Ref : CGV16032017
Article 1. Preamble and purpose
- These general terms and conditions prevail over all the general terms and conditions of purchase used by the customer and are intended to define the conditions under which the customer orders MAGNETA products and services. Purchase orders accepted by MAGNETA prevail over these terms and conditions.
Article 2. Entry into force
- The present general conditions come into effect as from the acceptance by MAGNETA of the purchase order validated by the customer. They remain in effect as long as an operation that has given rise to a purchase order is in progress, for the duration and until the end stipulated in the purchase order. It is expressly agreed between the parties that any order form sent by the customer to MAGNETA or accepted by the customer by any other means, including by email, will only be considered accepted by MAGNETA, only after express written confirmation on his part. The lack of response from MAGNETA is not worth accepting a purchase order.
Prior to the transmission of the purchase order validated by the customer and its acceptance by MAGNETA, each of the parties declares having, on the one hand, made known to the other all the necessary and decisive information of its consent, and on the other hand, disposed of all the information to that effect, including those which it considers were owed to it by the other party.
Article 3. Personal data
- Each of the parties is responsible for the formalities incumbent on it under the regulations on the protection of personal data, in particular the amended law no. 78-17 of 6 January 1978 relating to data, files and data. freedoms. In application of the Data Protection Act of January 6, 1978, natural persons whose names are used by each party may be the subject of a right of questioning, access, modification and correction to each party concerned, at the address of their respective head office, in the absence of specific details appearing on the documents for the collection of personal data.
Article 4. Delivery and installation transport
- The terms of delivery and installation are specified if necessary in the order forms. Pursuant to Article L.133-3 of the French Commercial Code, in case of damage, theft or missing during the shipment, the customer is required to make any specific and justified reservations on the title or transport document and confirm these reservations to the carrier by registered letter with acknowledgment of receipt within three (3) days (Sunday and holidays excluded) from the date of delivery. The customer undertakes to simultaneously communicate to MAGNETA the copy of said reserve letter.
- Whatever the mode of transport, the products are transported and travel at the risk and peril of the buyer. Possible delays do not allow the cancellation of the sale, the revocation of the order, the refusal to receive the products and do not give rise to the application of penalties or damages for the benefit of the customer.
Article 5. Obligations of the client
The customer will have to transmit to MAGNETA the necessary information for the supply of the products and services and to equip himself with the technical prerequisites necessary to the use of the products and services. In any case, the implementation of the products or services by the customer is carried out under its only controls, directions and responsibilities. As such, it is up to the customer to verify in accordance with the practices of his profession, the results obtained with the help of products and in particular services, in a dedicated environment for this purpose, excluding a production environment. or actual and perform proper testing of products and services prior to use in such an environment.
Article 6. Conformity
The conformity of the services delivered for MAGNETA is pronounced automatically in the absence of a reserve notified by the customer within a delay of eight (8) days as from the delivery of the product or of (15) days as regards the supply of the service. The use by the customer of the products or services concerned for real work takes their recipe without reserve by the customer. It is the responsibility of the customer who uses a PTI-DATI device to check that it is working properly each time it is put into service and during each period of work in a lone worker situation.
The delay in carrying out the periodic visits provided for in the contract does not in any way allow the claim for reimbursement or compensation of the part or the amount of the contract. In return MAGNETA agrees to perform outside the period concerned, or the visits not made, provided that the claim is received at least 1 month before the expiry date of the contract.
Article 7. Contractual guarantees on products
- Unless otherwise stipulated in the order forms, the products of the Civil Code.Where applicable, a contractual warranty may be extended to 3 years from the date of shipment. The guarantee means part and labor, return to the workshop. Travel or shipping costs will be bound by the customer. The warranty does not apply to accessories and consumables, including batteries, and it also depends on the conditions of third-party manufacturers.
- This warranty will not apply in case of accident, misuse, breakage or vandalism of the user, if the power supply has been suffered or the power supply has been adversely affected. Also excluded are the effects of lightning, its side effects as well as flooding or exposure to water. It is therefore up to the buyer to take out insurance cover these risks.
This warranty is limited to the exchange of parts as defective by MAGNETA. MAGNETA and its staff may only be required during work hours and from Monday to Friday except holidays and vacation periods. The seller will have access to the devices to ensure that it is safe and secure. Any intervention performed outside the work schedule of the seller would have to be included in the current rate.
Article 8. Telephone Support and Technical Support
- Unless otherwise stated, the products or services are not subject to maintenance or support services.
A hotline for help with the use or troubleshooting and technical information of customers, may be made available to customers subscribers, under the conditions provided by the purchase orders.
Outside this framework, MAGNETA reserves the right to offer one-time and limited access to 3 requests per year and per legal and geographical entity (SIRET number). Requests are limited to 15 minutes of telephone communication and / or remote connection. The requests addressed to MAGNETA are obligatorily formulated through the “technical support request form” available online from the website www.magneta.fr, “contact us” section. The response time depends on the load of the technical service, the type of equipment and the nature of the request. It can exceed 24 hours. The technical department receives and processes technical support requests from Monday to Friday from 9am to 12pm and from 2pm to 5pm, excluding public holidays and annual holidays.
Article 9. Price and invoicing
- Products and services are invoiced on the basis of the tariff in force on the day of their order. Prices include packaging, transport, insurance and commissioning fees, all duties and taxes are the responsibility of the customer. Unless stipulated otherwise, invoices are payable with a deposit of 30% on the order and the balance by check upon receipt of invoice, subject to acceptance by the credit insurer MAGNETA. No discount will be granted for early payment. Any order less than 250 euros net, excluding taxes, is payable in advance.
