Article 1: General Clause
The relationship between ae&t and its professional customer is subject to French law exclusively.
Our sales are subject to these general terms, which take precedence over any terms of purchase, barring formal and express dispensation on our part. Accepting quotations implies unqualified acceptance by the customer of these general terms of sale which can be viewed on our website aet.fr and are available whenever requested.
Accordingly, any order on the part of the buyer implies unqualified acceptance of these general terms of sale.
Article 2: Orders
All firm orders are irrevocably binding on the buyer. Any final cancellation of an order will be charged penalties and management fee as stated in clause 14.
Article 3: Price
Our sales prices are in euros and exclude taxes. VAT, and any tax, parafiscal or any other contribution made compulsory by the applicable regulations, as mentioned in particular in Article 15 below, will be added where necessary. The prices of the goods sold are those in force on the day of the order. The company retains the right to modify its prices at any time, particularly if the conditions of labor, raw materials, transport or customer risk are modified. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered. Typographical errors may be corrected without notice. Photos are not contractually binding. The reference data is that present on the instructions of each product. Our prices are not guaranteed if exchange rates fluctuate by more than 3% for imported devices.
The proposed prices include discounts and rebates which the company would have to grant in view of its results or the assumption by the buyer of certain services.
No discount will be granted in case of advance payment.
Article 4: Terms of payment and penalties
Unless otherwise specified, our prices are payable on the dates stated on invoices and according to the payment schedule agreed when ordering. For items made to order, and for orders of integrated systems, a down payment of 30% will be required when ordering. Thereafter, payments for deliveries of equipment and start-up services must be made 30 days end of month at the most. Total or partial non-payment of any down payment or invoice within the agreed time limit will suspend ipso jure any delivery until full settlement of the account.
In the event of late payment, and in accordance with article L.441-6 of the Commercial Code, a penalty based on 3 times the current official rate of interest and a set fee for recovery costs of €40 excluding tax will be charged. These terms of payment apply in metropolitan France. Several methods of payment are available for orders placed via the e-commerce site. For your first order, settlement by pro forma invoice will be either by bank card or by bank transfer. For other orders placed via internet, the usual terms of payment correspond to the payment schedule agreed when ordering or on the customer account. It is possible to select direct payment by bank card or bank transfer even for normal orders. If the third-party payer is located abroad, payment must be made by bank transfer, on presentation of a pro forma invoice.
Article 5: Carriage
Metropolitan France :
Unless otherwise specified in our offer or on the order form, our goods are shipped free of charge anywhere in metropolitan France, for purchases over €500 excluding tax. Under this amount, a €16 fee will be charged for delivery of orders placed on our website. For any other order process a €30 fee will be charged for administrative and shipping costs for orders below €150 excluding tax; a €16 fee will be charged for shipping costs for orders between €150 and €500 excluding tax.
Outside Metropolitan France :
A specific offer will be made depending on the concerned country.
Article 6: Packaging
Our products are shipped in standard boxes, unless the customer specifically requests otherwise in writing, in which case an additional charge will apply, depending on the type of packaging chosen.
Article 7: Transport and Delivery
Our goods are generally sent by courier for parcels under 30kg, and by haulier for parcels over 30 kg, unless the customer specifically requests otherwise in writing, in which case an additional charge will apply, depending on the chosen delivery method. Our goods are deemed delivered when the haulier hands them over or when the buyer signs the delivery notes for deliveries made by ourselves. We assume no liability when our goods are collected from our premises by our customers or their haulier. Irrespective of the mode of transport, goods always travel at the risk of the consignee, whose duty it is to inspect them on arrival and note down any reservations on the haulier's waybill and send them by registered letter with acknowledgment of receipt, in the event of damage, loss, theft, etc., send to ae&t within 48 hours of receipt.
Article 8: Delivery time
Delivery times stated at the time of ordering are given only as a rough guide. A reasonable delay cannot therefore give rise to the payment of damages to the customer, nor less open to him a possibility of resolution of the contract.
Deliveries may be suspended in cases of force majeure or if the buyer fails to honor the terms of payment, ae&t disclaiming any liability for proper shipment and delivery.
Article 9: Returns or recalls of goods
Goods cannot be returned or recalled without the prior written consent of ae&t, even if they have been checked and signed for, and only on an exceptional basis for goods delivered within the last 15 days, if returned as new, in their original packaging, carriage paid, with an indication of the delivery note numbers and delivery dates, solely for replacement. ae&t reserves the possibility of applying a reduction up to 30% on the issuing of the credit note.
In any event, goods made to order or to customer specifications cannot be recalled or exchanged even in the case of customer order error.
Article 10: Lending of equipment
For goods that it so defines, ae&t can agree to lend these free of charge in order to test the equipment on site.
In this case only, a lending delivery note is printed for professional customers.
The loan is granted for a maximum period of 15 says, after which an order must be placed or the equipment must be returned to our workshops, returned in new condition, in its original packaging, carriage paid, to the following address: Ae&t, 10 rue Lavoisier, 64140 Lons.
After 15 days, an invoice will be issued for the equipment.
