Catalogue Ecosafe

133 The manufacturer reserves the right to discontinue or change specifications or designs at any time without notice and without incurring obligations. Flammable cabinets Corrosive cabinets Toxic cabinets and multirisk Pesticide range Fume hoods, filtering cabinets - Ventilation Containment and Cans Anti-fire equipments and File cabinets Showers and first-aid equipments 1. FIELD OF APPLICATIONS These general sales conditions apply exclusively to any product sales or services associated with those sales, carried out by ECOSAFE SA. Any order to our Company implies total acceptance by the buyer of these terms and sales conditions, which prevailoveranyother termsandpurchaseconditions,exceptspecialdispensations included in theparticular conditions of the contract. Thesuppliercommitshimself toproviding thenecessaryandsufficientmeansofcarryingout thecontractual services under the best conditions according to the rule book, the standards and regulations in force. 2. SEEINGTOTHE PURCHASER DEMAND 2.1The command 2.1.1 Order methods Any order must be sent to us in writing (by e-mail, or fax or mail) based on the catalogue and tariff in force or on the estimate addressed to the customer, and will only be definitely accepted by our Company after a written order confirmation (order acknowledgment of receipt). The estimates on tariffs are set according to the customer’s needs. Any order cancellation or modification will only be taken into account after a written formal agreement by our Company. Likewise, any extension to the required initial services will call for a new or complementary estimate submitted to the same process as explained above. Considering the products and services and after a customer’s request, any estimate will have to be followed by a written acceptance by the customer and by our acknowledgement of receipt. In any case, any carried out service will be worth a tacit acceptance of the estimate by the customer. Any order accepted by our written confirmation will commit us towards our customer and our service. However, incaseofawar,abanningorembargoputon importonexport, rawmaterials,orenergysupplying stoppage, break of data processing or telecommunication systems, civil war or cases considered as absolute necessity systems…, we will be allowed to pass off our planned delivery or service obligation. 2.2 Delivery and associated services The delivery times are indicated on our estimated proforma or delivery acknowledgement of receipt. They are given in all good faith but without commitment. Our Company does its best to respect them. No delay could justify the order cancellation, or lead to compensations or penalties. Our delivery times start at the date of the order acknowledgement of receipt. In case we are out of stock of some products, we reserve the right to deliver partly, after having informed the customer and received his agreement. Provisions concerning orders and specifying late penalties for instance can only be applied after written and personal acceptance by our company. If the buyer can’t receive the goods at the date when they must be delivered (in the order acknowledgment of receipt), all necessary actions will be taken to store them in the best conditions.The customer will be charged for the corresponding costs. The delivery can only be carried out if the customer is up to date with his obligations towards our Company and of the specific conditions accepted by the customer and ECOSAFE are satisfied. 2.3Transport and receipt 2.3.1 Products transport We choose the means of transport we think the most appropriate to our customers and we apply the procedure agreed on the order acknowledgement of receipt. The customer must warn us about any constrains or restrictions not enabling different types of carriers to perform their delivery properly. We mainly use large carriers of 19 tons or more. The delivery is carried out either by direct delivery to the customer, either by plain notice of the products being put at his disposal, or by delivery to a forwarder. Our tariffs are applied from the warehouse to the delivery unloading spot unless a previous agreement is made (installation and setting up costs are not included in our prices). Our products are transported at the consignee’s own risk (article L.133-3 of the commercial low). At the receipt, the consignee is committed to. • Check the state and quality of the goods received by opening the package in the presence of the deliveryman, and before signing the carrier’s or delivery slip. • Write, in case of damaged or missing goods, precise reserves on the transport acknowledgement, explaining clearly their claim. • Inform the carrier of what is damaged or missing by a recorded delivery letter with an acknowledgement of receipt within 48 hours from the goods delivery, time in conformity with the article 133-3 of the commercial law. These checking at the delivery time are essential especially if the packaging does not show external visible signs of chocks or knocks. In addition to the arrangements to be taken with the carrier, the claims about damages must be written, by registered letter within 48 hours from the delivery time of the goods at the delivery spot. This complaint must include the references on the order acknowledgement of receipt and on the delivery slip. If these prescriptions are not respected, the goods will be considered as definitely accepted by the customer without any damage. If the purchaser asks for a delivery at his customer’s place, the purchaser must ask his customer to take care (or have it taken care of) the checking by his customer and the reserves at the delivery in compliance with article L-133-3 of the commercial law and if need be ,to, make an appeal against the carrier within the prescribed time( in compliance with article L-133-3 of the Commercial law). 2.3.2 Risk transfer The risks transfer on sold products is carried out at the goods loading at the warehouse or at the unloading time when the products are received. 2.3.3 Ownership reserve clause Except in case of a previous decision written by our company, notified to the customer before delivery of each order, we keep entire property of the goods delivered until full payment of its cost, accessories and transport, as well as until the customer has met his obligations towards our company. Until then, the delivered products will be considered as deposited and the customer will be charged with all the risks relating to the damages that the concerned products could undergo or risks caused for any reason. Our company will be able to use its rights (as explained above) for any of its claims on all the products owned by the purchaser. The products which are still owned by our company must not be sold again or transformed. However, understanding the needs of the purchaser’s activity, we allow him to resell the goods, provided that he pays the full remaining price he owes at reception, the corresponding sums being, from now on, secured at our benefit according to the dispositions of Article 2071 of the civil law, the purchaser will be the simple depository of the price. We reserve ourselves the right to cancel any sale and take back all the goods being subject to ownership reserve if an invoice at the settlement date is not paid up after a formal notice to the buyer. In case an adjustment or compulsory liquidation procedure is required, under way order delivery or not, will be automatically adjourned waiting for a regularization.This clause doesn’t rule out a possible damages action from our company, to compensate for the loss of profit or prejudice put up with. 2.3.4 Receipt refusal or delivery impossibility For any goods in delivery, refused without a good reason, or impossible to be delivered for various reasons: wrong address, unsuitable building, lack of receiving clerk, erroneous delivery time, or another circumstance outside our control, the total cost of re-delivery will be chargeable to the customer. 