general terms and conditions of sale
1- GENERAL
All orders imply complete and unreserved adherence to these terms and conditions of sale. The causes stipulated on the order forms of the customers cannot modify our conditions of sale, except derogations which will have to be expressly accepted by us. The prices and information contained in the catalogs and other technical documents are not binding on the seller, who reserves the right to make any changes to the layout, shape, size or material of its products, sub-assemblies or elementary parts constituting them.
2- OFFERS / ORDERS / INVOICE
Unless otherwise agreed, our offers are only valid for the period indicated and, failing that, for 30 days following their establishment. The plans, documents and studies remain our property and may under no circumstances be copied or communicated to third parties. An order is valid only after an acknowledgement of receipt from us. In the event of any modification or cancellation of an order, the indemnity requested depends on the state of progress (finished parts or work in progress as well as tools and supplies specially made up for the said orders). No invoice for an amount of less than 150 Euro (excl. VAT) will be issued. We may need to group several orders or order balances on the same invoice to reach this minimum amount.
3- PRICE
Our prices are ex warehouse, unless otherwise agreed in writing. Toute variation dans les cours des éléments constitutifs de nos prix de revient nous autorisera à modifier nos prix au moment de la livraison, selon les conditions légales.
4- DELIVERY TIME
Our deadlines are always indicated in good faith and according to our specifications and possibilities at the time of the offer. Our best care is brought to the strict observance of the deadlines, but in no case a delay will be able to justify a cancellation of order or a request for compensation.
5- TESTS / CERTIFICATES
All our materials are tested before delivery. Acceptance tests carried out in our workshops by inspection bodies or by the customer as well as certificates of conformity will be invoiced at a flat rate.
6- TRANSPORT AND DELIVERY
The goods are shipped, postage and packaging at the customer’s expense. The goods travel at the risk and peril of the customer, who is responsible for checking the shipments on arrival and exercising, if necessary, recourse against the carriers. The shipping date is the one that determines the deadline regardless of the date of receipt by the customer, as the seller cannot be held responsible for transport delays.
7- GUARANTEE
Our equipment is guaranteed for 12 months from the date it is made available against any design, manufacturing or material defect. The exercise of the guarantee is subject to a written request from the purchaser, formulated during the above-mentioned guarantee period and within 15 days of the discovery of the defect, and to the return, except in special cases, of the equipment to the address indicated by the vendor. The warranty is limited to the repair or replacement of the part found to be defective. Under no circumstances can it imply the possibility of a claim for compensation or damages. It is expressly agreed that the Seller’s warranty is strictly limited to the foregoing and does not apply to replacement and repairs resulting either from normal wear and tear or from damage caused by faults, negligence, lack of maintenance and supervision, improper installation or failure to comply with our maintenance and commissioning instructions. Our guarantee ceases from the day on which the purchaser or a third party carries out modifications or repairs without our agreement. Replacement, modification or repair of parts during the warranty period cannot extend the warranty period.
8- TERMS OF PAYMENT
Payments are made to the seller’s domicile, net and without discount, in Euro and are due according to the stipulations of the quotation and the order acknowledgement. For any customer who does not have an open account with the seller, payment is due in cash at the time of order. The terms of payment are established according to the references of use at our home. Payments are due within 30 days on the 10th of the following month, except for special conditions and laws in force. In the case of manufacture on estimate, 30% of the amount of the order will be required as a deposit, the balance according to the agreement provided for at the registration of the order. Any significant change in the financial or economic situation of the purchaser, even after partial execution of the orders, may lead to the revision of the terms of payment of the latter.
9- DEFAULT OF PAYMENT
The terms of payment cannot be delayed under any pretext whatsoever, even contentious.
Failure to return a bill of exchange within the legal time limit may result in the suspension of the execution and delivery of all current orders.
Any postponement of the due date for payment or any unilateral modification of the terms of payment without the agreement of the seller will result in the same provisions on the part of the latter as the non-payment of a due date.
Non-payment of a due date will result in the following conditions:
– Suspension of the execution and delivery of all pending orders
– Payment of interest on arrears calculated on the basis of a rate not less than 1.5 times the legal interest rate.
– The seller reserves the right to claim from the buyer the costs of collection and litigation.
10- RESERVATION OF OWNERSHIP
All our sales are concluded with reservation of ownership.
Consequently, the transfer of ownership of the goods sold is suspended upon full payment of the price (articles 121 and 122 of the law N°85-98 of January 25, 1985).
11- ASSIGNMENT OF JURISDICTION
In the event of a dispute relating to a supply or its payment, the courts within the jurisdiction of the Seller’s registered office shall have exclusive jurisdiction, regardless of the agreed place of delivery and method of payment, even in the event of an action in warranty and multiple plaintiffs or defendants.
