Art. 1 - Application of general conditions of sale - opposabilities general conditions of sale:
These Terms and Conditions shall apply to all orders for products manufactured or marketed by our company.
No special conditions may, unless formal written acceptance from us prevail against the Terms and Conditions. Any contrary condition by a customer will be in default of acceptance our express, unenforceable in our society, regardless of when it may be brought to our attention.
Art. 2 - Orders: Orders in excess of eight thousand Euros (€ 8,000) are not final until they have been confirmed in writing (or by fax). Acceptance may also result from the shipment.
If a control unit is placed by a customer on behalf of a bank or a financial institution as part of a leasing operation, this command will not be accepted by MI | Medical Innovation only if that bank or financial institution said ratifies and agrees to pay MI | Medical Innovation equipment prices under the conditions described below.
Art. 3 - Price: The price charged and the corresponding fees are those in effect at the time of delivery.
Material prices are packed ex works. They are based on the economic and monetary conditions specified in the offer. They may be revised following the legal formulas.
Art. 4 - Delivery time: The delivery time depends on the order and are indicative unless otherwise specified any delay can not allow the buyer to cancel the sale, to refuse delivery of equipment, or to demand damages.
MI | Medical Innovation is released from the obligation to deliver and more generally its obligations in all cases of force majeure, in fact or law, or partial strike, blackout, fire or flood, accident, riot, or interruption transport delay due to any third party including the purchaser or any other circumstances an external cause preventing either directly or through its suppliers to meet its obligation.
Art. 5 - Payment Terms:
Companies and individuals: Orders are payable to the order or delivery against default. Bank checks, money orders and electronic payments are accepted, it is not allowed to discount For companies, payment terms 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 modes can be considered:
- The buyer agrees to pay when signing order, 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 shall pay MI | Medical Innovation receipt of the notice of availability of the equipment.
Any indication of time and method of payment of the invoice or the order outweighs the Terms and Conditions in case they are different.
Art. 6 - Payment - Delay or default express agreement the equipment is sold under the condition precedent of payment by the buyer of the full purchase price. It is expressly agreed that in case of delay in payment dates, all sums due to become full term payable immediately and we may suspend all pending orders, without prejudice to any other course of action. Any amount not paid by the due date will result automatically and without prior notice, by way of derogation from Article 1153 of the Civil Code, the payment of interest at the discount rate of the Bank of France date of invoicing plus five (5) points. Such interest shall accrue from the due date until payment.
In case of default, forty-eight hours after notice has been given, the sale will be automatically canceled if we feel good and we can ask the return of the equipment referred, 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 that the payment is due or not.
In any case, the payments may be suspended or subject to any compensation whatsoever without our prior written consent. Any partial payment shall first be deducted on the unsecured part of the debt, and then sums the payment of which is the oldest.
Art. 7 - Retention of property:
Accordance with the provisions of the Act of 12 May 1980, MI | Medical Innovation retains ownership of the equipment until full payment of any amount due in principal, fees and accessories. Despite the application of this clause of property the buyer shall bear the burden of risk in case of loss or destruction upon delivery of the equipment.
It is recalled that it is therefore to provide.
Art. 8 - Shipping and Packaging:
Delivery may be made by the seller to the address indicated by the buyer upon their departure goods always travel at the risk of the latter whatever the mode of transport in French or not.
In any event, it is up to the buyer to verify deliveries upon arrival. In case of damage or partial loss of the recipient's attention is drawn to the need to make any reservations with respect to the carrier on the bill of lading to notify by registered letter addressed to the carrier within the statutory period of three days and take all necessary steps to safeguard its rights.
No provision can not be returned or exchanged without prior MI | Medical Innovation and subject to possible reimbursement of administrative costs associated with this operation.
Art. 9 - Warranty:
The warranty period is twelve months or twenty-four months from the date of delivery. This warranty does not replace the legal guarantee against hidden defects resulting from the application of sections 1641 and 1648 of the Civil Code which any purchaser benefits. Repairs made during that period do not extend the original term.
The warranty excludes any payment of compensation to any reason whatsoever including business interruption caused by immobilization whatever time.
Work performed under warranty must be made by an official representative of the brand.
The warranty shall cease as soon as, without the express permission of the seller, modification or repair has been made by persons outside the vendor's business.
The warranty covers replacement of defective parts or repair at the option of the seller, and the cost of labor.
The warranty does not cover defects arising from the non-compliance of use, or cause foreign material (bad wiring, overvoltage, loss such as water damage, fire or other damage of any kind natural, intervention a third party).
Art. 10 - Limitation of Liability:
The liability of the seller for the control and / or 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 adverse consequences which may arise directly or indirectly from errors or omissions in the information accompanying the product.
Art. 11 - Disputes and Jurisdiction:
All that may occur between different MI | Medical Innovation and the buyer will be the jurisdiction of the Tribunal de Grande Instance de Mende (48) acting in commercial matters.
This applies even if referred, as an incidental matter, call security, and multiple defendants and whatever the mode and terms of payment.
MI | Medical Innovation Business Park - 48230 CHANAC - FRANCE