2.3.5 Goods return Without a previous written agreement from our sales or administration department which will specify the return mode and will send a return slip to the customer, no return will be accepted. If accepted, the goods will be returned in their original packaging carriage paid, to the address mentioned to the buyer. The out of standard articles will not be taken back. A30%setpriceof the totalgrossamount, tax free,willbecharged for inspectionandputting thegoodsback into the stock in addition to the return transport, as well as specific handling. Moreover, any return acceptance, which must be definite and previous is subjected to the following conditions. • The customer must set out a written request for the return of the delivered product in a maximum time limit of seven weekdays from the delivery time.The product must be strictly homemade • The returned product must be new, unused along with all its accessories, its literature and be in its original intact packaging – The customer has to organize the transport of returned goods or sent back products. However, if the customer wishes to organize the transport by himself, he must meet the risks, responsibilities and transport costs of the products.The return must be insured by the customer. No return will be accepted for the products subjected to associated services, except if the customer meets all the costs of these services. If these conditions are not respected, the return will not be accepted, since our company will not take on any responsibility about the risks undergone by these products even if those ones are in our warehouse; In case we write a confirmation, a file number will be sent to the customer as well as instructions to be followed about the return procedure. If a complaint is justified, our responsibility will be limited to the replacement of the product or to its repayment if we are short of it. 2.4 In case of sale of maintenance service 2.4.1 At the picking up At the picking up of the product, the parties carry out a contradictory inventory added to the intervention report.This inventory enables the service provider to: • See and know the product be commits himself to maintain by this contract, and to notify the state as well as the conditions of use. • Check the conformity of the products to be maintained with the norms and regulations in force. In case of discovered non-conformity, which may involve risks for goods and people safety or for the environment or an advanced state of wear material, the provider will only start the services described in this contract if the customer carries out the necessary works to make it conform or replace the product in poor condition beforehand. In this case, the signed contract only takes effect after the works of compliance or replacement of the materials in poor conditions have been carried out and when the two parties have signed it. The original of this report is kept by the provider. There will be no inventory when this contract is about the installation of a product manufactured by the supplier and it takes effect as soon as the works receipt. 2.4.2 Under contract services The services to be carried out are detailed in the special conditions which list all the maintenance operations agreed by the parties according to equipment, the subject of the maintenance contract, or in the case of a product sale, all the particulars of the sold product and sale conditions. The operations carried out through this contract are in conformity with recommendations of the manufacturers of the goods to be maintained. They are written, after each intervention, on a visiting report signed by the supplier and the customer, the original being kept by the customer. The supplier can exceptionally resort to subcontractors for the whole or part of the service, but he commits himself to guaranteeing the intervention. 2.4.3. Conditions for a maintenance intervention Maintenance visits The number of maintenance visits requires an agreement between the two parties and is specified in the particular conditions. For these maintenance visits, an appointment is made at least 7 days before with the customer, who can ask to put it off for all least 2 weekdays before the date. At the requestof thecustomer, thesupplierspecifies if thevisit takesplace in themorningor in theafternoon according to his organization. Any recorded absence of the customer brings about an additional invoice on the basis fixed in the particular conditions. Each intervention of preventive or corrective maintenance will bring about the setting up of a detailed intervention report of the carried-out service on the spot and if need be, will be worth a voucher of the statutory control visit of the installations. This report signed both by the customer and the supplier, will include, in addition to the parties identity and the maintenance contract references : •The date, time, place, and duration of the intervention •The technician name •The faults noticed and the technician remarks in the installations state •The works carried out •The parts replacement expected or unexpected And if need be : •The description of the breakdown of the service carried out, of the replacements carried or to be carried out. • Any useful remark, as well as possible follow up to the intervention, if need be. Repairs The repairs are not included in the basic services of this contract. The fixing and repairing operations bring about an estimate the customer must accept beforehand. The times (days, hours) and intervention deadline are stipulated in the particular conditions. The expenses caused by there fixing operations (travelling, labour, parts and material) are invoiced over and above this contract, according to the modes and costs set up in the particular conditions. As well for a visit requested by the customer if it turns out to be unjustified. 3. DURATION AND DENUNCIATION OFTHE CONTRACT The duration of this contract is specified in the particular conditions. This contract takes effect at the date when itwassignedorbydefaultat thedateof theorder. Itcanbedependenton thepreliminarycarryingout (paid by the customer) of compliance works of the installation or of replacement of advanced state of wear materials according to the conditions specified in article 2.4.1 of these general conditions. This contract is renewable by tacit agreement for the same duration, except denunciation by one or the other party sent by registered letter with recorded delivery at least 3 months before the end of the contract. 06/2018 GENERAL TERMS FOR PRODUCTS SALES AND SUPPLEMENTARY SERVICE MARCH 2019