TERMS OF SALES
Art. 1 - Application of the general conditions of sale - Opposabilités of the general conditions of sale:
These General Conditions of Sale are applicable to all orders of products manufactured or marketed by our company.
No special condition may, except formal and written acceptance on our part, prevail against the General Conditions of Sale. Any contrary condition posed by a customer will be, in the absence of express acceptance on our part, unenforceable against our company, regardless of when it may have been brought to our attention.
Art. 2 - Orders: Orders over eight thousand Euros (€ 8,000) are final only when they have been confirmed in writing (or by fax). Acceptance may also result from shipping the products.
If a device order is placed by a customer on behalf of a bank or financial institution as part of a leasing transaction, that order can not be accepted by MI | Medical Innovation that if said bank or financial institution ratifies it and agrees to pay to MI | Medical Innovation the price of devices under the conditions described below.
Art. 3 - Price: The price charged and the corresponding taxes are those in effect on the date of delivery.
Prices are packed material, ex works. They are established according to the economic and monetary conditions specified in the offer. They are revisable according to the legal formulas.
Art. 4 - Delivery time: Delivery times are based on the order and are indicative and unless otherwise stipulated any delay can not authorize the buyer to cancel the sale, to refuse delivery of equipment, or to claim damages and interests.
MI | Medical Innovation is released from the obligation of delivery and more generally from its obligations in all cases of force majeure, fact or law, total or partial strike, blackout, fire or flood, accident, riots, interruption or delay of means of transport makes any third party including the buyer or any other circumstance having an external cause and preventing it directly or through its suppliers from fulfilling its obligation.
Art. 5 - Payment terms:
Companies and individuals: Orders are payable on order or on delivery against payment. Bank checks, wire transfers and electronic payments are accepted, it is not granted discount, For companies, payment terms not exceeding 60 days end of the month on the 10th, can be granted according to the special conditions that will be then specified on the invoice.
Regardless of the conditions set out above, different modes can be envisaged:
- the buyer agrees to pay when signing the order, a deposit at least equal to 30% of the order, and to pay the balance on the day of delivery.
- setting up a bank loan, in which case the financial institution will have to pay MI | Medical Innovation upon receipt of the equipment release notice.
Any indication of deadlines and method of payment appearing on the invoice or order form prevails over the General Conditions of Sale in case they are different.
Art. 6 - Payment - Delay or default: By express agreement the material is sold under suspensive condition of payment by the buyer of the full selling price. It is formally agreed that in the event of late payment on the set dates, all amounts due in due time will automatically become due immediately and we will be able to suspend all outstanding orders, without prejudice to any other course of action. Any sum not paid on the due date will give rise, by way of derogation to Article 1153 of the Civil Code, to the payment of default interest at the discount rate of the Banque de France at the Bank of France. billing day plus 5 (five) points. Such interest shall accrue from the due date until paid.
In case of non-payment, forty-eight hours after a formal notice remained unsuccessful, the sale will be terminated automatically if we please and we can request in summary the return of the equipment, without prejudice to any other damages. The resolution will affect not only the order in question, but also any previous unpaid orders, whether delivered or being delivered and whether or not their payment is due.
Under no circumstances may payments be suspended or compensated without our prior written consent. Any partial payment will first be applied to the non-privileged portion of the claim and then to the amounts for which the due date is the oldest.
Art. 7 - Retention of title clause:
In accordance with the provisions of the law of 12 May 1980, MI | Medical Innovation reserves the ownership of the equipment until full payment of any sum due in capital, costs and accessories. Despite the application of this clause of ownership, the buyer will bear the risk of loss or destruction upon delivery of the equipment.
It is recalled that it is therefore up to him to insure.
Art. 8- Delivery and packing:
Delivery can be made by the seller to the address specified by the buyer, from their departure the goods always travel at the risk of the latter regardless of the mode of transport, free or French.
In any case, it is up to the buyer to check deliveries on arrival. In case of damage or partial loss, the attention of the recipient is drawn to the need to make any reservations about the carrier on the waybill, to notify by registered letter addressed to the carrier within the statutory period of three days and take all necessary measures to safeguard his rights.
No supply may be taken back or exchanged without the prior consent of MI | Medical Innovation and subject to reimbursement of any administrative costs related to this operation.
Art. 9- Warranty:
The duration of the warranty is twelve months or twenty-four months from the date of delivery. This warranty does not replace the legal warranty of hidden defects resulting from the application of articles 1641 and 1648 of the Civil Code of which any purchaser benefits. Repairs made during this period do not extend the initial term.
The guarantee excludes any payment of compensation for any reason whatsoever and in particular the operating losses caused by the immobilization whatever the duration.
Work under warranty must be performed by an official representative of the brand.
The warranty ceases as soon as, without the express authorization of the seller, a modification or a repair has been made by persons outside the seller's company.
The warranty covers the replacement of the defective parts or their repair at the choice of the seller, and the labor costs.
The guarantee does not cover the defects resulting from the non-observance of the prescriptions of use, or of a cause foreign to the material (bad electrical installation, overvoltage, disaster like water damage, fire or other natural damage of any order, intervention a third).
Art. 10 - Limitation of liability:
The responsibility of the seller for the order and / or products subject of the order, is expressly limited to the pure and simple exchange of defective products or their refund at the choice of the seller. The seller has no obligation regarding the damage or the harmful consequences which would occur directly or indirectly of error or omission in the information accompanying the products.
Art. 11 - Challenge and Assignment of Jurisdiction:
All the different that can intervene between MI | Medical Innovation and the buyer will be in the jurisdiction of the District Court of Mende (48) ruling on commercial matters.
This clause applies even in the case of interim relief, incidental claim, warranty claim, and multiple defendants and regardless of the mode and terms of payment.
Art. 12 - Return of a product
MI Medical Innovation is obliged to take back an article only in the event of delivery not in conformity with the order or defective.
The consumer must return it in its original packaging, indicating the reason for refusal on the delivery note or invoice.The consumer must pay the direct costs of return, unless MI Medical Innovation agrees to bear them or if he has not informed the consumer that these costs are his responsibility.
Art. 13 - Personal data:
The personal data collected from the site or communicated by the user, in particular because of the forms or questionnaires present on the site, are intended for MI | Medical Innovation, and are not intended to be passed on to third parties. They will only be used for the sole purpose of the purpose of the collection and, where appropriate, for any commercial prospecting operation. They are kept as long as necessary for the accomplishment of these purposes. MI | Medical Innovation implements all the means intended to ensure the security and confidentiality of files made from personal data collected on the site. However, MI | Medical Innovation does not control the operation of the internet and draws the attention of users to the existence of potential risks in terms of the confidentiality of data transiting via this network.
In accordance with Article 39 of the law of 6 January 1978 relating to data, files and freedoms, you have a right to access, modify and oppose your personal data registered by the website. You can exercise it by email by writing to the director of the publication, designated below.