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General terms of saleThe present general terms of sale govern all sales of products featured in OVIO Instruments’ catalogues or on its Internet site www.top-oscilloscopes.com. The act of placing an order therefore implies full acceptance without reservation by the purchaser of these general terms of sale to the exclusion of any other provision. Any condition to the contrary introduced by the purchaser will therefore not be binding on OVIO Instruments, failing express acceptance. Failure by OVIO Instruments to enforce any one of the present general terms of sale at a given time cannot be interpreted as a waiver to enforce any one of the said terms later.Moreover, OVIO Instruments reserves the right to refuse any order from a client with whom there is litigation with respect to the payment of a prior order.
All OVIO Instruments prices are in Euro and correspond to departure from Evreux – 27000 France.They may vary in the course of the year, on the understanding that the products ordered will be invoiced at the price in force on the day the order is registered.VAT is invoiced, if applicable, at the legal rate in force.
Reservation of title:
OVIO Instruments reserves title to the delivered goods until full payment of all mounts due to it by the purchaser in relation to the delivery of those goods.The purchaser’s signature on the order form or delivery slip for the goods in itself implies acceptance of the present reservation of title clause without further formality.
For orders made by Internet, an order validation in the form of a detailed receipt is sent to the email address indicated by the purchaser. This receipt constitutes proof of the order and its date.
OVIO Instruments undertakes to satisfy orders received within the limit of available stock and where there is no default of one of its suppliers. Where a product is unavailable after the purchaser has placed his order, OVIO Instruments undertakes to inform the purchaser as soon as possible and provide an estimate of the time it will take to receive the product. If the purchaser wishes, his order may be cancelled
1) Transport Transport will be carried out according to the Incoterm selected at the time of the order. We draw your attention to the fact that the FCA Incoterm implies that the forwarding agent is based in mainland France.
2) Delivery In order to comply with customs laws, OVIO Instruments reserves the right to modify, without notice, the quantities or packaging of certain products. In no event will OVIO Instruments be held liable for the consequences of product quota systems set up in certain countries.
3) Terms of DeliveryThe terms of delivery indicated are average terms for indicative purposes and correspond to the time taken for processing the order and delivery.In the case of goods that can only be delivered on different dates due to their availability, the term of delivery is based on the longest indicative time. However, OVIO Instruments reserves the option, on agreement with the purchaser, to split deliveries. In this case, the contribution to transport costs will only be invoiced once.
The recipient is requested to verify the state of the outside of the parcel upon receipt, in the presence of the transporter.Hand-written and signed reservations referring to the anomaly issued on the delivery slip must be made where any anomaly is observed at the time of delivery (damaged or missing parcel, breakage, damage etc.), and this must be confirmed by registered letter to the transporter within 72 hours of delivery. A copy of this letter must also be sent to OVIO Instruments within the same time period.Transport must be insured for all risks, except for instructions to the contrary (notably the exclusion of war risks). The recipient will be in charge of making the usual reservations within 48 hours to the transporter. Under the general terms of the transport insurance policies, the goods onlyremain insured for a maximum period of 15 days after notification of receipt sent to the recipient by the transporter. The purchaser is in charge of all customs clearance procedures during this period. After that, the goods are no longer insured and no reimbursement will be possible, notably in the case of breakage, missing goods or damage.
Our invoices are payable by credit card online. The terms of payment mentioned on the quotes and pro forma invoices issued by OVIO Instruments are fully applicable.Amounts which have been invoiced but not paid when due will automatically bear interest at a rate equal to one and a half times the legal interest rate.
All delivered products are contractually guaranteed, as from the date they are sent, against any manufacturing defects under normal conditions of use.OVIO Instruments will only be liable for the replacement of faulty parts, repair and transport costs back to your premises.Unless specified to the contrary, in OVIO Instruments’ catalogues or documents, the contractual guarantee is for a term of two years, except for magnetic media (such as video cassettes and CD-ROMs) and certain equipment (notably electronic, in particular home computers) for which the guarantee may be for a shorter term.
This guarantee does not cover:– the replacement of consumable items (batteries, bulbs, fuses etc.)– the replacement of glass items (such as lamps, tubes etc.), – the replacement of parts worn down through normal wear and tear, – abnormal or non-compliant use of the products and – defects and their consequences that are related to any external cause.
In any event, the present guarantee will not prevent the application of the statutory guarantee provided under article 1641 of the French Civil Code relating to hidden defects.
The products proposed in OVIO Instruments’ catalogues or on its Internet site comply with French law in force at the date they are sent. They must be used in accordance with any notices and instructions for use which may be supplied with these products.
