1 / Preamble
The general terms and conditions of sales are defined in Article L. 441-6 of the French Commercial Code.
The general conditions of sale of the equipment, or the provision of services, are communicated to customers at the time of any commercial proposal, as well as any special conditions granted to the customer. These conditions will prevail over the customer’s general terms and conditions of purchase. If changes are made, they must be the subject of a contract duly signed by both parties.
2 / Order confirmation
Any order from the customer will only become final after the return of the acknowledgement of receipt from the s.a.r.l. TECHNEXT duly signed by the client. The client therefore accepts the general terms and conditions of the s.a.r.l. TECHNEXT, the products, the services offered, the rates applied, as well as the delivery time, or delivery times, for an ex works, and the shipping costs. The sending by the client of a down payment cannot lead to the tacit acceptance of the sale by the s.a.r.l. TECHNEXT. The minimum order amount is 400.00 Euros excluding tax. Failing this, a flat-rate amount of 38.00 Euros excluding VAT will be invoiced in addition to the order, plus shipping costs.
3 / Payment
All invoices are payable to the registered office of s.a.r.l. TECHNEXT. Unless otherwise specified, duly mentioned in the special conditions. The terms of payment are as follows:
– or in cash,
– 30 days net from the invoice date.
– for any first order, a 50% deposit is required
The s.a.r.l. TECHNEXT does not grant, withhold or guarantee, no customer can claim a reason for withholding on invoices issued.
In the event of cancellation, modification, refusal or defect of follow-up, attributable to the customer of an order accepted by the s.a.r.l. TECHNEXT, a penalty of 30% of the amount of the order will be applied, for TECHNEXT manufacturing products, for other products, orders are not cancelable by the customer.
Failure to pay by the due date shall automatically entail interest at the interest rate applied by the European Central Bank, the most recent, plus 5 percentage points. Late payment penalties are payable without the need for a reminder of formal notice, as well as the payment of sums due for all pending orders, even if invoices have previously been created at subsequent due dates.
The s.a.r.l. TECHNEXT also has the right to interrupt all deliveries of ordered hardware or software, and all services until full payment has been received. In addition, any forced recovery costs will be borne by the customer. In the event of non-payment, after a formal notice by registered letter with acknowledgement of receipt having remained ineffective for eight days, the s.a.r.l. TECHNEXT, may, if it deems it appropriate, declare the automatic resolution of the sale at the client’s wrongs and report to the client to immediately take back all the goods delivered by the s.a.r.l. TECHNEXT (both hardware and software), to which the customer consents in advance. The customer may not assert any right of retention or set-off. Payments may not be deferred in the event of delays or inaccuracies in ancillary, simultaneous, previous or subsequent orders, in particular those relating to peripherals, accessories or services.
4 / Configuration
If the software service provider is the s.a.r.l. TECHNEXT, the latter cannot be held responsible for delays, inaccuracies or changes in the performance of the specifications which must be provided by the customer before the order and under his sole responsibility. In addition, the specifications will not give rise to any commitment to carry out the s.a.r.l. TECHNEXT. only if it has been submitted prior to the signature of the contract and has been expressly approved by the said client and by the s.a.r.l. TECHNEXT
5 / Price
The prices indicated on the reference prices of the s.a.r.l. TECHNEXT are exclusive of tax ex warehouse, they may change according to currency rates. Only the prices stipulated on the accepted acknowledgements of receipt of orders are of a contractual nature.
6 / Loan of equipment
No loan may be granted without the prior agreement of the Management and for an agreed and limited period. Any loan will be the subject of a loan contract accompanied by a guarantee cheque for the amount including VAT of the equipment lent. In the event of a delay in the return of the loan and in the event that the equipment is not returned in the condition in which it was lent, it will be invoiced without notice for the amount provided for at the time of the loan and the cheque cashed in full.
7 / Delivery
The s.a.r.l. TECHNEXT delivers the materials on site at the place indicated by the customer on the order form, in
normal conditions of access. For all deliveries to an unusual place, the customer shall take the necessary measures to
maintain personnel authorized to receive the equipment.
Failing this, subsequent deliveries, or to another location, are the responsibility of the customer. No return of material is accepted without the prior agreement of the s.a.r.l. TECHNEXT:
– Delivery time: the s.a.r.l. TECHNEXT, delivers the materials within 5 weeks to 8 weeks from the receipt of the acknowledgement of receipt signed and stamped by the customer, unless there is a delay due to the strike or causes beyond the control of the s.a.r.l. TECHNEXT.
Unless otherwise expressly stipulated in the special conditions, delays in delivery, whatever the cause, shall not give rise to the cancellation of the order and shall not generate damages to the
in charge of the s.a.r.l. TECHNEXT.
The client authorizes any signatory to sign the documents of receipt of the delivered products and expressly exempts the s.a.r.l. TECHNEXT to check the quality of this signatory as soon as he is an employee of the client.
