These general conditions of sale describes the rights and obligations of the Auviato SAS and are applicable to all sales of products of the latter. These conditions will be given in their entirety to all customers, at their request, at the conclusion of contracts. Moreover, they are available on our website: www.auviato.com. These conditions prevail over any other document of the buyer, including all terms and conditions of purchase. Anything to the contrary submitted by the customer will be in default of express acceptance, unenforceable against the company Auviato SAS. These general conditions of sale can be modified at any time by the company Auviato SAS. The conditions applicable to the customer are those in effect on the day of registration of the order.
The buyer acknowledges having informed the seller on their specific needs and have received all the technical information on products sold, as well as the dangers and risks associated with their use. The client agrees to consider the information delivered to respect the instructions for use and circulate information on products at any intermediate or user. Instructions are given to the customer no later than the day of delivery and can be downloaded via the site Auviato.com.
Following a request from the buyer, the company established Auviato SAS offers. Any order to be considered, must refer to a specific offer and shall be recorded in the presence of both parties. An order is established, a copy of this good showing in particular the price, is delivered to each party. The sale is deemed concluded on the day of acceptance of the offer by the buyer, or the day of the order.
Delivery is made: - either by direct delivery of the goods to the buyer; - Or by sending a notice of availability in the store to the buyer's attention; - Either at the place indicated by the buyer on the order form. The delivery time indicated when recording the order is indicative only and is not guaranteed. Consequently, any delay in delivery of the products will not lead to the benefit of the buyer to: - the allocation of damages - the cancellation of the order. The risk of loss or damage of goods sold are transferred to the time and place of delivery. Therefore the buyer will be responsible for the product and assume the risk at that time. The Auviato SAS is responsible for transporting the goods to the place of delivery indicated by the purchaser when the parties have previously agreed upon registration of the order. If the buyer does not take possession of the goods at the place and the date fixed in the order, products are stocked by Auviato SAS at the expense and risk of the buyer. Upon receipt of the goods, the buyer should check the compliance of products with the order and the lack of defect. In case of missing goods, damaged during transport or do not conform to those provided on the order form the buyer must make all necessary reservations on the delivery receipt of the goods. These reservations must be further confirmed in writing within five days of delivery by registered mail with return receipt. In case of apparent defects, defective parts will be replaced by the company Auviato SAS subject to verification of alleged defects. The seller reserves the right to directly or indirectly make any findings and audit. In case of default of the goods of compliance, Auviato SAS is not liable only replacement or repair of non-conforming parts. Without reservation or confirmation issued on time, the products will be deemed to be delivered in full, in conformity with those provided upon registration of the order and without deterioration.
The price of goods sold is the one in force at the date of order. They are denominated in Canadian Currency calculated excluding tax. They will be increased in VAT and transport costs applicable on the date of the order. The Auviato SAS Company grants the right to change prices at any time. However, any changes to the scale of higher prices to an order placed will have no impact on the previously agreed price during the recording of the order.
The payment methods accepted by the Auviato Company: Transfer by credit card, the balance must be paid before shipment of products ordered.
No discount will be granted for early payment.
The proposed rates include discounts and rebates that the company Auviato SAS would have to provide given its results or support by the purchaser of certain benefits.
An invoice is issued for each product delivery and issued at the time of the latter.
In case of default of payment or part payment of goods delivered on the day of receipt, the purchaser must pay the company SAS Auviato a late penalty equal to one and half times the legal rate of interest. The successful legal rate of interest is that in force on the day of delivery of the goods. This penalty is calculated on the amount of duty outstanding sum, and runs from the due date of the price without any prior notice being required.
The Auviato SAS retains ownership of the product, until full payment of the price, even in case of deferral of payment. As such, if the buyer is subject to reorganization or liquidation, the Auviato SAS reserves the right to cancel outstanding orders and to demand, as part of the bankruptcy proceedings the goods sold and remained unpaid. This clause does not prevent the risks of the products are transferred to the buyer upon delivery to it.
If within fifteen days following the implementation of the clause "payment delay", the buyer has not paid any sums due, 15 days after a formal notice remained without effect, the sale will be canceled right and may entitle the allocation of damages in favor of the company Auviato SAS.
All materials, new parts sold by Auviato are covered by the manufacturer warranty of 1 year from the date of delivery. During this warranty period, defective parts will be replaced or repaired free of charge by the manufacturer. The warranty is limited to replacement or rehabilitation of equipment / parts defective, following the decision of the manufacturer.
The guarantee does not apply in the following cases: replacement of wearing parts, breakage, deterioration due to the use, failures originating from external causes (shocks, overheating, use other than normal use, etc.). No damage and / or interest may be requested. It is up to the buyer to prove the hidden defect. All forms of guarantees other than those provided in these terms and conditions of sale are excluded, in particular, the Auviato SAS does not guarantee the suitability of the product for use which may be intended professional purchasers.
Excluding compensation for any injury or latent defect case, the responsibility for Auviato SAS is limited to repair damage equipment concerned that he would be proven to have been caused by tools or agents of the provider and will be limited by the amount received under the contract or order. No claim for compensation will be accepted for consequential damages. Responsibility for Auviato SAS cannot be implemented if the non-performance or delay in performing any of its obligations described in these terms is beyond its control.
Responsibility for Auviato SAS cannot be implemented if the non-performance or delay in performing any of its obligations described in these Terms of Sale arises from a force majeure. If the event continues beyond two months, one or the other party may terminate the contract unilaterally. Are considered as force majeure, those recognized by the jurisprudence of French courts and tribunals. Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
The customer authorizes the company to register Auviato SAS Commodity number of references.
Any dispute concerning the interpretation and execution of these general conditions of sale, sales contracts Auviato SAS or payment, is subject and will be governed, construed and enforced in accordance with the laws of each state and its jurisdiction in the USA and each Province in Canada Failing amicable resolution, the dispute will be brought before the appropriate Justice Department.