In any event, the non-payment of an invoice on its due date authorizes MAGNETA to suspend any new delivery, service, and / or intervention as well as the after-sales service. The customer is prohibited from taking a complaint against MAGNETA to postpone payment of a payment in whole or in part. No complaint concerning an invoice will be accepted fifteen (15) days after their sending.
Article 10. Interest on late payment and recovery indemnity
- In default of payment and pursuant to Article L.441-6 of the French Commercial Code, interest on late payment will be applied calculated on the basis of the interest rate of the European Central Bank applied to its refinancing operation. the most recent, plus 10 percentage points. It is proposed to retain the ECB rate plus the rate assessments. In case of payment of an invoice after the payment deadline and in application of Article D.441-5 of the Commercial Code, the amount of the fixed compensation for recovery costs is fixed at 40 euros.
Article 11. Service and support
- In the case of after-sales service, only products covered by a service agreement with MAGNETA can be supported. The intervention of MAGNETA under the assumption of responsibility of a product within the framework of the service-after-sale will be subject to a minimum flat-rate billing of 92 euros, excluding taxes, except taken care of a guarantee, including the costs of forwarding.
An estimate must be submitted to the client’s agreement, which must be returned in writing, with the signature of the authorized person and the commercial stamp.
In case of refusal of quotation or non response by the customer within two (2) months, the material will remain available to the customer in store and will be returned against the payment of a flat-rate invoice of 92 euros, excluding taxes, for technical and administrative costs. After 12 months the material will be considered abandoned and it will be destroyed.
Products may not be returned or exchanged or refunded without the prior written consent of MAGNETA.
Unauthorized returns can not in any way delay the payment of invoices on the agreed due date.
The published assets can not give rise to any refund of the sums which would have been cashed and the down payments are not refundable in case of cancellation of the order.
Article 12. Liability
- By mutual agreement, the parties expressly agree that MAGNETA can only be held liable by the customer in case of proven fault.
MAGNETA is not liable for damages of any kind (bodily, material, intangible) that could result directly or indirectly from a malfunction or failure of the products or services. By mutual agreement, the parties agree that MAGNETA’s liability is incurred only for the consequences of direct and foreseeable damage and that compensation for consequential damages is excluded. The following are considered as indirect damages: loss of data, time, profits, turnover, margins, loss of orders, customers, exploitation, income, commercial actions or damage to the image, the expected results and the action of third parties, even if MAGNETA was duly informed of the risk of such damages occurring.
MAGNETA’s liability for a service is, by mutual agreement, limited to the sums actually paid by the customer in respect of the service in which the fact causing the damage was committed.
This clause remains applicable in case of nullity, resolution or termination of this contract.
The customer undertakes to take out an insurance policy covering all the risks related to any damage caused by MAGNETA products or services and to obtain from the insurer waiver of recourse against MAGNETA.
Article 13. Retention of title
- MAGNETA REMAINS OWNER OF THE BODILY OR INTANGIBLE GOODS PROVIDED UNTIL COMPLETED PAYMENT OF THE PRICE OF THE ENTIRE SELLING PRICE, THE RISKS ALSO INCLUDING TO THE CUSTOMER, THE CONCLUSION OF THE CONTRACT OR THE ACCEPTANCE OF A GOOD ORDER BY THOSE THIS. DOES NOT CONSTITUTE PAYMENTS, THE DELIVERY OF TREATIES OR ANY SECURITIES CREATING AN OBLIGATION TO PAY. Consequently, in the event of non-payment, MAGNETA is entitled to make or have the property taken over by the exclusive responsibility of the owner. customer. In the event of resale, the customer agrees in advance to inform the third-party purchaser, at the conclusion of each resale, of this retention of title clause affecting the products it proposes to purchase and the right that MAGNETA reserves to claim either the products books or their price and this, in accordance with Articles L. 624-9 and following of the Commercial Code.
Article 14. Resolution-Termination
- In the event of serious breach by the customer of the obligations of the contract, such as to make it impossible or impossible to continue the execution of an order or service, not repaired within eight (8) days from the date of delivery. sending a registered letter with acknowledgment of receipt notifying the breach in question, MAGNETA may pronounce as of right the cancellation of the order of services object of the purchase order concerned. By express agreement, serious breaches can only concern commitments whose non-performance makes it impossible to continue the contractual relationship. In case of termination to the wrongs of the customer under the conditions provided herein the customer must return to MAGNETA all products that were delivered to him at first request of MAGNETA, the sums collected by MAGNETA remain permanently acquired as a clause criminal.
Article 15. Conciliation
- In the event of difficulties of execution and before any jurisdictional procedure, each of the parties undertakes to appoint two persons from its company, of “General Management” level. These persons shall meet at the initiative of the most diligent party within fifteen (15) working days of receipt of the conciliation meeting request letter. The agenda is set by the party initiating the conciliation. Decisions, if they are agreed upon, have contractual value.
Article 16. Competent jurisdiction
- ANY DISPUTE TO WHICH THE COURT SHOULD BE TRAINED, EXECUTED OR INTERPRETED IS BEFORE THE TRIBUNAL DE COMMERCE OF PARIS (FRANCE) AND FOR ANY DISPUTE RELATING EXCLUSIVELY TO A PROBLEM OF INTELLECTUAL PROPERTY BEFORE THE TRIBUNAL DE GRANDE INSTANCE OF PARIS (FRANCE) AND IN THE ABSENCE OF JURISDICTION OF THE LATTER BEFORE THE TRIBUNAL IN THE SPEECH OF WHICH IS THE CITY OF PARIS (FRANCE), EXCLUDING ANY OTHER JURISDICTION, NOTWITHSTANDING PLURALITY OF DEFENDERS, CALL IN WARRANTY, PROCEDURE EMERGENCY, CONSERVATORY, REFERENCE OR BY APPLICATION.