– Shipments: whatever the shipping method, the materials travel at the customer’s expense, risk and peril. It is his responsibility to check the packages on arrival and for any damage noted to notify the carrier by registered letter with acknowledgement of receipt within 48 hours under penalty of foreclosure. The shipping costs in declared value are the responsibility of the customer and after written request of the latter.
8 / Transfer of risks and retention of title clause
Ownership of the equipment will only be definitively transferred to the customer on the date on which the latter has paid the full price including VAT with charges and transport. As a result, the s.a.r.l. TECHNEXT expressly reserves the right to assert its right of ownership of the equipment sold (law of 12 May 1980) and to take possession of it at any time in the event of non-payment, even partial. The client is personally liable to the s.a.r.l. TECHNEXT not to dispose by any means whatsoever, neither in full ownership, nor by pledge, lease or pledge of the equipment purchased before full payment.
However, although not yet owner until full payment of the price, the customer shall assume all risks whatsoever upon delivery as depositary and shall therefore remain liable for any damage that may occur to the goods and equipment, even by fortuitous event or force majeure. The client will guarantee this risk with a company known to be solvent and will justify the payment of premiums at the first request of the s.a.r.l. TECHNEXT.
9 / Intervention services
Before delivery, it is the responsibility of the customer, under his sole responsibility, to have the preparations for the installation of the equipment carried out by duly authorised and trained personnel at his own expense. The training provided by the s.a.r.l. TECHNEXT must have been carried out before the start of the work. These preparations must comply with the recommendations of the s.a.r.l. TECHNEXT, and to the relevant technical standards.
In the event that the site is not compliant, the s.a.r.l. TECHNEXT may refuse to perform the hardware configuration services. The s.a.r.l. TECHNEXT will notify the customer by registered letter with acknowledgement of receipt within eight days.
All interventions are carried out in the presence of the installing customer, the controls are recorded in a report signed by both parties.
The client authorizes any signatory to sign documents for intervention services and expressly exempts the s.a.r.l. TECHNEXT to verify the quality of this signatory, as soon as he is an employee, temporary worker or contractor of the client.
10 / Hardware and software characteristics
The s.a.r.l. TECHNEXT has no obligation other than to deliver hardware and software in accordance with the technical documentation provided to the customer. However, the s.a.r.l. TECHNEXT may make any substitution or modification to the specifications of the hardware and software ordered, provided that the operation of the whole is not substantially modified, but without having to modify the hardware or software previously delivered. The above-mentioned modifications shall in no case justify the cancellation of the order, nor give the client the right to demand from the s.a.r.l. TECHNEXT that it delivers to the place and place of the ordered materials, a material containing said modifications.
11 / Re-exporting
To the extent that the products marketed by the s.a.r.l. TECHNEXT may be subject in whole or in part to international regulations for the control of the final destination, these products may not be exported or re-exported in whole or in part without the prior obtaining of a licence or authorisation from the country or countries concerned, at the expense of the client without obligation for the s.a.r.l. TECHNEXT.
12 / Licence fee for the s.a.r.l.’s software TECHNEXT
The client does not acquire any ownership rights to the software listed in the s.a.r.l. catalogue. TECHNEXT, the associated supports and documentation delivered with the materials.
The s.a.r.l. TECHNEXT grants the customer a non-transferable right of use only on the material supports it delivers to him and which are identified in the delivery note or on the maintenance contract.
The license fees for the use of this software are the subject of a separate mandatory contract, signed by the customer in the hands of his representative upon delivery, before the equipment is put into working order.
13 / Warranty (See our Warranty Conditions)
Warranty: All our equipment is covered by the warranty under which the professional seller is required to repair all the consequences of hidden defects in the item sold. This guarantee does not cover normal wear and tear of the equipment, nor the adaptation of this equipment to the needs of the customer, who is responsible for drawing up the specifications and choosing the equipment, nor damage of any kind that could result from use that does not comply with the recommendations and prescriptions formulated by the s.a.r.l. TECHNEXT, the inexperience of the user or a material accident, malice or fraudulent intent of the customer or its employees or its own repairs.
Contractual guarantee: the s.a.r.l. TECHNEXT offers a contractual guarantee on new equipment. This guarantee applies, for a period of one year, from the date of delivery, to defective products returned to our workshops in their original packaging.
For each return of equipment, the customer must request a document of support.
These products will be accompanied by a RETURN SAV document specifying the nature of the defect, as well as a photocopy of the delivery note. Shipping and re-shipment costs and related risks remain the responsibility of the customer.
No return will be accepted in case of non-compliance with these formalities. The warranty does not cover consumables, peripheral equipment, mice, keyboards and only applies for normal use of the equipment and without any intervention from the customer outside our instructions.