General terms and conditions of sale
1. Preamble: The general conditions of sale detailed below (hereinafter the "General Conditions") govern the contractual relationship between any person who places an order (hereinafter "the Buyer") following a quote received by email or postal email and the company POCRAME SAS, Société par Actions Simplifiée (SAS) with capital of 45. 500€, whose head office is located c/o IHU MED INF 19-21 Boulevard Jean Moulin 13005 Marseille, registered in the Trade and Companies Register of MARSEILLE under the Number B 803 717 586 (hereinafter "POCRAME"). Consequently, any order from the Buyer implies his unreserved acceptance and full and complete adherence to these Terms and Conditions. The Buyer's contractual documents (such as its general conditions of purchase) are not opposable to POCRAME, unless POCRAME expressly accepts the terms of these documents. In this case and in the event of a conflict between the stipulations of these General Conditions and those of the Buyer's documents duly accepted by POCRAME, the conflict shall be settled in accordance with the following order of priority: firstly, these General Conditions and secondly, any other document of the Buyer accepted by POCRAME.
2. Offers: POCRAME's offers are addressed solely to Buyers acting within the framework of their professional activities. Thus, in accordance with Article 1369-6 of the Civil Code, the application of the provisions of Article 1369-5 and paragraphs 1 to 5 of Article 1369-4 of the Civil Code is expressly excluded. The offers of POCRAME issued by e-mail are valid for the period indicated in the e-mail or, in the absence of any mention, for a period of ten (10) days from the date of issue of the offer.
3. Delivery time: The delivery times indicated by POCRAME are calculated in such a way that they can be respected when the manufacturing process is carried out under normal conditions. They are thus mentioned as an indication and, unless expressly accepted by POCRAME, delays cannot, under any circumstances, justify the cancellation of the order by the Buyer nor give rise to damages. The Buyer expressly accepts partial deliveries and invoicing.
4. Project Studies: Drawings, studies, estimates and other documents delivered or sent by POCRAME remain its property. They shall not be made available to third parties or be used by the Buyer for the manufacture of its own material. They shall be returned to POCRAME, at its request, if they are not followed by the order to which they relate.
5. Indication of characteristics: The information contained in POCRAME's acknowledgement of receipt of the order shall be authoritative in determining the object of the order. The equipment ordered must be used in accordance with the procedures normally practiced by POCRAME and the indications appearing in its catalogs and printed matter. The Buyer is informed that (i) POCRAME accepts no responsibility for any printing errors, obvious mistakes, miscalculations or clerical errors in the documentation supplied by POCRAME, and (ii) the reproductions in POCRAME's catalogs, as well as the indications of weight, are given purely as an indication.
6. Shipments and transfer of risks: Whatever the destination of the material, the places of purchase and delivery, POCRAME material is always sold and approved at the outset, and the delivery is deemed to be made in POCRAME's warehouse or that of its subcontractors in the case of equipment goods. The materials sold by POCRAME - even when shipped carriage paid and/or packed - are always transported at the risk of the Buyer, who is responsible for exercising his rights of recourse against the carriers, within the legal time limits, in the event of shortages, losses, damage or delays. The Buyer is required to verify the conformity of the material with the order and the absence of apparent defects. Any reservation or claim must be made within five (5) calendar days from the date of receipt of the equipment. No return of ordered and delivered material is accepted without the prior written agreement of POCRAME. Any returned material must be in its original packaging at the expense of the Buyer. If no complaint or reservation has been formulated within the above-mentioned time limits, the material shall be deemed to be in conformity with the order, without any apparent defect, accepted by the Buyer and shall not be returned or exchanged.
7. Urgent shipments: Any request by the Buyer for express shipment will be subject to a charge for shipping costs calculated according to the carrier's rate based on the weight of the package and its destination. The agreement of the assumption of responsibility of these expenses is specified at the time of the order by the Purchaser.
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