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ACCEPTANCE AND ENFORCEABILITY OF THE GTC
E SPACE is a registered trademark of the company ESPACE VERTICAL;
These General Conditions of Sale (CTC) apply automatically to all sales concluded by the company ESPACE VERTICAL to any buyer regardless of the clauses that may appear on the documents issued by this buyer and in particular its own general conditions of purchase.
The fact that the company ESPACE VERTICAL does not take advantage, at a given moment, of any of the provisions of the General Conditions of Sale cannot in any way be interpreted as a waiver on its part to take advantage of them subsequently, in particular the fact of do not claim late payment.
OFFERS - QUOTES - CATALOGS
Quotes and offers made by the company ESPACE VERTICAL to a buyer are valid for two months from their issueto the contrary.
ORDERS
Any order from the buyer may be subject, where appropriate, to a firm acknowledgment of receipt as acceptance by the company ESPACE VERTICAL. In this case, the firm acknoledgement of receipt indicates the terms of the sale. In the event of total or partial refusal of the order, the company ESPACE VERTICAL will notify its customer as soon as possible within a maximum of five working days from the reception of the order. Failing that, the contract is definitively concluded.
In the event of a dispute by the buyer with the initial terms and conditions within 3 days, the terms of the “ORDERS” paragraph will be applied.
Any cancellation must be subject to prior written agreement from the company ESPACE VERTICAL. In all cases, the sale price remains due in full.
Any request for modification must be subject to written agreement from the buyer.
DELIVERY – RISKS
Delivery rates are valid only for mainland France. Delivery times for the goods are given for information purposes only. The buyer cannot rely on them to claim cancellation of the order, penalties or compensation, and/or refusal to pay the price or charges or advance payments provided for in the order.
The delivery date is the date the goods are made available at our premises, or on site, as specified on acceptance of the order.
The goods travel at the risk of the customer, the latter is required to take all measures to guarantee theft or loss from the moment of leaving the premises of the company ESPACE VERTICAL.
In addition, without prejudice to the arrangements to be made with the carrier, any dispute about apparent defects from the buyer or its service provider must be made at the latest within two days of receipt of the goods. In the absence of a complaint confirmed by registered letter with acknowledgment of receipt within this period, no complaint for apparent defects will be accepted by the company ESPACE VERTICAL.
GUARANTEE
The company ESPACE VERTICAL guarantees the equipment against any operating defect resulting from material or manufacturing defect, for one year from the final conclusion of the sale.
This warranty exclusively includes the exchange of equipment or parts recognized as faulty.
When a replacement is provided by ESPACE VERTICAL under warranty, its own warranty period is limited to the date specified for the original equipment. Parts given as replacement under this warranty do not extend the initial warranty.
However, the warranty will not apply in the following cases:
- Negligence in the storage of material;
- Installation and/or maintenance not in accordance with the rules of the art and/or installation instructions, use or maintenance instructions and more generally any installation carried out by an unauthorized person;
- Malfunction resulting from the addition of parts or devices not from ESPACE VERTICAL;
- Repairs or modifications carried out on the equipment without the prior written consent of the company ESPACE VERTICAL.
- Modifications to the equipment making them non-compliant with technical specifications.
- Deterioration of equipment resulting directly or indirectly from accidents of all kinds, shock, overvoltage, lightning, flooding, fire and in general any causes other than resulting from normal use or any other force majeure event.
PRICES
The products are supplied at the price in effect at the time of the order. Prices are given from ESPACE VERTICAL premises. Depending on buyer country or region, additionnal local taxes or duties may applied. The price does not include packing or shipment cost.
No discount is accepted for early payment, unless otherwise indicated on the invoice.
PAYMENT
All our invoices are payable to our head office, according to the payment conditions specified on the corresponding order confirmation, emanating from our services.
Any sum not paid on its due date and after prior notice sent by registered letter allowing a final period of eight (8) days to proceed with its payment, which remains unsuccessful, will automatically produce late payment interest at the monthly rate following the 3-month EURIBOR increased by six points. This interest will be due until the day the amount due is paid in full.
In addition, by express agreement, all recovery costs incurred by the company ESPACE VERTICAL will be borne by the buyer.
Where applicable, any partial payment of the invoice will be deducted first and automatically from the non-privileged part of our debt.
RESERVATION OF PROPERTY
Ownership of the goods supplied by the ESPACE VERTICAL company will only be transferred to the buyer when the entire invoiced amount has been collected. The deposits received will remain definitively acquired by the company ESPACE VERTICAL as lump sum compensation, without prejudice to any other actions that the company ESPACE VERTICAL would be entitled to exercise.
SETTLEMENT OF DISPUTES
Any dispute relating to a sale covered by the General Terms and Conditions will be subject to the exclusive jurisdiction of the Tribunal de Commerce de Grenoble (France).
All clauses appearing in these General Terms and Conditions as well as all sales operations referred to therein are subject to French law.