Éclairage général / General lighting - 2019

Orbitec Douilles et accessoires Lampholders and accessories 405 GENERAL TERMS OF SALE RIGHT OF OWNERSHIP Products supplied by orBItEc are sold with a clause explicitly subor- dinating the transfer of their property to the complete payment of the price (main price and additional costs), regardless of the acceptance of any bill of exchange. Until the price has been entirely paid, the purcha- ser must individually identify the products supplied by orBItEc. In the event of distraint or any intervention by a third party on the products, the purchaser must immediately inform orBItEc of this and protect orBItEc’s rights of ownership over the products. 1 - OFFER the offer is valid within the limits of the option deadline, which, unless stipulated otherwise, is one month from the date of submission of the offer. the information given on the documents, catalogues, manuals and price lists is given as an indication only, without any commitment, and cannot constitute a firm offer on the part of the Vendor : the Vendor may modify it at any moment without prior notice. 2 - ORDER orders can be sent by mail, e-mail, EDI or fax. When registered, any change or cancellation of an order requested by the purchaser may only be taken into consideration if it has been sent to us in writing before dispatch of the products, and only in the case if products are kept in permanent stock in the same quantities. We do not accept any change or cancellation in the case of goods not kept in stock, or not in our general catalogue. 3 - PRICES Prices are fixed according to the economic conditions of the day of the order and may be modified in accordance with variations in the manu- facturer’s prices. they may be revised at any moment in accordance with variations in the cost of their constituent parts, within the limits imposed by the relevant legislation. Prices quoted are ex-works and do not include VAt, other legal taxes and fixed delivery costs. 4 - DELIVERIES Delivery is made either by direct supply of the product to the purchaser or by transfer to a forwarding agent or transporter on orBItEc’s premi- ses. orBItEc reserves the right to make complete or partial deliveries. the delivery deadlines are given only for indicative information. failure to meet delivery deadlines may not lead to damages, deductions or can- cellation of the current order Under any circumstances, delivery may only be made within deadlines if the purchaser is up to date with his obligations to orBItEc. 5 - RISKS ASSOCIATED WITH DELIVERY Products are transported at the risk of the consignee, whose respon- sibility it is, in the event of damage or missing elements, to make all necessary reports and confirm his reservations by registered letter with acknowledgement of receipt, sent to the transporter within three days of receiving the goods. No liability can be attributed to orbitec in any case. 6 - RECEPTION claims concerning visible defects or non-conformity of the product sup- plied with the product ordered or with the delivery note must be made in writing within eight days of arrival of the products. It is up to the purchaser to provide full evidence of the genuine existence of the de- fects or anomalies reported. He must allow orBItEc every opportunity to inspect the goods and remedy the defects.the purchaser may not intervene himself or call upon a third party for this purpose. 7 - RETURN OF GOODS : PROCEDURE AND CONSEqUENCES Any return of goods must be covered by a formal agreement between orBItEc and the purchaser. Goods are always returned at the purcha- ser’s expense and at his own risk. the equipment must be returned in its original packaging and must not have been subjected to any modi- fication. Any return accepted by orBItEc shall lead to the issue of a credit note payable to the purchaser after qualitative and quantitative verification of the products returned. In the event of a visible defect or non-conformity of the products supplied, duly noted by orBItEc under the conditions stipulated in article 6 above, the purchaser may obtain free replacement or refunding of the products, as decided by orBItEc, to the exclusion of any compensation or damages. If the return for repair is not justified for reasons external to orbitec liability, the goods are ta- ken back at maximum 80% of their invoice value to cover administrative costs, return to stock, and logistic manipulation. 8 - GUARANTEE the equipment and goods supplied by the vendor are guaranteed wi- thin the limits of the guarantee accorded to us by the supplier or the manufacturer. Under this guarantee the only obligation on orBItEc is replacement or repair of the product recognised as being faulty by our technical divisions. Any faults and deterioration due to natural wear, to an external accident (incorrect assembly, incorrect maintenance) or to modification of the product not provided for or specified by orBItEc or the manufacturer, are excluded from the guarantee. similarly, the guarantee will not apply for visible defects, for which the purchaser must exercise his rights under the conditions defined in article 6 above. Exchange, repair or modification of a part during the guarantee period may not prolong this period. 9 - LIABILITY orBItEc’s liability on any grounds may not exceed a sum equal to twice the payments received in relation to the order, within the limit of 76 000 Euros (seventy-six thousand Euros).However, the limit stipulated in this paragraph does not include the costs incurred by orBItEc to repair or replace the products recognised as being faulty in accordance with the above guarantee. Under no circumstances will orBItEc be respon- sible for losses or indirect or immaterial damages, in particular loss of profit, loss of use or income, claims by third parties, etc. 10 - INVOICING Invoices include VAt at the rate stipulated by the tax regulations in force at the time of invoicing. Invoices for exports do not include VAt. Pro- ducts intended for export and delivered in france will be invoiced with suspension of VAt only after the vendor has received the necessary certi- ficates issued by the tax departments and supplied by the purchaser. 11 - TERMS OF PAYMENT Except under special conditions, the price of the products is payable in cash and without discount on the day of receipt of the invoice. If delayed payments have been granted, the invoice date is the starting point to determine the due maturity date. Payments must be made un- der the agreed terms and on the agreed dates. If the customer has not made the required payment on one of the stipulated dates, the rest of the price becomes payable immediately. In addition, orBItEc may suspend all current orders without prejudice to any other course of ac- tion. Any unpaid amount will lead by rights, and without prior notice, in accordance with article 1153 of the civil code, to payment of interest for late payment calculated at 5 times the legal credit rate, with a mi- nimum amount of 50 euros for each event. this interest is applied from the due date to the day of payment. this clause applying, the debt is still exactable. In the event of failure to pay, 48 hours after a formal de- mand, which has gone unanswered, the sale will be cancelled by rights if orBItEc sees fit, the products being returned without prejudice to all other damages and interest. 12 - JURISDICTION In case of dispute only the french law will be applicable and disputes of any kind or any disagreements regarding the drafting and fulfilment of this order fall under the jurisdiction of the Paris courts. These general terms of sale are systematically addressed or submitted to each purchaser to enable him to make an order.These terms take precedence over the purchaser’s general terms of purchase. The making of an order implies the purchaser’s complete and unreserved adherence to these general terms of sale,and no specific condition may,except in the case of formal written acceptance by ORBITEC, take precedence over these general terms of sale.