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General Sales Conditions

GENERALITIES :

By placing an order with PROTON, the customer agrees to adhere to the hereafter sales conditions. The present sales and service conditions prevail over the customer own purchasing conditions.

ORDERS :

Orders will be valid only after acceptance from our commercial department and deliverance of a sales confirmation.
Any order confirmed by PROTON obliges the customer to accept the delivery of the product ordered and to pay the agreed price.

DELIVERY TERMS :

Delivery time indicated in our sales confirmations are given as an estimate only and under no circumstances may PROTON be held liable in the event of late delivery.

FORCE MAJEURE :

PROTON shall not be liable for any failure or delay in performance if :
- Such failure or delay results from interruption in the product manufacturing process
- Such failure or delay is caused by “Force Majeure” as defined below or by law.
The expression “Force Majeure” shall mean and include any circumstances or occurences beyond PROTON’s reasonable control.

TRANSPORT :

All sold goods travel at the customer own risk, whatever the conditions of carriage : FOP, prepaid or upon delivery. All goods must be examined upon receipt. If a package is missing or shows evidence of mishandling, the customer is required to note the reservation on the bill of lading submitted by the carrier and confirmed by registered letter within 48 hours.

PRICING :

All orders are invoiced on the basis of price lists in force at the day of order.

PAYMENT :

Except further notice, our bills are payable in LUYNES.
Failure to pay by the due date listed on the invoice shall result in the accrual of late fees equivalent to three times the French legal interest rate.

LIABILITY AND DISPUTES :

Any dispute in relation to the present sales conditions, whether said dispute pertains to the validity or to their application, shall be brought before the Tribunal de Commerce of AIX EN PROVENCE.

WARRANTY :

The sold equipment is protected by warranty that takes effect on the day on which the equipment leave the premises for a period of 18 months.
This warranty will apply only to the manufacturing defects which will have shown themselves during this period.
Any damage to the device due to a lack of maintenance, poor installation, improper use, outside event or normal wear is excluded from the warranty.
The customer has to inform PROTON by registered letter of any defect discovered during the warranty period.
The customer will enable PROTON to take any necessary measures to solve the problem.

RETENTION OF TITLE :

Title the products shall pass to the buyer upon payment in full of the agreed price, in principal and interest.