BACKGROUND:
- These terms apply to all orders,
confirming orders, invoices, sales and more generally to all
contractual relationships or pre notwithstanding any contrary
provisions that might be included in the terms and conditions of
purchase of the Customer.
- Any exemption to these
conditions shall be deemed to be accepted only after receiving the
express prior written consent of MICROCOST.
- MICROCOST reserves the possibility of transferring to a third party the
rights and obligations arising from these conditions after notifying
the Client.
CONTROLS - OFFERS:
The sales contract is finally formed after the issue of the acknowledgement by MICROCOST the order of the Customer.
- All orders received by telex, fax, mail or any other means of
transmission may bring MICROCOST only after written confirmation from
him.
- The offers are valid for the duration
specified in conditions of the offer and failing for a period of 30
days, beginning on the date of the offer.
- MICROCOST is bound by the verbal commitments that would have been made
by its representatives and / or employees subject to written
confirmation of such commitments, in order acknowledgement.
- The obligation of delivery and / or installation covers only the
equipment shown in the order in which it has been acknowledged, to the
exclusion of any other. The software may be incorporated in equipment
sold.
MODIFICATION OF CANCELLATION:
- While running, the client makes changes in writing, on the quality and
/ or the characteristics of the equipment and / or its installation,
prices and time frames on the purchase order and / or the order
acknowledgement, will be revised accordingly. 3-2. Any application for
modification or cancellation of orders must be made in writing and
addressed to MICROCOST.
- Any cancellation of
orders will be taken into consideration after receipt of the written
agreement of the manufacturer. The buyer bear to forfeit any
compensation would be required that the manufacturer, in the event of
cancellation orders.
- In all cases, the
acceptance or refusal of cancellation will be done by registered letter
with acknowledgment of receipt.
- To cancel orders
made by the client, amounts paid as a deposit will retain MICROCOST, as
compensation for termination. In addition, MICROCOST reserves the right
to call the Customer reimbursement of all costs which may have been
hired to carry out the order.
PRICE:
- The prices listed in the catalogues and brochures advertising does not
constitute an offer or a price list (within the meaning of Article 33
of the amended Ordinance 1986). They are given as examples only and
have no contractual value.
- Prices are in euros, excluding tax, without discounting, postage and packing extra.
- Any change in the rate of VAT will be separate charge.
- Prices are normally those on "the order" or "order acknowledgement."
However, they can be reviewed in the light of economic and monetary
fluctuations, which may intervene in the ordering, on the sole basis of
the following references: rising raw materials, imported products, fees
for goods delivered, Human Rights customs, tariffs, transport and
fluctuating currencies.
- Discounts, rebates,
discounts: MICROCOST may rebates, discounts, rebates to the Customer,
in terms of quantitative or qualitative criteria left in its sole
discretion.
DELAYS AND DELIVERY:
- Delivery times indicated on the acknowledgements orders constitute the
"best" MICROCOST time, but should never be an obligation of result.
- The time begins to run from the day when MICROCOST is in possession of
all of the technical, legal and financial resources needed to carry out
the order. No compensation for delay may be required.
- Delays can in no way justify the cancellation of the order or constitute grounds for penalties or damages.
- MICROCOST is relieved by right of any obligation on the timely delivery
and / or put into service in the following cases:
- Force majeure including lockouts, strikes, epidemics, war, requisition,
lightning, fire, flood, disposing of important documents in process,
interruption or delay in transportation or any other act or event
beyond either party's control,
- Change as a result of the customer, the quantity of equipment ordered and the place of delivery of them.
- Any order partially delivered or performed may be cancelled.
- The delivery means either shipment (the cost of transportation and packaging being borne by the client).
- The risk (loss, theft or destruction) of goods, even those sold free of
charge, shall be borne solely by the client, from their expedition,
both for the damage to the goods and for damage to third parties.
RETENTION OF OWNERSHIP - RISK:
- The ownership of the materials sold will be transferred to the client once the payment of the price made.
- The non-payment, even partial, authorizes MICROCOST recover its
merchandise at the Customer after due notice by registered letter with
acknowledgment of receipt unsuccessful, within eight days of its
receipt.
- In any case, the risks of any kind that might be
inflicted material will be transferred to the Customer, as shipment of
goods.
- In the event of bankruptcy or liquidation judicial
Client, MICROCOST have the right to claim ownership of the goods sold,
in accordance with statutory provisions.