Article 11: Reservation of title
Ae&t remains the owner of the goods sold to its customers until full payment of their price. These provisions do not preclude transfer of the risk of loss of or deteriorated goods to the buyer from the time of delivery, as well as any damage they may sustain. Ae&t authorizes the buyer to resell, convert or use the designated goods, subject to settling the full outstanding price before the resale, conversion or use thereof, or assigning to ae&t all or part of the debts of the buyers thereof, in the amount of the outstanding balance.
Article 12: Intellectual Property
Ae&t retains intellectual ownership of studies, drawings and pricing done on behalf of its customers. They may therefore on no account be disclosed to third parties, without ae&t's prior consent.
Article 13: Force majeure
Any circumstances of force majeure as referred to in Article 1218 of the Civil Code and, where appropriate, by case law, relieve ae&t of any liability in the event of non-fulfillment of its contractual obligations. If the event of force majeure prevented the fulfillment of ae&t's obligation for more than 15 calendar days, the period during which the contract would be suspended, the customer would be able to request the resolution of his outstanding order
Article 14: Warranty
Ae&t guarantees the conformity of its products with all the regulations applicable to electrical products that it markets.
Our products listed below are warranted against manufacturing defects, three years from date of delivery, parts and labor, return to our workshops: AB, APELO, BExCBG, BExCP, BExCS, BExDCS, BExS, BExDS, BExBG, BExL, BExDL, BLG, BRC, BRISGLA, BZ, CWB, DEV, DGW, DLX, DS, DSF, dSLB, dSLDF, DWB, GH, GNExB, GNExCP, GNExS, GNExS-R, GNExL, F100, ISM, L101LISC, MB, MCA, O270, Optason®, PA, PB, PD, PI, PIL PMB, PMF, QUADRO, WB, Tonaflash®, Tonalarm®, PELI PE brand flashlights, CAPS, ADAPTERS, RINGS, NUTS, HAWKE brand WASHERS. COMMANDER, AUTELDAC, RESISTEL, AETELEX, FERNTEL, INDUTEL, AETELCOM. Apart from this list, our products are guaranteed against manufacturing defects one year from the date of delivery, parts and labor, return in our workshops. The warranty does not cover Xenon, halogen, incandescent, LED light sources, mechanical parts of rotating and combined lights, batteries, motors, fuses, accumulators and moving parts. Our warranty is strictly limited to the repair or replacement of parts which we have found defective, provided that:
1 - The observed defect has not been caused by an external factor, such as: connection error, wrong move, impact, short-circuit...
2 - The equipment has not been repaired or altered by the user or a third party
The warranty will lapse if the equipment is misused or used contrary to the manufacturer's instructions or altered in any way whatsoever.
On no account may the faulty device be grounds for claiming any form of compensation for any reason whatsoever due to its immobilization or a shutdown in production.
On no account shall we be held liable for the harmful consequences of the use of our equipment.
Returns do not exempt the buyer from making timely payment. Returns must be shipped carriage paid.
No site visits are possible. Your return shipment must include a letter briefly outlining the reason for the return, the observed fault and the return delivery address at your cost. The warranty is only valid if the Buyer has fully met all its obligations, among others the terms of payment. If an invoice remains unpaid, the Vendor reserves the right to suspend deliveries and/or cancel the services, irrespective of their nature and progress, without prejudice to any other course of action.
Article 15: Cancellation
Any total or partial non-performance by the buyer of any of his obligations, shall give rise to a prior notice of default within eight days of the date of his notice, termination by right of the sale, without prejudice to any damages and interest. In the event of cancellation or refusal of goods at delivery, the buyer will have to pay, in addition to the transport costs, an indemnity including the compensation for services already provided, the value of the raw materials used and a penalty of fixed amount corresponding to 30% of the total amount excluding tax of the order, without prejudice of any damages and interests if necessary.
Article 16: Environment – Eco contribution
Ae&t finances the collection and recycling of the electric equipment that we put on the market, by paying a portion of the sales price of our products to an official eco-organism approved by the authorities for managing the end of the life of professional electric equipment in accordance with the regulations of the code of Environmental Law. Starting on February 1st, 2017, this eco-contribution will be added as a supplement to each product concerned and will be due in addition to the sales price net of VAT for all deliveries in France and French overseas departments and territories.
Article 17: Catalog
Due to possible misprints, certain characteristics may be modified without notice. Photos are not contractually binding.
Article 18: Software
A limited version of the software user licenses is supplied with the initial delivery or installation. Final user keys are provided only when all invoices for the proposed system have been settled. In any case, the customer shall not copy, resell, or more generally dispose of the licenses assigned to him hereunder. It is forbidden to make any use of them not in conformity with the conditions of sale, in particular by authorizing the use of a license by several users. The Client shall indemnify ae&t against any and all claims in respect thereof.
Article 19: Tolerance
The fact that ae&t does not invoke any of the supplementary clauses in the sales contract against the buyer shall not be construed as a tacit waiver of the said clauses or conditions.
Article 20: Disputes
As orders are intended solely for professional and commercial use, in the event of a dispute only the Regional Court of Pau shall have jurisdiction, even in the event of claims for third-party contributions or proceedings with more than one defendant.