All the versions of this article:
1.Placing an order implies the formal acceptance of the present terms and conditions, which override any other terms and conditions stipulated or incorporated or referred to by the customer, unless otherwise specified in writing by us.
2.Orders must be confirmed in writing by the customer, complete and specified in all the parts, accepted and confirmed by the seller.
3.The delivery time starts from the receipt of written order, validated by our acknowledgement of receipt
4.Cancellation of any order or part of an order will only be accepted on terms agreed by us on writing. In any case the down payment will remain the property of SEA TECH & FUN EUROPE
Our prices are indicative only. They include VAT, EXW Les Arcs sur Argens, freight and packaging excluded (Incoterm 1990 Nr. 460), unless otherwise specified. They are calculated upon economic conditions known at the moment of the estimate. In case of fluctuation of the exchange rate, invoicing will be established upon the new economic conditions in force at the moment of the execution.
1.The agreed delivery times are given for information only and the non-observation cannot lead to the cancellation of the order, nor the refusal of the goods, expenses or damages.
2.Delivery is always reputed made in our warehouse (EXW). All shipments are carriage prepaid by us, but will be invoiced to the customer. The goods travel at the customers risk. The customer should insure the transportation.
3.We reserve the right to deliver a part of an order with the related invoice; in this case, any part of the order must be considered as a separate contract. Therefore the buyer cannot take advantage of waiting for the remaining goods to defer the related payment.
4.In case of Force Majeure, Sea Tech & Fun Europe shall not be held responsible for any failure of performance hereunder or for damages caused by any delay or default due to any contingency beyond its control preventing performance hereunder, including, without limitation, war, laws, embargoes, export, shipping or remittance restrictions implemented by governmental authorities, strikes, lockouts, accidents, fires, delays or defaults caused by carriers, floods or seizure, or control or rationing imposed by governmental authorities.
5.If delivery is not possible at the agreed delivery time because of the buyer, we reserve the right to dispose of the goods.
6.It is buyer’s responsibility, unless otherwise specified, to take charge of the costs and risks of the carriage of the goods sold once they have been handed over to the carrier. He will control the delivery and will be in charge of potential claims.
Goods are invoiced according to the price list valid at the time of delivery. All our invoices are payable cash to our head office.
Unless otherwise stated by us, the default in the payment at the expiry date means for the purchaser an interest at the legal rate PIBOR increased by 3 % without prejudice of recovery charges and damages equal to 15 % of the unpaid amount, whatever the mode of payment is and without need of ordering the customer to pay, the debtor having to pay of the simple fact of the expiration date being exceeded.. The default in the payment at the expiry date leads to the immediate pay ability of the further installments, if no result has been achieved after ordering the customer to pay. In the case SEA TECH & FUN EUROPE would have to start legal proceedings to recover all or part of an invoice, the buyer will have, as of right, to pay an inclusive compensation equal to 15 % of the amount of the remaining sum at the date of the judgment. We do not accept special conditions without having agreed on specifications that contain them. No deduction on the payment for the cost of proportion or others costs are accepted. A payment title (draft or other) is not considered as a payment. These arrangements do not apply in case of invoice partly disputed under the condition that the dispute is recognized reasonable. Goods remain property of the provider until full payment of the price. In case of non-payment, the seller will take back the goods that he still owns at the customer’s expenses and will have the right to cancel the contract by registered letter. In case of liquidation and claim carried out, the down payments received by the seller will be gained as compensation non exclusive of additional damages. In case of overdue payment, not imputable to a case of absolute necessity or supplier’s fault, the delivery losses on exchange rate as well as interests of related delay will be charged to the customer. In case of invoicing in foreign currencies, the loss on exchange rate of currencies will be at the customer’s expenses.
The products benefit from the guarantees described in the specific document available on request. The guarantee does not insure, in any case, the risk for the people or the goods directly or indirectly concerned. We shall not be liable in any case, for consequences of using our products without following our instructions and/or for conditions of use that are beyond our control. The guarantee does not apply to replacements or repairs resulting from normal wear and tear of the product, deterioration, or accident due to carelessness, lack of maintenance and supervision. Our guarantee disappears if the material is altered or repaired without our agreement. The replacement, alteration or repair of parts during the guarantee period cannot have the effect of extending the period of guarantee of the goods. All claims relevant to either quality or quantity of goods, to be taken into consideration, will have to be done in writing within a period of 8 working days from the receipt of goods. In all cases our responsibility is limited to the replacement of the items admitted faulty, excluding any other compensation whatever the nature. The latter is not valid if the damage is caused by causes beyond our control (strong wind, storm, hurricane, etc..) or causes that are a consequence of natural catastrophe admitted as such by the authorities of the place where the damage took place. On the other hand, we apply the legal guarantee on the consequences of the hidden flaw or fault that would be revealed on the goods sold, as long as they are pointed out to us as soon as they appear. The guarantee is limited to the replacement of the parts. The customer pays the transport costs back to the factory and the parts coming from foreign countries have to be sent in temporary transit, at the customer’s expenses.
All dispute shall be settled by the court of Draguignan (France) and the price list valid at the time shall be the only settlement base accepted whatever the conditions of sales and the mode of payment are, whatever the number of defenders, whatever the claims, even in the warranty and whatever the sales conditions of the correspondents FOREIGN COUNTRIES: All disputes arising in connection with the present contract shall be finally settled under the rules of conciliation and the arbitration of the International Chamber of Commerce, whatever the conditions of sales and mode of payment are, according to the regulations and customs defined by the Incoterms 1990 publications n° 460 and according to the arrangements within the present contract, the latter being judged according to French laws.
CANCELLATION BY RIGHT
In case of defaulting by one of the parts, the present contract will be cancelled by right in favor of the party with no damages and interest for the faulty party. The cancellation will be effective 8 days after sending a registered letter reminded useless.
This present contract translated into English does not override the French contract which must be considered as the authentic master copy
Any dispute related to the sales hereby, including case of guarantee or of plurality of defenders would be, for lack of amicable arrangement, settled by the commercial court of Draguignan (France).