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Presentation of the site
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the site https://www.servat-technologies.com/ are informed of the identity of the various parties involved in its implementation and monitoring:
Owner : Servat Technologie – 16 rue des Quilles,
77700, Chessy. France
Site created by Stéphane Buyens
Publication manager: Servat Technologies – contact@servat-technologies.com
The person in charge of publication is a natural person or a legal entity.
Hosting : OVH – 2 rue Kellermann – 59100 Roubaix – France.
Description of services provided
The purpose of the website https://www.servat-technologies.com/ is to provide information concerning all the activities of Servat Technologies. Servat Technologies strives to provide the most accurate information possible on the https://www.servat-technologies.com/ website. However, it can not be held responsible for omissions, inaccuracies and shortcomings in the update, whether caused by itself or by third party partners who provide this information. All information on the site https://www.servat-technologies.com/ is given as an indication, and are subject to change. In addition, the information on https://www.servat-technologies.com/ is not exhaustive. They are given subject to changes that have been made since they were put online.
Contractual limitations on technical data
The site uses JavaScript technology. The website cannot be held responsible for material damages related to the use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free material and with a latest-generation, up-to-date browser.
Intellectual property and counterfeits
Servat Technologies is the owner of the intellectual property rights or holds the rights to use all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds and software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written permission of Servat Technologies.
Any unauthorized use of the site or of any of the elements it contains will be considered as an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
Limitation of Liability
Servat Technologies cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the https://www.servat-technologies.com/ site, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Servat Technologies shall also not be liable for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the https://www.servat-technologies.com/ website.
Interactive spaces (possibility to ask questions in the contact area) are available to users. Servat Technologies reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If need be, Servat Technologies also reserves the right to question the civil and/or criminal liability of the user, in particular in the case of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).
Management of personal data
In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.
During the use of the https://www.servat-technologies.com/ website, the following may be collected: the URL of the links through which the user accessed the https://www.servat-technologies.com/ website, the user’s access provider, the user’s Internet Protocol (IP) address.
In any case Servat Technologies only collects personal information about the user for the need of certain services offered by the https://www.servat-technologies.com/ website. The user provides this information with full knowledge of the facts, especially when he enters it himself. It is then specified to the user of the site https://www.servat-technologies.com/ the obligation or not to provide this information. In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, data files and liberties, any user has a right of access, rectification and opposition to personal data concerning him/her, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the reply should be sent. No personal information of the user of the site https://www.servat-technologies.com/ is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of Servat Technologies and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data towards the user of the site https://www.servat-technologies.com/. The site is not declared to the CNIL because it does not collect personal information. The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
Hypertext links and cookies
The site https://www.servat-technologies.com/ contains a certain number of hypertext links to other sites, set up with the authorization of Servat Technologies. However, Servat Technologies does not have the possibility to verify the content of sites visited in this way, and therefore assumes no responsibility for this fact. Browsing the site https://www.servat-technologies.com/ is likely to cause the installation of cookie(s) on the user’s computer. A cookie is a small file, which does not allow identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation. Refusal to install a cookie may result in the inability to access certain services. The user can however configure his computer in the following way, to refuse the installation of cookies: Under Internet Explorer: tool tab (cog icon in the top right corner) / internet options. Click Privacy and choose Block all cookies. Validate on Ok. Under Firefox: At the top of the browser window, click on the Firefox button and go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: Use custom settings for history. Finally uncheck it to disable cookies. Under Safari: Click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click Show Advanced Settings. In the Privacy section, click Content Settings. In the “Cookies” section, you can block cookies. Under Chrome: Click at the top right of the browser on the menu icon (symbolized by three horizontal lines). Select Settings. Click Show Advanced Settings. In the “Privacy” section, click on preferences. In the “Privacy” tab, you can block cookies. The site is not declared to the CNIL because it does not collect personal information. The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
Applicable Law and Jurisdiction
Any dispute in connection with the use of the site https://www.servat-technologies.com/ is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.
The main laws concerned
Law No. 78-87 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 relating to information technology, files and freedoms. Law No. 2004-575 of 21 June 2004 for confidence in the digital economy.
Glossary
User: Internet user connecting, using the aforementioned site.
Personal information: “information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies” (Article 4 of Law No. 78-17 of January 6, 1978).
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SERVAT TECHNOLOGIES
16 rue des Quilles,
77700, Chessy
Téléphone: 0033.(0) 1 61 10 06 84
Fax: 0033.(0) 1 61 10 06 49
Email: contact@servat-technologies.com
Web: servat-technologies.com