Impressum

Herausgeber

PREDICTIVE IMAGE SAS
193 Rue de Chassolière | 38340 VOREPPE
contact@predictiveimage.fr
Telefon: +33 (0)438021034
SIRET-Nummer 529 131 955 000 13
Umsatzsteuer-ID: FR92 529 131 955

Verantwortlich für die Veröffentlichung

PREDICTIVE IMAGE

Hosting dieser Website

GANDI SAS
63-65 boulevard Massena - 75013 Paris - France
+33 (0)1 70 37 76 61

Credits

Ersteller dieser Site : agence web twee b

 

Terms and Conditions of Sale

Clause 1. General

Purchase orders are valid and binding only when a confirmation copy is expressly accepted by Predictive Image, the Seller, hereinafter called “the Company”.

Unless expressly accepted in writing by the Company, these Terms and Conditions of Sale shall govern the contractual relationship between the Company and its Buyers.

Unless expressly accepted in writing by the Company, the Buyer’s general or specific conditions of purchase or sale are not enforceable against the Company.

The Buyer’s acceptance and holding of any item shall imply full agreement of these Terms and Conditions of Sale.

No matter the information furnished with the Products through a catalogue, leaflet, price list or salesperson, this is for indicative purpose only, no warranty is given.

We reserve the right to modify our devices in shape, size or material if appropriate even after an order has been passed, but we may not change its major features.

 

Clause 2. Offer

The conditions of this offer are valid only for the supplies stated in the quotation, not for any other supplies.

The weights indicated are approximate; the Company is in no case bound to provide any production drawing even when a layout is provided.

Delivery conditions (EXW, DAP ...) are based on the International Chamber of Commerce 2023 incoterms®.

 

Clause 3. Prices and terms of payment

Prices are net exclusive of duty, taxes or customs duties regarding the goods.

Invoices are payable thirty (30) days end of month, unless otherwise agreed in writing by both parties on the front of the confirmation order.

The Company is entitled to demand payment in cash before delivery should the Buyer be reported insolvent with, for instance, protests, insufficiently provisioned cheques, postponement proposals – even settled amicably, balance sheets showing a loss or not made public, failure to pay for another delivery or any other circumstance likely to jeopardize payment on time.

Any partial delivery can be invoiced separately.

 

Clause 4. Delivery–shipment

Any delivery time is given for information purposes only.

The Buyer is not entitled to cancel an order unilaterally on account of a delay unless the Company is formally noticed in writing and a new delivery date is agreed upon in writing by both parties.

No liquidated damages for late delivery shall be granted to the Buyer.

The Company can make partial deliveries.

Goods delivered free house are deemed delivered when handed over to the Buyer by the carrier. When handed over to a carrier by the Company toward being delivered to the Buyer, goods are deemed delivered at shipping point.

Once the products are delivered, risk relating thereto is passed to the Buyer.

 

Clause 5. Late payment interests & penalty clause

Any invoice unpaid for at due date shall be increased by right and without formal notice of an amount equal to ten percent (10%) of the price of the goods as account of an irrevocable lump sum indemnity, with a minimum charge of €40.00.

Additionally, unpaid invoices shall be increased of an amount equal to ten percent (10%) per year, from due date until closed date for payment.

When payment is deferred, balance due shall immediately be payable in full should the Buyer default on any payment on due date.

 

Clause 6. Title retention & express cancellation clauses

Without prejudice to the above arrangements, ownership of products shall remain with the Company until payment, including possible interests, is made in full.

The Buyer shall on no account modify, combine or use the products in any way as long as they remain the ownership of the Company pursuant to the first paragraph in this clause.

In the meantime, the Buyer undertakes to keep and store the products in such a way that they can be easily identified as belonging to the Company.

Also, the Buyer shall on no account sell, rent or offer a third party any title, pawn or grant any security interest to a product as long as they remain the ownership of the Company pursuant to the first paragraph in this clause.

The Buyer is responsible for taking all the measures necessary to ensure title retention and shall inform the Company on the location of the products and guarantee free access to them if requested by a Company’s representative entitled to take back the products at first request should the Buyer default on effective payment.

In the event of any bankruptcy, seizure, foreclosure or claim on the products sold, the Buyer shall immediately inform any trustee or court bailiff about this title retention clause. The Buyer shall also inform the Company about any bankruptcy, seizure or foreclosure on the products under this clause.

In the event of an invoice remaining unpaid for at due date or if there’s any sign of insolvency, bankruptcy or liquidation, the Company is by right entitled to immediately report by registered mail the Contract as avoided, without prejudice to its right to restitution of the products or to its right to compensation.

 

Clause 7. Claims

Any claim about the goods delivered shall be brought to the attention of the Company within eight (8) days from delivery time.

Any claim about a notation mentioned on an invoice shall be submitted within three (3) days after receipt thereof.

In the event of a disagreement, the Buyer shall not be entitled to delay the payment of invoices for an amount superior to ten percent (10%) of the amount pertaining.

Any claim shall be submitted in writing.

 

Clause 8. Warranties

Our equipment is warranted for one-year from the time of delivery on, unless any other arrangement has been written on the face of the confirmation order (see Clause 1), against any internal failure or faulty operation caused by design flaw, defect in materials or failure of performance.

Our warranties shall not apply in the event of:

 

Warranties include repairing, modifying or replacing faulty parts or devices without delay, with the Company bearing all costs, including parts and labour.

The Company shall be liable only to these obligations and not bound to compensate the Buyer for any damage suffered such as personal damage, property damage to goods discrete from the subject-matter of the Contract, or shortfall.

As far as systems or devices not manufactured by our company are concerned, the scope and duration of coverage shall not exceed that of the warranty granted by the manufacturer or seller.

This warranty shall terminate by right should the Buyer modify or repair our devices on its own initiative and without our specific consent.

 

Clause 9. Force majeure, frustration of purpose

The Company shall not be considered in default for any failure or delay in performance of its obligations hereunder due to a force majeure event. Will be considered as a force majeure event any accidental case regarding employees or equipment normally in use by the Company likely to impede the performance of the Contract or so difficult or excessively onerous that it becomes reasonably impossible to immediately perform the obligation.

Also considered a force majeure event is any new and unexpected action by public authorities, any delay in delivery, bankruptcy or inventory shortage by a supplier, warfare, fire, flood, strike, lock-out, etc.

In the event of a force majeure the Buyer shall neither receive any compensation payment nor claim for the completion of the Contract.

If a drastic, unforeseeable and durable change in the economic conditions taken into account at the time the Contract was entered into by the Parties, the Company or Seller would ask for the Contract to be reviewed so as to restore its original economics. The Parties agree to renegotiate the terms of the Contract in good faith.

 

Clause 10. Confidentiality

Research plans and documents given to the Buyer remain with the Company and are confidential. The Buyer shall not use them outside the terms of the Contract or disclose them to any third party, whether willingly or not, and undertakes to do everything possible to this effect.

Should the sale not be closed, research plans and documents given to the Buyer shall be returned to the Company within a fortnight from the time of the expiration date of the offer.

 

Clause 11. Settlement of disputes

Any dispute shall be finally settled before the Grenoble commercial court.