I – GENERALITIES
All orders have to be sent to :MANO MEDICAL Z.A. des Alleux 15 Rue du Noroit 22100 Taden – France
Phone: +33(0)18.104.22.168.76 - Email: email@example.com
By placing an order, the purchaser admits having read and accepted MANO MEDICAL general sales terms and is obliged consequently to respect them without any reserve. Any clause mentioned on purchase orders or on any documents issued by our customers can not cancel or modify our general sales terms, excepting if a written agreement has been issued by MANO MEDICAL. Any verbal order could be taken into account only after receipt of a purchase order. The order shall be deemed to have been accepted only when it is the subject of an acknowledgment of receipt of the order. No order may be cancelled or suspended by the customer without the prior agreement of MANO MEDICAL, which will set the conditions for compensation.
MANO MEDICAL has the right to modify its products without previous notice (shapes, material, dimensions, etc.) and, in no case, will be able to provide products with the old specifications. If one of the clauses mentioned below proved to be null or cancelled, the other conditions would not be assigned and would continue to take effect.
II – PRICING
Price offers are settled for a defined period of time. They will be reviewed compulsory if the validity date of the quotation is out of time. Except special mention, for goods sold in Europe all the prices are in Euros, VAT free. For goods sold in the USA and the Pacific Rim Area, all the prices are in US dollars, VAT free. In the event of a sudden modification of the prices of the raw materials, payment of the labor, taxes or exchange rate, we reserve ourselves the right to modify our prices without notice.
The prices applied on each sale are the ones mentioned in our price-list in force at the delivery date except precise written mention.
III – INVOICES
Invoices are issued the day of the shipment of the goods to the customer or the carrier. Except special exemption, our goods have to be paid at reception, net and without discount.
The place of payment is the registered office of MANO MEDICAL – 15 rue du Noroit - ZA les Alleux - 22100 TADEN - FRANCE.
IV – PAYMENT TERMS
Our invoices have to be paid under conditions and time limits of our offers
Whatever the reason is, payment terms cannot be delayed. (Even litigious or partial delivery involving a partial invoicing). Each emitted bill of exchange has to be returned to us accepted or not under 48h (art.125 of the French Trade Code). MANO MEDICAL has the right to request the customer a down payment before executing an order.
Any delay of payment involves automatically the current liability of post interests at the rate of 10% per annum, the payment of all the invoices in account, which are due or not, the immediate cancellation of a possible credit customer and a fixed allowance for recovery costs fixed at 40€.
V – RESERVE OF PROPERTY
According to the law n° 80.335 of May 12th 1980 (J.O of May 12/13th 1980), the sold goods remain our property until integral payment of the price which only operates the transfer of property. Our reserve concerns both goods and their price if they have been resold.
VI – DELIVERY TERMS
The deliveries are understood Ex-works Taden with standard packing. Our goods travel to the expenses and risks of the customer for all freights costs conditions. The customer must ensure that the goods he receives from the carrier are in good condition. In the event of an anomaly, the customer must make clear and precise written reservations on the carrier’s delivery order.
VII – FREIGHT
On request of the customer, express deliveries are possible. In this case, the overcost compared to a standard delivery will be completely invoiced to the customer. Express deliveries made by MANO MEDICAL or by the carrier of the customer can be automatically carried out as DDP shipment.
VIII – CANCELLATION AND EXCHANGE OF THE GOODS
No order can be cancelled without a written agreement of MANO MEDICAL. No product can be exchanged without a prior written agreement. The reception of the returned goods can not be considered as an agreement from MANO MEDICAL.
IX – COMPLAINTS
No complaint relating to a delivery could be taken into account beyond a 7 working days delay, date of delivery of the goods.
X – PENALTY CLAUSES
They are accepted only after a written agreement from MANO MEDICAL or its representative.
XI – CONTESTING
The ability is reserved to the Commercial court of DINAN – France which will be the only one qualified to know any dispute between the parts, even in the event of a call in guarantee or of plurality of defendants.
XII – GUARANTEE
Unless otherwise provided, our products are guaranteed against any manufacturing problem for 1 year (except consumable products, half-consumable products and options included, non-exhaustive list), starting from the date of delivery issued by MANO MEDICAL. If it is shown that a product is defective during the period of guarantee, this one will be exchanged or repaired at MANO MEDICAL’s charge. This guarantee covers the parts and the labor in the conditions stipulated below, thus packaging, shipping and disassembly costs remain at the charge of the client.
In the event of resale, only the first purchaser can benefit from this guarantee. No allowance, for any reason, can be claimed by the client or a third party. The defective products must be sent back to us in its packing of origin – DDP shipment. (If this clause is not respected, this will automatically involve the cancellation of the guarantee).
Repair, modification or replacement during the warranty period does not extend the initial warranty period.
In any case, the following materials are not part of the guarantee: All the consumable products and for all the materials: friction parts, batteries and accumulators, and more generally any part of the material which has undergone normal wear or deterioration linked with its normal use.
If the product has been modified, dismantled of repaired by the buyer, MANO MEDICAL is free from any responsibility.