RECEPTION OF GOODS - ABSENCE OF COMPLIANCE:
- In case of loss, damage or replacement, related to transportation,
the customer must notify the carrier within the legal deadline of three
days, by registered letter with acknowledgment of receipt or extra
judicial act, in accordance with Article 105 of the Code of Commerce. A
copy of the letter to the carrier should be addressed to MICROCOST.
- This rule is of public policy, accountability MICROCOST not be
investigated for any failure to deliver relation to the transport of
goods.
- Upon receipt of the goods, if the customer finds
that they do not conform to the order form, or they are damaged, it
must inform MICROCOST by letter with acknowledgment of receipt within
eight days of delivery.
- Otherwise, the client will be deemed to have accepted delivery without reservation.
- The lack of conformity of a portion of the delivery does not relieve
the obligation to pay all goods for which there is no dispute.
- Any return of the goods must be an express agreement MICROCOST. In
this case, the goods must be after, in writing award of a MICROCOST a
return authorization number (RAN), returned in its original packaging,
postage paid. Any other method of return will be refused.
WARRANTY AND PROTECTION OF GOODS:
- Unless otherwise specified, the commands are executed in accordance
with the standards where they exist and with tolerances of use, as
current and without regard to the use to which the Special Client
destine materials.
- MICROCOST guarantees the
equipment conforms to the technical specifications for a period of
twelve months from the date of delivery.
- This
guarantee is strictly limited to the free replacement of defective
parts recognised. It does not cover the consequences for normal wear
and tear of parts, to negligence, improper maintenance, use of
defective equipment, outside specifications and / or choices of
non-consumable brands advocated by MICROCOST.
- To
qualify for the guarantee MICROCOST, Customer must immediately notify
by any means writing (fax, letter) disorders it imposes on the
operation of equipment and must provide every facility to MICROCOST to
proceed to the defects. The work of replacement or repair are then made
to the choice of either MICROCOST in its workshops or on the site of
the Customer.
When the repair or replacement of parts caused transport costs of equipment, these expenses are allocated as follows:
- The cost of transportation from the premises of the client until those MICROCOST are borne by the client,
- The costs of returning to Client shall be borne by MICROCOST.
- The repair, alteration or replacement of parts during the warranty
period may not have the effect of extending the period of the
guarantee.
- No collateral is due when the defect or damage resulting from events are the characteristics of the force majeure.
- In any case, the Customer benefits from the provisions of sections 1641
et seq of the Civil Code on the guarantees and legal defects.
- MICROCOST may also offer a guarantee agreement for equipment sold. This
guarantee covers some hardware and is the subject of a contract of
guarantee.
MAINTENANCE:
-
Beyond the warranty
period, maintenance is contracted for the duration specified on the
order form or on the maintenance contract. Without termination by the
customer 6 months before the end of the initial period, it will be
tacitly renewed for successive periods of 12 months.
-
The notice for the renewal will be 3 months.
-
The contract may be terminated by registered mail by one or the other
of the parties with reference to the effective date of the contract or
the first bill.
TERMS OF PAYMENT:
- Payments will be made at the home of MICROCOST net and without
discount, and are due, except special convention on the day of receipt
of the invoice, even though the execution of the order has led to
claims or litigation.
- In case of late payment with the
terms laid down, amounts due shall bear interest of right and without
any need for a formal notice on the basis of three the legal interest
rate that the clause without prejudice to which the debt is due.
- In addition, the non-payment of a maturity leads to suit MICROCOST,
eight days after formal notice, made by simple letter:
- Immediate or chargeability of all invoices and the suspension of the delivery of orders,
- Either the termination of all contracts with retention of deposits
received, setting up a compensation which shall not be less than the
advance payments received.
- The balance of the price to
be paid immediately becomes payable in the event of resale or disposal
of equipment, it will also be the case if the client consents, on
equipment, any security.
- In case of payment by bank effect (trafficking or to order tickets), the cost of fees are charged to the client.
- In case of implementation of the retention of title clause, the
payments will remain committed to MICROCOST under the allowance for
non-full or partial payment in return for the depreciation of goods.
RESPONSIBILITY:
Responsibility for MICROCOST not be engaged in the event of damage.
By damages might include any commercial or financial loss, loss of
earnings, loss of sales, loss of data, loss of farms, and so on.
In any case, responsibility for MICROCOST, in the event of any
direct, will be capped at 10% of the amount of the order in question.
INVALID A CLAUSE:
If any provision of these Terms and Conditions should be declared null
and void or cancelled, the other clauses will still be provided
affected.
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TCS - Products 
