VITAL TECHNICS SAS
– Terms and conditions of sale as of October 2019
Sales are subject to the following terms and conditions. Changes and modifications of terms, unless covered by a prior written contract signed by the seller are void.
The fact of placing an order is subject to the agreement of Vital technics and implies total acceptance by the customer of the hereby terms and conditions of sale.
Any condition laid out by the customer, without written acceptance of the seller is void.
All our goods are supplied on an ex-works basis, effective Prices are those at the date of order, exclusive of taxes and freight charges. Applicable taxes, levies and transportation costs will be charged in addition.
Leadtime – Delivery – Freight:
Unless a special agreement prior to order acceptation has been settled; Seller’s terms and conditions for shipments and deliveries, available upon request are applicable.
Shipping and delivery dates are given on an indicative basis. Delays do not entitle the customer to compensation or cancellation of order.
Merchandise is shipped and travels under the customer ‘s responsibility. Acceptance of delivery relieves the carrier of its responsibilities.
All products returned without prior acceptance of seller will be kept at the customer ‘s disposal. They will not be refunded.
Seller warrants that its products at the time of shipment have no material or workmanship defects. Customer must conform to storage instructions and user’s manuals attached to or included inside the product’s package.
Should the customer fail to comply with the instructions of proper usage or combine our products with items not mentioned in the instructions or not sold by Vital Technics, We would be entitled to take all possible actions to maintain the high quality reputation of our products. Such as, legal proceedings, cancellation of pending orders to the wrongs and grievances of the buyer, and for his subsequent orders, subordination of our acceptance to his precise commitment to compliance with our prescriptions, or even outright refusal of the order.
We deny responsibility for whatever effect or consequence of misuse of our products. Customers and users of our products are responsible for injuries and damages (including damages to the products)
The customer may within 8 calendar days period, after shipment acceptance date, inform Vital Technics of manufacturing defects. No return without prior Vital Technics acceptance will be accepted. If return is approved by seller, Vital Technics after inspection of the products will eventually replace the defective products or refund the customer.
Payment is due on order prior to shipment.
If an open account is granted payment conditions are those of the agreement
Seller reserves the right of changing a previously approved credit. In case of late payment of unfavorable financial information, credit authorization can be cancelled.
Penalties & delay:
Seller will charge interest on delinquent accounts at the base rate of the BCE plus 10 points with a minimum equal to three times the French legal rate. (article L441-6)
In addition to this interest charge a fixed 40€ penalty will be added on each overdue invoice (article D.441-5 du code du commerce)
In case of late payment, whatever the cause, any payment will be assigned to the oldest unpaid invoice.
In addition, late payment of an invoice automatically requalifies subsequent invoices into immediate payment terms.
Retention of title clause:
Vital Technics remains owner of the products until the complete payment of the invoice including overcharges due to non-compliance with payment terms. This does not discharge customer of its responsibilities concerning shipment and delivery.
Overdue invoice may at the convenience of seller be a cause of sale cancellation. The seller will take back its products and keep down payments as indemnity
Commercial publications, photos, drawings and documents supplied free of charge remain the exclusive intellectual property of Vital Technics they cannot be duplicated or transferred without our approval.
Jurisdiction and applicable law:
This agreement shall be governed by the laws of France. The parties irrevocably agree to the exclusive jurisdiction of the Tribunal de Commerce de Narbonne, France.
SAS au capital de 41 952€ – RCS NARBONNE 847 876 778 – N° TVA Intracommunautaire FR 25 847 876 778