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General Conditions of Sale Hexagone Manufacture SAS
I GENERAL SALES PROVISIONS:
I.1.
APPLICATION AND ENFORCEABILITY OF THESE GENERAL CONDITIONS
These general conditions of sale (hereafter, “GCS”) apply systematically to every buyer (hereafter “the
Customer”) with the current Hexagone Manufacture S.A.S. tariff, allowing him/her to place an order. As a result,
the fact of placing an order implies full acceptance without reservation by the Customer of the GCS. No specific
condition may, except in cases of formal and written acceptance from Hexagone Manufacture S.A.S., prevail
over the GCS. In the absence of express acceptance, no contrary condition may be raised in objection with
Hexagone Manufacture S.A.S. by the Customer, regardless of the time when it may have been brought to its
knowledge. The fact that Hexagone Manufacture S.A.S. does not avail itself at any given moment of any one of
these GCS may not be interpreted as a waiver of the right to avail itself of this at a later date. These GCS prevail
over any Customer general conditions. These GCS apply to all countries.
I.2.
ORDER:
Order means any order relating to products which appear in our tariffs, and accepted by Hexagone Manufacture
S.A.S. Offers made by our agents or by telephone shall only constitute a commitment on our side after
written confirmation from us. The Customer shall be deemed in agreement with the content of our confirmation
if, within eight (8) days, he/she has not shared his/her observations with us in a written registered mail with
acknowledgement of receipt. In the absence of any written observation, the order shall be deemed
irrevocable. The order is non-transferrable and may not be transferred without the agreement of Hexagone
Manufacture S.A.S.
I.3.
ORDER FULFILMENTS:
We reserve the right to make any modifications or improvements we deem necessary to our products at any
moment, without this serving as grounds for a Customer to cancel an order, or requiring us to make any
modifications or improvements to previously-delivered products.
I.4.
CANCELLATION OF ORDERS:
No order can be cancelled by our Customers without our prior and express agreement.
In any case where Hexagone Manufacture S.A.S. should accept the cancellation of an order, any deposit paid by
the Customer shall be retained by us in compensation.
I.5.
DELIVERY :
Deliveries are carried out by freight forwarders either directly to the Customer or via a carrier.
1.5.1.
DELIVERY TIMES:
Delivery times as well as transportation times are determined on a case-by-case basis and are entirely indicative
and without guarantee. Unless there is a contrary agreement, they shall never constitute a commitment on our
side. Any delay to delivery shall not constitute grounds to terminate the order, or grounds for refunds, damages
or interests, deductions, compensation, cancellation of the current order or the refusal of goods, as well as any
kind of indemnity. If in cases of force majeure, and especially: fire, flood, discontinuation of product, machinery
breakdown, war, riots, requisition, required reduction of imports, accident or manufacturing delay at our
suppliers, delay to transportation of goods, as well as in cases of the occurrence of any event beyond our control
which prevents the execution of the contract under normal conditions, whereby manufacture and/or delivery
have been prevented or delayed, then our contractual obligations shall be suspended for as long as the
case of force majeure exists, without any responsibility borne by Hexagone Manufacture S.A.S., even if a firm
timescale has been confirmed. If the case of force majeure should continue for longer than forty-five (45)
days, the more diligent party may, if it wishes, cancel the order affected by the case of force majeure
without either of the parties laying claim to the payment of damages and interests.
1.5.2.
TRANSFER OF RISKS
The transfer to the Customer of risks of loss, theft or damage of goods sold, as well as the damages these may
cause, shall be effective from the moment the courier takes possession of the order. The Customer shall, as a
result, take out insurance covering these risks pertaining to the reception of goods for delivery by the courier.
1.5.3.
TRANSPORT
Unless otherwise stipulated, delivery shall be made by our accredited couriers with shipping costs billed to the
Customer in addition to the price paid for the goods. Hexagone Manufacture S.A.S. cannot be held responsible
for damage which occurs during transportation or unloading. Goods shall always travel at the Customer’s
risk, even in case of returns or dispatches sent carriage paid or C.O.D. The Customer shall be responsible for
checking that the goods are in good condition at the moment of delivery. They shall also check the quality,
quantity and reference of goods, as well as that they match the original order. The Customer shall relay, where
necessary, any concerns to the courier concerning missing and/or damaged goods, the type of damage and the
extent thereof.
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