Atex Industries is a brand of Opti-Light France S.A.R.L., therefore, the French terms & Conditions apply to Atex Industries. Below is a translated version, although the original version is binding.
OPTI-LIGHT - Conditions of acceptance.
- The quote may be subject hedging acceptance of the claim by our bank.
- The export can be subject to acceptance depending on the country/region of destination.
Please contact us.
OPTI-LIGHT - Shipping Conditions.
Conditions in force for France only. Outside metropolitan France, please consult us.
Shipping: Shipping in France included (DDU) for minimum orders Euros HT 1000,00. For orders under Eur HT 1000.00, flat fee of Euros HT 40.00
OPTI-LIGHT - Sales Terms
I - OFFER, ORDER CONFIRMATION, EXTENT OF DELIVERY
Any order implies acceptance by the buyer of these conditions, any contrary clause would not prove enforceable against the seller if it has not been explicitly accepted.
Documents relating to the offer such as drawings, plans, measurement data and weights are only approximate values as they have not been expressly agreed and accepted, as cost estimates and other documents cannot be communicated to third parties.
The supplier reserves the right to delivery, to make the changes they deem necessary for construction.
All orders must always be acknowledged in writing by the supplier.
The property transfer by express agreement is only made at the date of full payment of price, until then and even in case of delivery of the goods, there is but a temporary deferral. Consequently, the customer cannot, until full payment, transfer rights or constitute security on sold goods.
The contract is deemed finished after written acceptance by the seller of the buyer's order and payment.
Cancelled orders by the customer will result in indemnities and compensations.
II - DELIVERY PERIOD
This period takes effect earlier than the date of receipt of the order and only after receipt of the various documents and clarification of various points that may need clarification, or at the discretion of the seller to extend the time of delivery. Unless exception, all deadlines are indicative and depend on supply conditions.
Delays can never justify the cancellation of the order and the seller cannot be held responsible unless for reasonably foreseeable damage, provided that the customer has suffered direct harm due the delay.
Acts of God and force majeure and in particular mobilization, war, total or partial strikes, lockouts, epidemics and disruptions of transport, lack of raw materials and fuels, fires, floods, accidents tooling or other cause impeding the activity of factories or warehouses seller allow it to cancel all or part of orders whose execution was thus prohibited or suspended.
Seller undertakes to inform the buyer of the incidents in the shortest notice possible time.
The seller is not obliged to deliver the product sold if the buyer is in liquidation or judicial settlement, and even if a deadline for payment was granted.
III - PACKAGING, SHIPPING, TRANSPORT
For sales within a country, the package will be calculated at cost price and will not be repeated. It will be carefully done and charged additionally.
Buyer assumes risk of transportation, breakage, theft, fire, as soon as the goods leave the factory or the dealer subsidiary, even in case of delivery or free home installation.
The risks are also on the buyer 10 days after the shipping notice, even if the buyer has not received delivery. From that date, the seller is entitled to demand for storage costs at least 0.5% per month of the amount of the invoice.
It is up to the buyer to check the equipment and make all necessary reservations with the carrier, as well as exert against them any remedy mentioned under sections 103 and following of the Commercial Code, and in the deadline set by Article 105.
Expenditure on receptions and tests requested by the purchaser shall be covered by the latter.
IV - WARRANTY
The seller will conscientiously give before and after signing the contract all details and useful information. He must, when appropriate, ancillary obligations under the agreement, particularly regarding the operation and maintenance of the goods delivered.
However, the seller cannot be held responsible for any omission, the acquirer being in charge of the operation and maintenance of the unit and of the initiative to ask any questions about it helpful.
Excepted for timeliness complaint described below, all defective parts will be repaired free of charge by the seller or replaced within 6 MONTHS, after evidence has been given that this is a defective part or piece made with bad equipment.
The defective parts replaced become the property of the seller, and will be returned at the expense of the purchaser.
The warranty does not cover natural wear and damage resulting from faulty use or negligence, excessive claims, improper use, the influence of moisture, or negligence, or faulty installation or maintenance on the part of the buyer, electrical power, chemical reactions that are not attributable to the seller.
In case of delivery on fabrications made with the assistance of subcontractors, terms of liability and warranty shall be those agreed between the seller and its subcontractor; in this case, the liability of the seller about the defect is limited to the period during which the contractor is itself liable to the seller.
If the buyer makes changes or refurbishment work by himself or carried out by a third party, the Seller shall not be responsible for the consequences that might ensue.
The seller will not reimburse such work.
