GENERAL TERMS AND CONDITIONS OF SALE of AIRMAT TECHNOLOGY

Ownership of the goods shall not be transferred to the Buyer until full payment of the purchase price has been made (Article 1 of the French Law of 12 May 1980). Nevertheless, responsibility and risk shall pass to the Buyer upon delivery of the goods.. 

Acceptance of our offers implies agreement to the following terms, which shall apply exclusively, to the exclusion of all others.​

All orders received by us are subject to the following General Terms and Conditions of Sale:

1°)  VALIDITY OF TRANSACTIONS

Transactions entered into by our representatives shall only become final after being accepted and confirmed in writing.

2°) RESERVATIONS

To be valid, any reservations or deviations from our General Terms and Conditions of Sale must be expressly stated on the purchase order and expressly accepted by us in our order acknowledgment.

3°) CONFIDENTIALITY

Unless otherwise agreed, all drawings and documents provided to the Buyer shall remain the exclusive property of our company and, unless prior written authorization is granted, may not be used by the Buyer or disclosed to any third party.

4°) ACCEPTANCE

Our customers may inspect and accept the goods either at our premises or through an inspection body of their choice. If such inspection is not carried out, the goods shall nevertheless be deemed to have been received and accepted at our premises.

5°)  DELIVERY

All our products, even when shipped free of charge, travel at the recipient’s risk. Upon delivery, the recipient must check the quantity, verify the quality and condition of the goods before taking delivery, and pursue any claims directly against the carrier in case of damage or loss. 

If the Buyer fails to take delivery of the equipment within fifteen (15) days, we may, at our discretion: 

a) Consider the sale automatically terminated, if we so decide, without this clause being enforceable against us, in accordance with Article 1657 of the French Civil Code, by mere expiration of the period, without any judicial or extrajudicial formality. Subject to any damages resulting from the Buyer’s failure to take delivery within the prescribed period, we may then dispose of the goods for the benefit of a third party. 

b) Alternatively, at our discretion and without this clause being enforceable against us, we may formally request the Buyer by registered letter to collect the goods and, failing collection within forty-eight (48) hours, store the goods at a location of our choosing, in accordance with Article 1264 of the French Civil Code. The invoice corre​sponding to the value of these goods shall then be sent to the Buyer and shall become immediately payable, regardless of any originally agreed payment terms, together with any storage charges​. 

6°) DELIVERY TIMES

Delivery times are provided as accurately as possible, without any guarantee on our part. As our production relies on external suppliers, any delays in delivery shall not give rise to any compensation, nor justify the cancellation of the order.  

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7°) PENALTIES 

We generally refuse orders including penalty clauses. If we exceptionally accept such clauses, they are only valid if they also include a bonus clause for early delivery. To be valid, penalties must provide a minimum grace period of 15 days and be capped at 5% of the order amount excluding taxes. Penalties may only apply if the customer proves the actual damage resulting from our delay. 

8°) FORCE MAJEURE

Accidents in our factories, labor shortages, strikes, wars, political events, irregularities in the supply of raw materials, and similar events shall be considered as cases of force majeure, entitling us to suspend or terminate our obligations or to extend the agreed deadlines, without giving the Buyer any right to compensation. Ownership of the goods will only be transferred to the buyer after full payment of the sale price (Article 1 of the Law of 12 May 1980). However, liability and risks pass to the buyer as soon as the goods are made available. . ​

9°) PRICE – PAYMENT TERMS

 Unless expressly agreed otherwise, our invoices are payable within thirty (30) days from the invoice date, without any deduction or discount.

For orders exceeding €4,000 (excluding VAT), a 30% deposit shall be required upon order confirmation, with the balance payable according to the agreed terms. For any first order, payment prior to production shall be required. Outside France: For all orders, payment prior to production shall be required.

Unless otherwise stated in our order confirmations, our prices are exclusive of taxes, except where expressly indicated.

In the event of non-payment of any installment, all other installments shall immediately become due, without prior notice, even if they have been the subject of bills of exchange. In general, agreed payment dates may not be postponed under any pretext, including in the event of a dispute.

“For all professional clients, in addition to late payment penalties, any sum, including the deposit, not paid on its due date shall automatically incur a fixed recovery fee of €40 (Article L.441-6, paragraph 12, and D.441-5 of the French Commercial Code).”

