TERMS AND CONDITIONS OF SALE – STUDIES AND ENGINEERING
ARTICLE 1 – SUBJECT
Any other document, and in particular catalogues or brochures, are noncontractual and are made available for information purposes only.
ARTICLE 2 – LIABILITY
ARTICLE 3 – LIMITATION OF LIABILITY
ELPI shall not be liable for:
- all expenses linked to any production losses, late delivery penalties and/or any other unidentified or unspecified costs arising from our products or the order.
The liability of ELPI is limited to the terms and conditions stipulated in the insurance contracts it has drawn up with insurance companies. The client may obtain a copy upon request. The client considers this limitation of liability to be an integral part of the price and accepts this.
ARTICLE 4 – ORDERS - PRICE
Price excluding VAT is calculated based on the information provided by the client at the latest on the day of the signature of the quote. The price includes the project laid out in the purchase order and travel expenses as well as the submission of documents ordered in their specified format.
Any cancellation is subject to a minimum period of one month. The client declares they shall inform ELPI at least one month prior to the end of the ongoing contract of the termination of the service. Failing this, the client shall pay an amount which is equal to the number of days required to make up the minimum period (excluding travel expenses).
The price also includes the rights to use, transform and implement the documents and data submitted.
ARTICLE 5 – DEADLINES
ARTICLE 6 – RECEPTION OF THE PRODUCT
Once this delay has expired, should the client not have addressed their claim in writing to ELPI, the client is deemed to have accepted the product.
All risks, and in particular loss, theft or deterioration shall be borne by the client at the time of delivery.
ARTICLE 7 – PAYMENT
Depending on the nature of the products, partial down-payments and/or intermediary invoices may apply. The transaction shall be considered complete only once payment has well and truly been received in full.
Refusal to accept products or reservations expressed by the client do not alter the obligation to pay the price in full.
Should the payment period agreed upon by the parties not be complied with, the client shall be requested to pay the penalties which are fixed at one and a half times the legal interest rate applied to the total amount of the debt due upon expiry of the due date.
In accordance with article L.441-6 of the Code de Commerce, these penalties can be implemented as of right, upon reception of the notice informing the client that the aforementioned penalties will apply.
ARTICLE 8 – OWNERSHIP CLAUSE
Until payment in full, the client may not transform, transfer, duplicate or exploit the object of the sale without first obtaining express agreement from ELPI.
ARTICLE 9 – TRANSFER OF OWNERSHIP
ARTICLE 10 – INTELLECTUAL PROPERTY
ARTICLE 11 – CLIENT ACCEPTATION
Placing an order or accepting an offer from ELPI implies compliance with the terms and conditions of sale herein..
Only specific terms and conditions expressly accepted by ELPI may prevail over the general terms and conditions of sale herein.
ARTICLE 12 – LOYALTY - RELEASE – APPLICABLE LAW - DISPUTES
Any questions relative to the application and interpretation of these general terms and conditions of sale shall be governed by French law. Any dispute involving ELPI shall come under the exclusive jurisdiction of the Tribunal de Commerce de Saint Etienne [Commercial court of Saint Etienne].
ARTICLE 13 – LOANING OF I.T. EQUIPMENT
Upon request by the client, ELPI may make I.T. equipment available to them on their premises for the duration of the project. A deposit shall be requested corresponding to the value of the equipment loaned. This deposit shall only be paid in if the equipment is not returned to ELPI at the end of the project or at the latest within two weeks of the end of the project. Subsequently to this, extra costs incurred shall be payable by the client. The deposits shall be returned after deduction of any expenses arising from repairs to the equipment which may prove necessary in the event of damage.
Insurance covering theft, fire, natural disasters and any incidents that could affect the equipment provided is the responsibility of the client, owner or tenant of the premises where of the equipment loaned by ELPI is located.