1.
Applicability
The following set of general sales conditions shall apply to
all items supplied and all other types of services rendered
by ATLANTIS MEDITERRANEO ( hereafter referred to as «
ATLANTIS ») unless otherwise mutually agreed by the parties
in writing.
2. Prices, delivery conditions and
shipping
All prices are in EURO (EUR) and are understood ex-works our
warehouse.
Upon request ATLANTIS is providing to the Customer the costs
for CIF delivery.
The expenses of transport (including transport insurance)
as well as for additional required documents (such as Certificate
of Origin and others) are for the exclusive charge and account
of the Customer.
Any claims resulting from damage or delay of the freight must
be addressed directly to the forwarding agent by the Customer.
3. Payment terms and conditions
Payment shall be remitted exclusively to the bellow banking
address and shall be remitted on or before their due dates
with no discounts deducted and all charges prepaid by remitters.
Societe Generale Avignon Republique, Account no. 3003 00230
00020073684,
IBAN FR76 30003 00230 00020073684 31, SWIFT CODE SOGEFRPP.
Alternative payment terms shall be stated in ATLANTIS’s
quotations or order acknowledgements.
Unless confirmed in writing by ATLANTIS discount is not granted.
Non-payment of an invoice at its due date will mean that
ATLANTIS can demand immediately all debts due for orders delivered
and unpaid by the Customer, which will bear automatically
an interest for delay at the reference rate of the Euribor
current at the time of non-payment plus 10 points.
Every expense incurred by ATLANTIS as a result of the failure
in payment on the due date by the Customer, will be for the
exclusive charge and account of the Customer, independently
of the cause which may have motivated the non-payment.
4. Orders
The minimum order value is EUR 2’000 per order. In case
of orders pending at ATLANTIS, additions are possible without
minimum order value.
The Customer is solely responsible for the choice of the product
and the use to which it is to be given. Consequently Atlantis
will neither accept responsibility nor guarantee that the
product is adequate for the technical applications intended
by the Customer,
nor that it can achieve, in whole or in part, the objectives
envisaged by the latter.
5. Reservation of ownership
ATLANTIS reserves the full ownership of the products sold
until total and effective payment by the Customer of the price
and amounts invoiced.
6. Quality-Control
ATLANTIS guarantees that all products supplied are shipped
only if the applicable internal Quality Control Standards
are met. This guarantee refers only to the delivered product
but not to claims concerning consequential damage.
7. Claims
The Customer shall inspect the goods immediately without delay
upon receipt of same. Any defects shall be reported immediately
upon receipt of goods, the period for claims will be:
i .the same day of arrival of the goods in the case of clear
non-conformity between the delivery and the order with regard
to quantity or quality.
ii. at the latest within three calendar months following the
arrival of the goods in cases when the defect or irregularity
can only be detected after making a test or after handling
the product purchased.
8. Guarantee
The guarantee of the products provided by ATLANTIS will only
be valid for the Customer named in the corresponding invoice.
The validity of the guarantee of ATLANTIS products is for
three months from the date of delivery, provided that the
products are stored and handled in suitable conditions in
conformity with their nature.
Defective/non-defective toners/developers may only be returned
upon receipt of the written approval from ATLANTIS.
A request for return of goods can only be accepted within
3 months from the date of delivery.
Products returned due to purchasing errors may only be accepted
if the request has been placed at ATLANTIS within one week
from the date of shipment.
Requests to return defective products to ATLANTIS can be
placed at ATLANTIS either by phone, fax or E-mail. The request
shall include a brief description of the observed non-conformances,
test copies, information regarding toner type/article number.
Products returned to ATLANTIS are subject to the verification
and evaluation of the quality control department. If the defects
prove to be true, another lot will be delivered within 15
days.
Atlantis reserves the right not to accept the return of any
product in the event of not having proceeded in conformity
with the protocol of actions set out above.
This guarantee refers only to the delivered product but not
to claims concerning consequential damage.
9. Legislation and Jurisdiction
All legal relations between the parties shall be governed
by, and subject to, the laws of France.
All disputes arising in conjunction with contractual relationship
and performance under contractual agreements shall be filled
with the court in Avignon – France.
10. Supplementary Terms and Conditions.
The above terms and conditions of business, along with any
further agreements reached, shall be regarded as constituting
the complete and entire agreements between the parties, and
shall replace any prior oral or written agreement that may
have existed between the same.
Both parties shall be obliged to treat as strictly confidential
any and all business and company secrets of the other party
that may become known to them in the course of their performances
under sales contracts concluded between the parties and shall
not disclose any such to third parties. The parties shall
transfer these obligations to any third parties they may engage
in the course of their performances under sales contracts
involving the parties.
Avignon, 1 st of June, 2005
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