Pursuant to legal provisions, the Buyer shall also automatically be liable for interest on late payment equal to the rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points

- Pour les commandes supérieures à 4 000 € HT, un acompte de 30% sera demandé à la confirmation de commande, le solde devant être réglé suivant conditions. Pour toute 1ère commande, un paiement avant fabrication sera demandé. 

Hors France : Pour toute commande, un paiement avant fabrication sera demandé. Si nous n’avons pas mentionné d’autres conditions dans nos confirmations de commande, nos prix s’entendent hors taxes, sauf cas particulier expressément notifié. A défaut de paiement à l’une quelconque des échéances, les autres échéances deviendront immédiatement exigibles, sans mise en demeure préalable, même si elles ont donné lieu à des traites.

10°) ORDER MODIFICATIONS

Any modification to an order automatically cancels all previously accepted conditions regarding prices, deadlines, penalties and delivery methods. It may also result in full cancellation of the order by us, without any right to compensation. ​

 

 11°) WARRANTY

Our products are covered by a twelve (12) month warranty. This warranty applies exclusively to our products and covers any manufacturing defects attributable to us that render the products unfit for their intended use. It does not cover any consequential damages that may result from such defects. The warranty period begins on the date of delivery of the products to the Buyer or to a previously agreed location.

For equipment not manufactured by us, the warranty conditions of the original manufacturers shall apply. The warranty does not cover issues arising from abnormal use of the machine, improper control of its operation, insufficient maintenance, or normal wear and tear.

For any repair carried out by our services, the warranty is limited to three (3) months.

Our warranty is limited to the free replacement of defective parts or components, or their repair at our workshops. Unless otherwise agreed, the disassembly of defective parts and the installation of replacement parts shall be performed by the Buyer at its own expense. Parts must be sent to us carriage paid, and they will be returned at the Buyer’s expense if found to be in satisfactory condition.

Parts will be returned carriage paid only if repairs or replacements have been performed under the warranty.

During the exercise of the warranty, the Buyer may not object to any modification deemed necessary, nor claim any compensation for the unavailability of the delivered equipment. .

12°) ORDER MODIFICATIONS

Any modification to an order automatically cancels all previously accepted conditions regarding prices, deadlines, penalties and delivery methods. It may also result in full cancellation of the order by us, without any right to compensation.

13°) RETENTION OF TITLE

All our sales are concluded under retention of title. The Seller shall retain full ownership of the goods subject to the contract until full payment of the invoiced price. From the time the goods are made available, the Buyer shall assume responsibility for any damage the goods may suffer or cause, whatever the cause. Until full payment is made, the goods may not be resold without the prior consent of the Seller. In the event that the Buyer fails to meet any payment deadline, the Seller, without prejudice to any of its other rights, may demand by registered letter with acknowledgment of receipt the return of the goods at the Buyer’s expense until the Buyer has fulfilled all of its obligations.  

Le vendeur conservera l’entière propriété des biens faisant l’objet du contrat jusqu’à complet paiement du prix facturé. A compter de la mise à disposition, l’acheteur assumera la responsabilité des dommages que ces biens pourraient subir ou occasionner, pour quelque cause que ce soit. 

Jusqu’à complet paiement, les biens ne pourront être revendus sans l’accord préalable du vendeur. En cas de non-respect par l’acheteur d’une des échéances de paiement, le vendeur sans perdre aucun de ses autres droits, pourra exiger par lettre recommandée avec accusé de réception, la restitution des biens aux frais de l’acheteur jusqu’à l’exécution par ce dernier de la totalité de ses engagements.

14°) INSURANCE

We have taken out civil liability insurance covering bodily injury and material damage caused by defects in our equipment or by our service interventions. These policies include coverage limits beyond which we decline all liability. Customers may request these limits to complement their own insurance ​or discuss additional coverage options.

15°) APPLICABILITY OF OUR GENERAL TERMS AND CONDITIONS OF SALE

In the event of any dispute, including any dispute relating to the formation or performance of the contract, the courts h​aving jurisdiction over the location of our registered office in Lens (62300) shall have exclusive jurisdiction. This clause shall apply even in cases of summary proceedings, incidental claims, multiple defendants, and regardless of the method or terms of payment.​

15°) APPLICATION DE NOS CONDITIONS GENERALES DE VENTE

 En cas de litige de toute nature comme en cas de contestation relative à la formation à l’exécution du contrat, les tribunaux dont relève notre siège social de Lens (62300) sont seuls compétents. Cette clause s’applique même en cas de référé, de demande incidente ou de pluralité de défendeurs et quel que soit le mode et les modalités de paiement.