1 year from the occurrence of the triggering event motivating such action.

The notion of generating event means the first protest, whatever the form, emanating from the client or its representatives relating to an incident. It does not matter whether the customer was able to determine the origin or cause of the incident or to have measured the consequences.

ART 18 – INFORMATION

The use of machine tools, automation solutions, software or industrial equipment in a company does not depend solely on the quality of the chosen solution. The usual procedures lead to rigor in the organization of work and the routing of the information necessary for the proper execution of the programs. During the start-up and staff handover period, the customer should keep the old system as much as possible.

The implementation of MULTISTATION SAS solutions necessarily induces, through their innovations, disruptions in the operation of the client’s business. Insofar as it is impossible to carry out tests in real situations, the implementation alone is likely to allow the detection of bugs or malfunctions. MULTISTATION SAS undertakes to remedy this, the customer declares to be aware of the inconveniences that may result from the implementation of these innovative processes. He must determine the dates of intervention at periods that are as favorable as possible to minimize the technical incidences that may result from the installation of this equipment.

It is agreed that the customer must bear all the consequences resulting from the installation of the equipment and in particular those resulting from normal start-up inconveniences.

The customer acknowledges having been informed very precisely both on the choice and on the conditions of use and the performance of the chosen solution and that thus the company MULTISTATION SAS has fully satisfied its obligation to inform and advise.

ART 19 – JURISDICTION CLAUSE AND APPLICABLE LAW

By express agreement between the parties, and by way of derogation from any European or international agreement, any dispute of any nature whatsoever and in general any dispute relating directly or indirectly to the interpretation, execution, validity, cancellation or termination of this contract will be within the exclusive jurisdiction of the Commercial Court of Saint Malo, which has sole jurisdiction, even in the event of summary proceedings, incidental request for warranty claim, multiple parties, notwithstanding, on the one hand, any clause to the contrary stipulated for the benefit of another jurisdiction and, on the other hand, the procedure for recovery or judicial liquidation which one of the parties could be subject to.

By mutual agreement between the parties, this agreement is subject to French law.

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