TERMS OF SALES

Rule # 1: General principles

These Terms and Conditions are intended to govern all sales of products made by ERIMAC in mainland France and Corsica to persons acting in the course of their professional activity. For sales outside of the abovementioned territory, the general conditions of sale "Export" will apply.
Any order placed to ERIMAC necessarily implies as an essential and determining condition, the unconditional acceptance by the Customer of the conditions prevailing on the date of the order concerned. At the same, the Customer expressly waives all of his conditions of purchase or any other commercial document, unless prior express acceptance thereof by ERIMAC.
Moreover, the Customer states recognize that acceptance of application will lead them to the command to which they relate as well as any subsequent order, except for cases where new conditions are brought to its attention. The fact that ERIMAC does not prevail at a given time of any of the terms shall be construed as a waiver to avail themselves for the future or the past.

Governing Law and Jurisdiction: the interpretation and enforcement of conditions as well as all acts that will be the consequence will be subject to French law. Any dispute as to its validity, interpretation or execution shall be subject to the exclusive jurisdiction of the Commercial Court of Lille.

Rule # 2: Products

The products offered for sale are those in the ERIMAC catalog (paper, electronic), provided that ERIMAC reserves the right to modify at any time the range of the products.
Product offerings proposed by ERIMAC shall be subject to the availability of these.
Furthermore, it is understood that the features, dimensions, weights, pictures, graphic representations described in the catalog are only indicative value. ERIMAC reserves the right to replace the product specified in the command even after receipt of the latter without the essential characteristics of the product concerned are not affected.

According to Article 18 of Decree 2005-829 relating to the composition of electrical and electronic equipment and the disposal of waste from this equipment, obligations related to the organization and funding of the removal and processing these wastes are transferred to the Customer, unless expressly agreed or regulatory provision. To this end, the Client ensures the collection of the purchased equipment, its treatment and its valuation, in accordance with Article 21 of the Decree.

Rule # 3: Delivery

Delivery times are specified in the catalog or at the time of order and are indicative, non-compliance may in no case be held liable ERIMAC.

The starting point of delivery is the date of receipt of the official order and payment thereof, which shall not exceed 10 days after the confirmation of the order. Any delay pushes all our deadlines whatever commitments ERIMAC.

ERIMAC cleared of right from any commitment relating to periods, in case of necessity or stakeholder events in ERIMAC or its suppliers, such as: lockouts, strikes, epidemics, requisition, war, embargo, lack of authorization , fire, flood, machinery accident, disposal of major parts during manufacture, interruption or delay in transport or supply of raw materials, energy or components, or any other event beyond the control of ERIMAC.

In the above case, the customer may request cancellation of the order if he does not wish to support the suspension of supplies in progress, subject to prior notification to ERIMAC by registered letter with acknowledgment of receipt.
This possibility of cancellation is excluded for custom products.
ERIMAC is authorized to make deliveries globally or partially. In any event, delivery on time can happen only on condition that the Customer has fulfilled all its obligations in respect of ERIMAC.
In the case of a special order, a delivery delay can not lead to cancellation of order.

Rule # 4: Risk Transfer

Risk and responsibility of the products sold are transferred to the Customer as soon as the management thereof by carriers from the ERIMAC stores or factories of suppliers it, even when delivered. The products are only insured at the express instruction and at Customer's expense and are delivered at the place indicated by the Customer in the order accepted by ERIMAC and exclusively at ground level, except express agreement ERIMAC.
When receiving the products, it is the Customer's check, in the presence of the carrier, the condition of the delivered products.
In case of loss or damage upon receipt, the Customer will have to issue any reservations under Article L133-3 of the Commercial Code.

No claim can be accepted after the driver if it is not stated on the delivery note.

Rule # 5: Compliance delivery

Notwithstanding other provisions of these Terms, the conformity of the product delivery shall be deemed accepted:
• reserves unless written client ERIMAC accompanied by the justification of non-compliance within 72 hours of delivery.

Rule # 6: Price and payment terms

Unless otherwise agreed, the ERIMAC prices are those in effect at the date of order.

They may be subject to a review clause.

ERIMAC also reserves the right to deduct administrative fees in connection with any customer demand resulting in a change of its normal administrative procedures.

The applicable VAT rate is that prevailing on the date of billing.

Payment of the order is carried out in two words:

35% deposit when ordering.

65% to the shipment.

The settlement date of the deposit is the starting point of delivery.

The regulation can be made by credit card, bank transfer, check.