OVIO Instruments will not be liable where one of the products supplied has been modified without its prior agreement or in the case of use that is abnormal or not in accordance with the instructions set out in the notices and instructions for use which may be supplied with these products.Photographs, text, graphics, information and characteristics reproduced in OVIO Instruments’ catalogues and on its Internet site illustrating the products are not contractually binding.
Consequently, OVIO Instruments will not be liable for any error or omission in one of these photographs, texts, graphics, information or characteristics of the products.OVIO Instruments will not be liable for the consequences of delay in delivery. OVIO Instruments will not be liable for any indirect loss due to the present document, operating losses, loss of profit, loss of opportunity, harm or costs which could arise due to the purchase of the products. Total or partial impossibility to use the products due to incompatibility of the equipment will notably not be able to give rise to any compensation, reimbursement or to OVIO Instruments’ liability.
RESPONSIBILITY FOR THE PROCESSING OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
In accordance with France's implementation of Directive 2002/96/EC of the European Parliament and of the Council dated 27th January 2003 with regard to waste electrical and electronic equipment (WEEE) transposed into French law: unless otherwise provided, the end user of electrical or electronic OVIO Instruments equipment marketed by OVIO Instruments should ensure and finance the removal and processing of resulting waste products. The processing of waste resulting from electrical or electronic equipment should be carried out at the end user's expense or any person appointed by him/her within facilities that meet the requirements provided for by articles 21 and 22 of decree n°2005-829 of 20th July 2005, in accordance with the clauses that come under title I of Book V of the Environmental Code.
All the elements, brands, designs, logos, graphics etc. featuring on the products mentioned in OVIO Instruments’ catalogues or on its Internet site are the exclusive property of OVIO Instruments or of its suppliers and cannot be taken over in any event.The content of certain products may be subject to copyright. All use of such products or their content in breach with intellectual property rights law shall be liable to disciplinary action for infringement.
SATISFIED OR REIMBURSED
If one of the products ordered fails to meet the expectations of the purchaser, he can, within 15 days of receipt of the product, return it to OVIO Instruments, the cost of the return being borne by the purchaser.This product will therefore, at the purchaser’s discretion, either be exchanged or replaced by a credit note (which may be set off against a future invoice).The present right to return will only be accepted if the products are complete, in their original state (packaging, accessories, instructions for use etc.) and with the original of the delivery slip duly filled in on the reverse side (correspondence slip).This right to return does not apply to living or preserved biological material or to products that may be reproduced immediately that are unsealed or taken out of their cellophane wrapping (software, CDs, DVDs, Videos etc.), as well as products that are made according to the purchaser’s specifications or highly personalized (such as bespoke furniture, notably).In the case of exchange, OVIO Instruments will bear the cost of sending out the new product.The purchaser is advised to contact the export department of OVIO Instruments before taking any action in order to help him exercise his right to return in the best possible manner in view of the complexity of customs formalities.
AFTER SALES SERVICE
For any information or query, OVIO Instruments’ customer department may be contacted as follows:
Telephone: +33 (0)188.8.131.52.70 – from Mondays to Fridays from 8.30 a.m. to 5.30 p.m.
Fax: +33 (0)184.108.40.206.40
Through OVIO Instruments Internet site:http://www.top-oscilloscopes.com
Postal address: 26-32 Avenue des Frères Lumière, Bâtiment CTrappesZA Trappes ElancourtFRANCE78190
OVIO Instruments can only guarantee repairs and/or the supply of spare parts insofar as this is possible with respect to its suppliers.
APPLICABLE LAW AND JURISDICTION CLAUSE
The present terms are subject to French law. Any dispute between the Parties will come within the exclusive jurisdiction of the Commercial Court of Versailles, to which the Parties expressly grant jurisdiction, notwithstanding any clause to the contrary, plurality of defendants and/or activation of guarantee, even for emergency proceedings and interim protective proceedings or by request to the judge . The domicile or place of payment on negotiable instruments is neither a novation nor derogation from the present jurisdiction clause.
OVIO Instruments undertakes not to disclose the personal information it receives to third parties. This information is confidential and will only be used by OVIO Instruments’ internal departments for processing orders as well as for making the communication and offer of OVIO Instruments’ products and services more efficient and personal.Any person has the right to gain access to, rectify and oppose personal data concerning him.
MODIFICATION OF THE GENERAL TERMS OF SALE
OVIO Instruments reserves the right to adapt or modify the present general terms of sale at any time. The new general terms of sale will only be applied, as the case may be, to sales made after the said modification.