Seller's guarantee does not cover the costs arising from the disassembly and reassembly of damaged parts or on transport costs that may result. The harm that would result to the buyer due to deprivation of the machine during repairs, transport, or the necessary time to reach his possible location, is excluded from the guarantee.
In case of modification or replacement delivery, the warranty will not be extended or renewed.
The indications of the seller regarding energy consumption or power are considered satisfied if they do not differ in the proportion of 10% of the rate.
Seller is not responsible for the consequences that could result from incorrect information of the buyer regarding the connection conditions and for potential claims of consecutive incidents occurred.
In case of apparent defects of the material delivered, the buyer will be deemed to have accepted the material in the condition it is delivered, if he does not immediately and without delay report the fact to the seller or refuse delivery.
In case of defect, the warranty is limited to a period of one year. The appeal shall be exercised according to the French law, within this period, barely foreclosure. From the date of delivery, the warranty will be exerted within the limits and under the reserves indicated above. All claims in case of a hidden defect will be inadmissible, considered as not within the warranty if they relate to other causes of damage than those defined above, which are listed exhaustively.
V - RATES AND PAYMENT
In the absence of contrary provisions that should be expressly stipulated, the rates are understood from factory and do not include value added tax, packaging, shipping, transportation and installation.
The seller reserves the right to change its prices proportionately if the price of materials, external manufacturing or amount of wages were to be modified after the date of the offer or acknowledgment of order receipt.
Unless otherwise agreed, payment must be made cash on delivery or upon receipt of the notice of shipment.
All goods delivered outside France should be subject to special agreements.
If the goods delivered must be installed by the seller it will be taken into account.
The seller may require the partial delivery payment by sending invoices.
The value is that indicated by the Bank from the seller to the date of payment.
If the payment period is exceeded, the due default interest would be a flat rate set at 1.5 times the legal rate of interest on the amount remaining due. Default interest will be incurred when the amounts payable shall be paid beyond the deadline set by the terms of sale and after the payment date provided on the invoice. This interest would run without reminder the day of the unpaid instalment.
Payments will be made by check or by bank transfers.
Any payment by bill will be subject to prior agreement by the seller.
The compensation payment is expressly excluded.
In case of non-payment, even partial of the goods delivered, the seller may always request the return of the goods and the resolution of the sale.
VI - ASSEMBLY AND INSTALLATION
If the seller is committed, in addition to the delivery of equipment, to also mount the hardware, the vendor installation conditions will be specified and included in the general terms of delivery.
In case of defects allegedly occurred after mounting, the buyer can request that they be repaired, but they will be no other recourse, or claim damages. More generally, the seller's warranty, when installed by him, will be given to the same terms and conditions as above, under
VII - RETURNS
The buyer cannot return the goods without the prior consent of the seller, they will be packaged and shipped free home.
VIII - VALIDITY OF TERMS OF DELIVERY AND WARRANTY
In case one or more provisions of the general terms and conditions would be invalid, the other conditions remain valid and binding on both parties.
Annex clauses will be enforceable against parties only if they were confirmed in writing.
The general terms and conditions apply even if they conflict with the terms of purchase of the purchaser. They will only be binding only if the seller has approved them in writing.
The general terms and conditions also apply for future partial deliveries or additional orders.
Exclusive jurisdiction for all disputes between the parties is the Commercial Court of Paris or, if applicable, in the High Court in the same city. In case of dispute, only the French version of the hereby contract is considered a reference.
IX - REPAIRS
Repairs will be made in our workshops and billed at the rates in force. When a repair estimate is not followed by an order, the facility fees are charged (disassembly, assembly, travel, etc. ...)
X - RESERVATION
By express agreement, the seller retains ownership of the goods despite the delivery until full payment of the sale price, pursuant to Article 121 of the law 85-98 of January 25, 1985 on the reorganization and winding up of companies.
XI - EXPORT
The export can be subjected to acceptance by country/region of destination.
For equipment loan, like samples, please see below.
In case Opti-Light France SARL lends samples, they are lent under the following conditions:
The samples come with a voucher specifying:
2. The loan term and return date.
The products described are commercial free samples provided by Opti-SARL LightFrance until the return date mentioned on the included voucher. After expiry of this date, these products must be returned with payed shipment. Products not returned on time will be charged to the user in accordance with our Rates, Terms and Conditions.
All tests are payed by the recipient, and are at his own risk.
Possible damage to the samples will be the responsibility of Opti-Light France SARL.
Commercial samples are shipped without a certificate and it is possible that some parts are not certified and not suitable for use in ATEX zones.
In acknowledging receipt of commercial samples, the recipient agrees to these conditions.