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expeditions guaranteed sale conditions
I - PRICE
Our price are established on the basis of the costs in force at the taken order, and on the rates of conversion of the put mottos in game, they follow therefore the evolution of the market. They are established for COMPONENTS OR ELECTRONIC BODIES put to disposal at the start of the stores of situated ECI to the seat of the corporation.

The transportation is dependent upon the customer, safe opposite specification mentioned on order confirmation emitted by ECI. The responsibility of the damages falling to the transportation comes back to the customer, even if the transportation is offered by ECI to commercial title. By way of service offer to the customer, ECI organizes the transportation but not some is responsible. The customer is free to choose his own carrier.

In case of sinister due to the transportation, the customer must emit the legal reserves and carry out his recourse with the carrier. The customer must verify his merchandise to the reception and mention on the delivery voucher the reserves and precise damages. The mention "under outpouring reserve" has no legal or commercial value.

The customer must send under 48 hours after the reception a recommended mail to the carrier with the exact list of the damages and a copy of the allowing bill to testify the assessment of the damages.

ECI will be able to intervene to help the customer, but in no case will be held for person in charge of the reimbursement of the damages, even partially.

II - ORDER
To be considered as farms and final, the orders must have been the object of an order voucher on paper, and of a confirmation of order signed by the customer. A copy of the present is joined to order confirmation emitted by ECI of which the signature by the customer is worth orders firm and acceptance of the general conditions of sale. It in results for the corporation ECI the obligation to deliver the sold merchandise and for the buyer of some to take delivery.

The customer accepts the general conditions of sale dice during where it passes his order.
If for case of major force, chance circumstances, non-delivery by the supplier or by the fact of a third, ECI could not execute the order, induced termination for her the obligation to return the carried out payments without interests or compensation.

As for the BUYER, safe case of major force (case imprévisible and irresistible) it cannot refuse to accept the delivery, all complaints being to be formulated as well as it is foreseen by the present. In the absence of to accept the delivery, ECI will be able is to follow the forced execution of the delivery after notice done to accept the delivery, is to follow the judicial resolution of the sale and to claim all damages and interests, is to preserve the are poured by way of penal clause.

If at the order, the buyer and the salesman are suited possibility of change of model, this change must intervene within a period of EIGHT days and the new model must be of a value at least equals to the preceding one, the difference between the two prices will have to be the object of a payment to the in cash.

III - PAYMENTS A ORDERS IT
Let's are poured them by the customer constitute a DOWN PAYMENT on the suited price. This down payment constitutes an advance on the total price. Or the buyer, or ECI cannot renounce to execute his obligation of purchase or his sale obligation.
Versed down payments come in deduction of the are had by the customer at the time of the property transfer.

IV - PAYMENT
The regulations will have to be carried out in pro formed, the date back to delivery or according to the stipulated conditions on order confirmation. For all carried out regulation after the date back to figuring maturity date on the confirmation of order or bills, a penalty will be had, calculated while applying an equal rate to 1.5 times the rate of the legal interest.

ECI does not grant any discount for early payment. In the partial case of a delivery asked by the customer, the buyer will have, in already known versed down payment, carry out the regulation of the effectively delivered merchandise and not in any case will be able to put back this regulation to the date back to delivery of the balance of the order.

No regulation of mensualité will be able to be differed under the pretence of a dispute any between the buyer and the salesman. The non-payment of a mensualité returns the remaining due immediately payable entirety.

V - PENAL CLAUSES
For every unpaid maturity date, expenses of manipulation and of complaint rising to 10€by letter of restarts, will be dependent upon the customer.
If the file would become contentious, the debt completes would be increased by 25%, besides the expenses of manipulation and the interests to the legal rate in force, as well as the eventual lawful expenses.

VI - DELIVERY
The date back to delivery that we always strive to respect, are not given, nevertheless, that for information only, and it is well evident that a delay in the delivery cannot constitute a clause of termination of the presents orders, or to open straight to damages and interests.
Nevertheless, the buyer will be able to ask the cancellation of the order and the restitution without other interests that those foreseen by the law, of the are poured, if the merchandise is not delivered in the ninety days of a formally notify remained without effect, being heard that this formally notify will be able to be done only after the date back to foreseen delivery for information only.
This cancellation will not be able to intervene in the foreseen cases hereafter:
  • Non-observation of the conditions of payment by the buyer;
  • The buyer did not give in useful times the necessary pieces of information for the execution of the order.
  • Untimely stop of the manufactures, strikes, accidents, fires, cataclysm, attempt, civil or foreign wars, or any other case of major force, as well as all these clauses signaled by the Corporation ECI.
VII - COMPLAINTS
The buyer is held to verify the merchandise at the delivery and must mention on the delivery voucher the reserves that it hears to do on the subject of the state of the received merchandise (accordance of the delivered references with those that were ordered, manufacture defect, damages transportation, etc...).
See for the transportation the paragraph 1 above.

VIII - GUARANTEED OF THE ELECTRONIC COMPONENTS
The guarantee of ECI is limited to 60 days as of day of the delivery: she can play only if the components were used in normal conditions. ECI declines his responsibility if the electronic products would be subjected to the influence of a heating excessive by the ground or by humidity and must be subjected to temperatures on the order of -25° and of 55°.

If she would be engaged, ECI will load itself, to his convenience, is to put in state the defective recognized pieces, is to exchange the COMPONENT with another item of equivalent characteristics and of a value equals to the one of the defective merchandise.
The amount of this responsibility do not can in any way to surpass the mercenary value of the concerned COMPONENT the day of the incident.
In addition, the guarantee does not cover the expenses of transportation of the furnishing, round-trip ticket.

IX - DEFECTS OR VICES HIDE
Notwithstanding all opposite clauses, in case of defect or hidden vices, the legal guarantees will take advantage to the buyer.

X - RESERVES PROPERTY
ECI reserves itself the property of the delivered merchandise until the complete payment of the price. In this respect, does not constitute any payments to the direction of the presents disposal put back it treaties or of any other title creating an obligation to pay.
Nevertheless, the risks are transferred as early as the delivery to the customer to a place or to a maritime previously consented harbor with the customer.

If the payment would not intervene in the delay foreseen by the parties, the non-payment of the price to the maturity date can constitute a cause of resolution of the contract.
The merchandise marketed by held ECI in stock by the buyer will be renowned to be the one unpaid. Well heard, the following clause is worth equally in case of turnaround or judicial liquidation of the buyer.

XI - WAREHOUSING
If, after the placement at the disposal of the merchandise, the date back to delivery was pushed back by the buyer, the merchandise will be considered as book to the date back to placement to disposal. The invoice will be done to this date.
After formally notify to have to take possession of the COMPONENTS, the Corporation ECI will be then in right:
  • 1. is to bill to the customer the cost of the storage in the local ones of the Corporation ECI;
  • 2. is to warn the merchandise furnish to the expenses and risk the buyer.

XII - RETURNS
No merchandise can be sent back without our previous consent and our instructions.

XIII - CLAUSE ATTRIBUTIVE OF JURISDICTION
Any likely dispute to rise to the occasion of the interpretation or execution of the presents orders or bills will be exclusive competence of the Court of commerce of CRETEIL (94), and this, even in the matter of referred and even in case of plurality of defenders, of calls guaranteed some, and defendant(s) if abroad.
The present item is not nevertheless applicable with regard to the buyer non-merchant, or in case of procedure of injunction to pay, the applicable rules of competence being the one of the common right.


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