www.myhexagone.com • [email protected] • Tél. +33 1 34 34 11 55
General Conditions of Sale Hexagone Manufacture S.A.S.
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 costsbilled 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 despatches 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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