The term “product(s) hereinafter used in these conditions, means goods and / or services, as appropriate.
Price and quotations
Unless otherwise stated, prices are set in Euro (€), excluding taxes and value estimates are valid for thirty (30) days from the date of issue.
Acquitek accepts the Customer’s order on the express condition that it has adhered to these terms and conditions of sale, which prevail over any purchase conditions. Acceptance by the Customer of these Conditions shall be deemed attained in the absence of written objection on his part or because of the acceptance of some or all of the products ordered.
Modification of order and resolution
Any modification or cancellation of an order requested by the buyer must be an express written acceptance of Acquitek, who reserves the right to charge a fee for any application received less than 30 days before the delivery date previously indicated.
Delivery and receipt of goods
Acquitek make deliveries as requested by the Customer and its availability in stock, provided that delivery is required within 12 months of the order. The times indicated on the receipts issued by Acquitek are indicative and do not allow the Customer to claim damages or cancel the order for delay in delivery. Acquitek allows himself to make partial deliveries unless the Customer’s order does not expressly stated in writing to refuse such partial deliveries. Unless otherwise agreed, deliveries are Exworks (INCOTERMS 1990).
Without dispositions prejudice to take against the carrier, claims on defects or non-compliance of the product delivered to the ordered product or packing slip must be made in writing within eight days Acquitek the arrival of products. It will be for the Customer to provide any justification as to the reality of defects or discrepancies. Otherwise, the acceptance of the Customer shall be deemed attained. All returned equipment must be authorized in advance by Acquitek, who reserves the right to charge the customer if the product is not made new, in original packaging and complete.
Risk and property transfer
Sale goods remain the property of Acquitek until full payment by the Customer (including interest and costs) pursuant to the Law of May 12th, 1980. However, the risk passes to the Customer upon delivery Exworks (INCOTERMS 1990). In the event of action for recovery, any sums paid in partial settlement of the price will automatically vested in Acquitek in compensation. Property rights are not transferable on the software products.
Taxes which are subject of sale, delivery or use of the product appear in detail on the invoice. If the Customer or sale is exempt from payment of such taxes, it must provide a certificate of exemption to Acquitek.
Billing and payment
One invoice will be issued for each delivery to the address indicated on the Customer’s order. Payments must be made against payment or, at the option of Acquitek, net thirty (30) days from invoice date. In case of advance payment the Customer will be able to deduct a discount equal to 0.5% for each full month, calculated pro rata. Unless otherwise agreed, payments will be made in Euro (€).
Acquitek may suspend all deliveries and services notwithstanding the outstanding authorized credit if in the opinion of Acquitek, the financial position of the Customer or the experience of payments recommended to do it. Customer agrees to repay the principle of costs and expenses Acquitek will have initiated against him for the recovery of his debt. Addition to the bank charges equal to two (2) times the legal rate of interest which they are exposed, the Customer may also be liable to pay a penalty clause for breach of its obligations equal to five percent (5%) of the amounts due, whether or not due, after notice from Acquitek.
Products are guaranteed against defects in materials or workmanship. For all claims received during the warranty period, Acquitek agrees, at its option and depending on the severity of the damage to the product to replace free of charge or to repair it.
Software products and software designated by Acquitek to work with such products and equipment properly installed on that product, are warranted against failure due to defects in materials or workmanship.
If such defects that prevent the program to function were observed and reported within the warranty period, Acquitek will, at its option, replace or repair the software support or software failure. Acquitek does not guarantee the performance of software, firmware, or hardware products will be uninterrupted or error-free.
If Acquitek is unable to repair or replace the product within a reasonable time, the Customer may be allowed to return the product and be reimbursed for part of the purchase price. Are excluded from coverage damage resulting from normal wear and tear, improper use or inadequate by the purchaser, the use of inappropriate or non-recommended supplies, software or interface Client; use in non-conformity environment as recommended in the specifications, improper installation or maintenance), transformation (s) or product integration with other materials, without permission of Acquitek and if the installation, maintenance, or maintenance of the product is made by anyone not authorized by Acquitek.
Unless otherwise stated, the warranty period is twelve (12) months for the goods, three (3) for repairs. The period runs from the installation Acquitek, if it is included in the sale price or the date of delivery otherwise.
Transportation costs are the responsibility of the Customer. Acquitek provides no other warranty, express or implied, including the implied warranties on merchantability and ability to particular usage.
Limitation of liability
Acquitek is not responsible for material or moral harm to any direct or indirect, whatever the cause, including operational risks such as loss or loss to which the Customer is its own insurer.
The Customer agrees not to export, re-export, directly or indirectly, any product or technical documentation Acquitek, to a country or a user for which U.S. law or local law of the country requires the issuance of license (s) or license (s), without first having completed such paperwork. The Client undertakes sole responsibility to inform users of current legislation.
Acquitek will in no way responsible for the delay or failure in delivery resulting from the denial, suspension, cancellation or delay in the issuance of the permit or export license by the administration
The failure of either party not to enforce its rights under these terms or other commitment binding them will in no way be construed as a waiver for the benefit of such rights.
The Customer may not assign or transfer in any manner whatsoever, the rights and obligations under these Terms without the express prior written acceptance of Acquitek. Any assignment made in breach of this clause shall not incur Acquitek.
Law and jurisdiction
These terms and acts governing the relationship between the parties are subject to French law. Any dispute concerning the interpretation, implementation or termination of such documents and general conditions of sale will be the exclusive jurisdiction of the courts of Evry.
Any notice or notice shall be in writing and shall be deemed to take effect at the date of receipt. Our correspondence will be sent to the address on the order of the Customer. Those of the Client will be sent to the registered office of Acquitek.