Condition générales de ventes – Aurélie ABADIE + SAUQUES Samuel

General terms and conditions of sales

The general terms and conditions described below detail the rights and obligations of the company Mineral Design for the purchase of Abadie-Sauques – mineral design (hereafter Abadie-Sauques – mineral design) by the customer (hereafter the “Customer”).

The purchase of Abadie-Sauques – Mineral design products by the Customer implies unconditional acceptance by the Customer of these terms and conditions of sales. Any terms and conditions imprinted on or embedded in Customer orders, order acknowledgments or other communications between the parties relating to orders does not apply.

1. Order, Pricing and Payment

1.1. Any order to be valid must be made in writing, signed and confirmed by the parties. All orders must specify the product model, and quantities, requested shipment dates if any and shipping and invoice addresses. All orders are subject to acceptance by Abadie-Sauques – Mineral design. However, the terms of the order sent to Abadie-Sauques – Mineral design are irrevocable for the Customer, unless authorized differently in writing by Abadie-Sauques – Mineral design. Abadie-Sauques – Mineral design may refuse or withhold any order, without the Customer being entitled to any compensation for any reason, in case the payment of any previous order by the Customer has not occurred.

1.2 Pricing are valid for a period of three (3) months from the date of the quotation send by Abadie-Sauques – Mineral design to Customer.

1.3 Prices do not include, and Customer is responsible for paying, freight charges, insurance, levies, import or export fees, duties, tariffs, conversion fees or other charges associated with exporting or importing products from France. Prices are exclusive of all country, provincial, state and local sales, use, value added, excise, privilege, personal property, franchise and similar taxes.

1.4 Payment is due by bank transfer before the shipping of the products by Abadie-Sauques – Mineral design. Unless otherwise agreed, Customer will pay Abadie-Sauques – Mineral design in Euros. For invoices not paid within the proper delay, Abadie-Sauques – Mineral design reserves the right to charge Customer, without any prior notice as per article L441-6 of the French commercial code, a late penalty charge of three (3) times the French interest rate. In addition, Dell may, without waiving any other rights or remedies to which it may be entitled, refuse to ship ordered Products and may seek collection from Customer of any unpaid amounts, including reasonable legal fees and costs of collection.

2. Delivery, Acceptance

2.1 Abadie-Sauques – Mineral design retains the ownership of the products until full payment of the products by the Customer. A failure to pay the agreed price, Abadie-Sauques – Mineral design may take back the products, and cancel automatically the order. Payments already made will be kept acquired for the benefit of the products by the Customer. Assuming, Abadie-Sauques – Mineral design’s carrier is used, transfer of title of the products passes from Abadie-Sauques – Mineral design to Customer upon delivery of the products to Customer’s location.

2.2 When Abadie-Sauques – Mineral design accepts an order, Abadie-Sauques – Mineral design will provide Customer with an estimated delivery date or dates for all products ordered. Unless otherwise agreed by the parties, Abadie-Sauques – Mineral design will make the arrangements with its carrier to deliver the products to Customer’s location.

2.3 Delivery is made i) either directly to the Customer’s location, or ii) at any other place mentioned by the Customer in the order.

2.4 Customer must inspect products within 7 days of delivery and inform Abadie-Sauques – Mineral design in writing of any non-conformity with this general terms of sales or any product defect immediately. In the absence of any such notification and after this period for inspection, Customer has accepted product. All returns must be agreed by Abadie-Sauques – Mineral design. Any product returned directly by the Customer without prior notice and approval by Abadie-Sauques – Mineral design will be held in the Customer and no credit note or refund of such amount will be provided by Abadie-Sauques – Mineral design. Any costs and risks for the return of the products to Abadie-Sauques – Mineral design s location are always the responsibility of the Customer. Once the return of a product is accepted by Abadie-Sauques – Mineral design, Abadie-Sauques – Mineral design will verify the products returned, and replace the products returned.

3. Warranty

Products will be provided by Abadie-Sauques – Mineral design to Customer free from material defects for a period of twelve (12) months from the date of the invoice (“Warranty”). If a material defect occurs during the Warranty period, the Customer may return the products to Abadie-Sauques – Mineral design as per the provisions of clause 2 below.

4. Liability

Abadie-Sauques – Mineral design will be liable for any direct damage arising out of, or in connection with, any event or series of connected events occurring in connection with this general terms and conditions of sales. Incidental, indirect, special or consequential are expressly excluded from the present general terms and conditions of sales.

5. Intellectual Property

All Intellectual Property Rights embodied in the products shall belong solely and exclusively to Abadie-Sauques – Mineral design.

6. Force Majeure

Neither party shall be liable to the other party for any failure to perform any of its obligations under this general terms and conditions of sales during any period in which such performance is delayed by circumstances beyond its reasonable control as defined by the French law under article 1148 of the French civil code (a “Force Majeure”). If the Force Majeure events lasts longer than thirty (30) Days, the other party may immediately terminate this general terms and conditions by giving written notice to the delayed party.

7. Confidentiality

Each party must treat all confidential information received from the other party as it would treat its own confidential information generally, but with no less than a reasonable degree of care.

8. Notification

To give notice under this general terms and conditions of sales, the notice must be in writing and will be effective when delivered to Mineral design at the following address:

Abadie-Sauques – Mineral design

5 rue Francine Deporte

56 100 Lorient

France

9. Law, Jurisdiction

Any dispute concerning the interpretation and execution of these general conditions of sale are subject to French law and jurisdiction.

Failing amicable settlement, the dispute shall be brought before the competency of the Commercial Court of Abadie-Sauques – Mineral design’s headquarter, France. The parties agree that the UN Convention for the International Sale of Goods will have no force or effect on this general terms and conditions of sales.

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