• Regulations will be issued by check payable to ERIMAC and sent to:

ERIMAC

Accounting department

49 rue Pasteur

59830 CYSOING

• Payments by SEPA credit transfers:

Account number / IBAN:

FR76 3007 6029 4620 6651 0020 060

SWIFT / BIC: NORDFRPP

The ERIMAC invoice numbers must always accompany the regulations.

Any default or late payment will result in the immediate payment of the amounts due and late penalties equivalent to three times the legal rate of interest in effect on the due date of payment of the invoice.
Moreover, a fixed indemnity, fixed at 15% of the amounts due will be paid by the Customer as a penalty, without prejudice to the statutory compensation for late payment.
Penalties for late payment, legal and contractual, will be automatically and legally acquired ERIMAC without any formalities or prior notice and without prejudice to any other action than ERIMAC would be entitled to bring against the Client.
In case of non compliance with payment conditions above ERIMAC reserves the right to proceed with the cancellation of the sale, to condition any acceptance of new orders of the Customer, to make due immediately all payments to intervene the Customer or suspend performance of its obligations.
In no case payments due to ERIMAC may be suspended or be subject to any reduction or compensation without written agreement of the latter.
ERIMAC reserves the right to condition any acceptance of new orders of the Customer to the fact that it is up to date of these payments.

Rule # 7: Reservation

Unless express prior written decision from ERIMAC notified to the Client prior to delivery of each order, ERIMAC, retain full ownership of the goods delivered until full payment of the corresponding prices and accessories as well as to perfect execution by the Customer of its obligations in respect of ERIMAC. Until then delivered products will be considered documented and the Customer bear all the risks associated with damages that the products might suffer or cause for any reason whatsoever.
Furthermore the products can not be resold without the prior written consent of ERIMAC. Notwithstanding anything to the contrary, in case of non-compliance by the Customer with a payment deadline, ERIMAC, without prejudice to any other rights, may obtain, as of right and notification to the Customer by registered letter with acknowledgment of receipt, the return of the products concerned at Customer's expense.

Rule 8: Warranty

According to the regulations, any sale of goods is subject to legal safeguards and more specifically to the guarantee against hidden defects as defined in Article 1641 of the Civil Code. In addition to these guarantees, ERIMAC agrees to grant to the Customer of a conventional warranty for a minimum of 1 year against defects in operation as of the date of delivery of the product for products delivered without benefits.
The conventional warranty covers the choice of ERIMAC, repair the product concerned (parts and labor included) given the failure found by the technical service ERIMAC or replace the product with a product with features at least equivalent. Unless specific agreement ERIMAC, packaging and transport costs as the return and the return of the product are the responsibility of the Customer.

The costs of transport and accommodation of staff ERIMAC for an intervention under guarantee on client site fall outside the scope of the conventional warranty fields.

The benefit of the conventional warranty is subject to:
• the receipt by ERIMAC a letter sent by registered letter with return receipt notifying the defect;
• the return of the product concerned, accompanied by the corresponding invoice;
• the conclusion of ERIMAC invoked by default.

The conventional guarantee is excluded in the following cases:
• abnormal or incorrect use of the product with regard to its own specifications or customer negligence in the storage / maintenance of the product,
• normal wear and tear,
• processing of the product or incompatibility with other materials.

The implementation of the guarantee can not have the effect extend or to extend the period.

Rule # 9: Responsibility

Unless mandatory legal provisions contrary:
• responsibility for ERIMAC not be engaged on proven and exclusive fault in causing the damage;
• ERIMAC will in no circumstances be held liable to the customer for any indirect damage such as trading or disorder, loss of goodwill, loss of profit, loss of brand image or loss of data;
• in any event, the responsibility of ERIMAC towards the Client shall not be sought beyond six months following the occurrence of the event giving rise to it and exceed the total net amount paid by the Customer under ERIMAC command which generated responsibility.

Rule # 10: law of Data Protection

Under the orders, ERIMAC is called upon to collect personal data. This data is processed and stored under conditions designed to ensure their safety. Some of these data are necessary to process requests or orders from customers.
According to the Law of data protection of January 6, 1978, the Customer has a right to access, correct and delete personal data.
The Customer is therefore likely to receive promotional offers ERIMAC. If he does not want, he will oppose it, either by writing to ERIMAC - 49 rue Pasteur 59830 CYSOING or erimac@erimac.com or when these offers are sent by email, at the time collection or by clicking the unsubscribe link contained therein. This information will not be disclosed to third parties only if the customer has expressly given prior consent.