General terms and conditions

1 – SPECIFICATIONS

Any order placed implies full acceptance of present General Terms which prevails over any other terms of sale or any documents issued by the customer.

Information, standards and features provided in CASTEL documents, such as brochures, instruction manuals and technical data sheets are only given for information purposes. Products listed in CASTEL documents might be modified or suppressed without prior notice. In accordance with CASTEL policy of continual improvements, we reserve the right to make any necessary modifications, even after validation of the order, without however the essential characteristics and performances being found to be effected.

2 – ORDERS

The orders placed at CASTEL are firm and irrevocable once the purchase order is issued. Minimum order and invoicing is (fifty) 50 € before tax (shipping fees excluded). Orders only become binding following a written order confirmation by CASTEL, and when all or part of requested pre-delivery payment.

3 – PRICING

The products will be invoiced with the price and VAT rate applicable at the date of the corresponding order. Specific products are subject to cost estimates valid for 3 months.

4 – DELIVERY

For the orders intended for metropolitan France, delivery occurs when goods have been unloaded at the place required by the customer. For the orders issued to French Overseas Departments and Territories or abroad, delivery occurs from the date of provision of products at CASTEL. Delivery times are only given as an estimate. Their non compliance doesn’t lead to the cancellation of an order or payment of damages and interest.

5 – COMPLIANCE – RECEPTION

The condition, the compliance, the absence of defects and the quantity of products must be verified by the customer at its own risk and expense, at the time of delivery. Any claims related to damaged or missing parts must be notified by registered letter with acknowledgement of receipt to CASTEL and the shipper together with the documents provided by CASTEL within (three) 3 days after the delivery of the products. The customer is responsible for all damage suffered by CASTEL in case of non-compliance with this procedure. If these conditions are not met, products delivered will be deemed as conforming and CASTEL shall not be held liable.

6 – RETURNS

No returns shall be accepted without CASTEL prior written agreement. The products must be returned in perfect condition in their original packaging and must not be disassembled and/or modified. Returns will give place to a credit note on a subsequent purchase, once the product returned by the purchaser has been verified.

7 – PAYMENT

Unless otherwise stipulated, invoices shall be due and payable within thirty (30) calendar days from the date of the invoice. No discount will be granted for early payment. The total price of the order is due before delivery in case of insolvency of the purchaser and/or in case of an initial order. Invoices shall be payable in cash (Euros) at CASTEL’s registered office. The customer waives his right to set-off with respect to all claims against CASTEL. Any delay of payment will cause automatically the payment by the customer of a penalty calculated on the amount of the naps remaining due of an interest rate equal to three (3) times the legal interest rate. In case of late payment, CASTEL is also entitled to obtain from the customer a fixed sum of (forty) €40, as compensation for recovery costs. Penalties are calculated without value added tax of amount due, but give rise to the imposition of VAT.

In the event that an invoice is not paid, CASTEL reserves the right without prior formal notice to modify the status of an eventually agreed ongoing order and/or suspend or cancel the delivery of such order.

8 – RESERVATION OF OWNERSHIP

GOODS DELIVERED REMAIN THE PROPERTY OF CASTEL UNTIL PAYMENT IS COMPLETE, MEANING THAT THE PURCHASE PRICE, THE COSTS ASSOCIATE WITH THE SALES AND EVENTUAL INTEREST EARNINGS HAVE BEEN PAID TO CASTEL.

In the event of non-payment even partial of an invoice in its term, the sale will be rightfully cancelled by CASTEL. The customer shall then be required to return the products to CASTEL, at its own expense and risk. Any possible part payments made by the customer will remain in the possession of CASTEL as initial compensation to cover damages without prejudice to any compensation for damages.

9 – WARRANTY

Material sold is covered by a twenty-four (24) month factory guarantee covering all operational defects originating from a material, manufacturing or design fault. The guarantee runs from the time the material is installed, so long as this is within 2 months of the date that it is made available to the purchaser.

The warranty shall cover, at our discretion, the repair or replacement of defective parts or sub-assemblies, or by default the repayment of purchase price, except any immobilisation indemnity.

We are relieved of any liability in any cases of inconveniences or incidents resulting from improper installation from third parties, improper use of our products or materials, remarkably error of connection, assembly mistake or lack of maintenance.

Under no circumstances shall CASTEL be liable for consequential losses (operational losses, loss of data, loss of time or work, financial loss, loss of customers, etc.).

The client is responsible for the cost and risk of dispatching material to CASTEL during the guarantee period. Material is returned at the purchaser’s risk.

10 – LIABILITY

In any event, in the case where the responsibility of CASTEL would be demonstrated the amount of repairs under its responsibility shall not exceed the amount of the product in question. Under no circumstances CASTEL can be held responsible for any loss or damaged caused by faulty installation by the customer. The Customer shall be solely responsible for any modifications on the products introduced by himself or by a third part. In no event shall CASTEL be liable for consequential damages such as earning losses, financial or commercial damages linked to the use or resale of products by the customer.

11 – INDUSTRIAL AND INTELLECTUAL PROPERTY

The customer is not granted any right of industrial and intellectual property on the products, particularly on their software (integrated software, PC software…) as well as on the documents provided at the time of the product sale. CASTEL does not transfer ownership to those rights. The customer is only authorised to use those software and documents for integrating products use requirements. The customer undertakes not to translate, adapt, arrange and/or modify such software, as well as to export and/or merge into other software. CASTEL retains the exclusive right to intervene on software incorporated into the products, particularly for the corrective and evolutive maintenance. The customer will hold CASTEL harmless against any claim by whomever committed on eventual possible problems related to intellectual and/or industrial property resulting from specifications that he may communicate in the manufacture or sale of products. The customer will bear responsibility for any damage compensation against CASTEL for an act of infringement or unfair competition, as a result from customer specifications as well as the costs and fees incurred to CASTEL for its defence.

12 – FORCE MAJEUR

CASTEL cannot be held liable in the event of non-execution of its contractual obligations brought about by force majeure. Force majeure is understood to mean every unforeseen circumstance, such as strikes, work disruptions or other means of civil unrest, failed deliveries by suppliers, product’s unavailability or inventory shortages, failure to provide administrative authorisation, particularly for export and resale, unavailability of means of transport.

13 – LEGAL ATTRIBUTION

All disputes arising out of or in connection with these Terms and Conditions and the contracts formed under them shall be subject to exclusive jurisdiction of the Tribunal de Commerce d’Angers (Angers commercial courts) France, that will decide under the French law, even in the case of summary proceedings, incidental claims, or in the event of there being several defenders.

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