Art. 1 - Application of general conditions of sale - opposabilities conditions of sale:These Conditions of Sale apply to all orders for products manufactured or marketed by our company.No special conditions may, unless formally agreed in writing by us, prevail against the Terms and Conditions. Any contrary condition by a customer will, in the absence of express acceptance on our part, ineffective against our society, regardless of when it could have been brought to our attention.
Art. 2 - Orders: Orders in excess of eight thousand Euros (€ 8000) are final only when confirmed in writing (or fax). Acceptance may also result from shipping the goods.If a control device is placed by a customer on behalf of a bank or financial institution as part of a leasing operation, this command can be accepted by MI Medical Innovation that if that bank said financial institution or ratifies and agrees to pay to MI ¬ MEDICAL Innovation equipment prices under the conditions described below.
Art. 3 - Price: The price charged and the corresponding taxes are current on the date of delivery.Prices are packed material, ex works. They are established based on economic and monetary conditions specified in the offer. They may be revised according to legal formulas.
Art. 4 - Delivery: Delivery times depend on order and are indicative only and unless otherwise any delay can not authorize the purchaser to cancel the sale, to refuse delivery of equipment, or to claim damages.MI Medical Innovation is released from the obligation to deliver and more generally of its obligations in all cases of force majeure, in fact or law, or partial strike, blackout, fire or flood, accident, riots, delay or interruption conveyances made by any third party including the purchaser or any other circumstances and external causes preventing it directly or through its suppliers to meet its obligation.
Art. 5 - Payment Terms:Corporations and Individuals: Orders are payable to the order or delivery in against-refunding. Bank checks, wire transfers and electronic payments are accepted, there is no discount given, For companies, the payment periods not exceeding 60 days end of month 10, may be granted under special conditions that will then stated on the invoice.Regardless of the conditions listed above may be considered different modes:- Buyer agrees to pay when signing orders, a deposit of at least 30% of the order, and pay the balance on the day of delivery.- The establishment of a bank loan, in this case the financial institution must settle MI Medical Innovation receipt of the notice of availability of equipment.Any indication of timing and method of payment on the invoice or purchase order shall prevail over the General Conditions of Sale in case they are different.
Art. 6 - Payment - Delay or default is expressly agreed that the material is sold under the condition precedent of payment by the buyer the full purchase price. It is expressly agreed that in case of late payment to be fixed, all sums due to run automatically become immediately due and we may suspend all pending orders, without prejudice to any other course of action. Any amount not paid on the due date will be automatically and without prior notice, notwithstanding section 1153 of the Civil Code, to pay interest at the rate of discount of the Bank of France days of billing plus 5 (five) points. Such interest shall accrue from the due date until paid.In case of default of payment within forty-eight hours after a notice has been given, the sale will be canceled automatically if we see fit and we can ask for interim relief the return of the equipment, without prejudice to any other damages. Resolution affect not only the order in question, but also all previously unpaid orders, whether delivered or being delivered and whether payment is due or not.In any case, payments may be suspended or be subject to any compensation whatsoever without our prior written consent. Any partial payment shall first be deducted from the unsecured part of the claim, then the sums found to be due is the oldest.
Art. 7 - Retention of property:Accordance with the provisions of the Act of May 12, 1980, MI Medical Innovation reserves ownership of the materials until full payment of any amount owed in capital, costs and accessories. Despite the application of this clause property, the buyer shall bear the burden of risk for loss or destruction upon delivery of equipment.It is reminded that it is therefore to provide.
Art. 8 - Shipping and packaging:Delivery can be made by the seller at the address specified by the purchaser, on leaving the goods always travel at the risk of that whatever mode of transport, free or not.In any event, it is the buyer inspect the supplies upon arrival. In case of damage or partial loss, the recipient's attention is drawn to the need to make any reservations with respect to the carrier on consignment, to notify by registered letter addressed to the carrier within the statutory period of three days and take all appropriate measures to safeguard its rights.No supplies shall be returned or exchanged without prior agreement of MI Medical Innovation and subject to possible reimbursement of administrative costs associated with this operation.
Art. 9 - Guarantee:The warranty period is twelve months from the date of delivery. This warranty does not replace the legal warranty against latent defects resulting from the application of sections 1641 and 1648 of the Civil Code which any purchaser has. Repairs made during this period does not extend the initial term.The warranty excludes any payment of compensation in any capacity whatsoever including business interruption caused by immobilization for whatever duration.Work performed under warranty must be made by an official representative of the brand.Cover ceases as soon as, without the express authorization of the seller, a modification or repair has been made by persons outside the vendor's business.The warranty covers replacement of defective parts or repair them the choice of the seller, and the cost of labor.The warranty does not cover defects arising from failure to comply with the requirements of use, or cause foreign material (bad wiring, over voltage, loss such as water damage, fire or other damage of any natural order, intervention one third).
Art. 10 - Limitation of Liability:The seller's responsibility for ordering and / or the products covered by the order, is expressly limited to the simple exchange of defective products or refund their choice of vendor. The seller has no liability for any damages or prejudicial consequences which may arise directly or indirectly from errors or omissions in the information accompanying the products.
Art. 11 - Challenge and Jurisdiction:All that may occur between different MI Medical Innovation and the buyer will be the jurisdiction of the High Court of Mende (48) ruling on commercial.This clause applies even in cases of summary proceedings, incidental demand, introduction of third parties, and one defendant and regardless of the method and terms of payment.MI Medical Innovation Parc d'activité - 48230 CHANAC - FRANCE