1 - Applicability of the General Terms and Conditions of Sale
The sale of products offered by RETECH SOLUTIONS, a simplified joint-stock company, whose registered office is located at 7 Avenue de l'Atlantique, 91940 Les Ulis, is governed exclusively by these general conditions. These are systematically provided to each customer to allow them to place an order with full knowledge of the facts. Any order placed implies full and unconditional acceptance of these conditions. In the absence of a written agreement from the customer, the acceptance of any product on order will constitute acceptance of the general sales conditions. These conditions prevail over any purchasing condition or specific stipulation from the customer in their purchase orders or other documents. The fact that RETECH SOLUTIONS does not contest contrary provisions present in the customer's documents does not imply any waiver of the general conditions.
2 - Order Modification and Cancellation
No cancellation or modification of an order will be accepted after the confirmation from RETECH SOLUTIONS, unless there is a written agreement specifying the conditions for modification or cancellation. Product returns require prior authorization from RETECH SOLUTIONS, and the products will be returned at the customer's expense and risk. RETECH SOLUTIONS may cancel an ongoing order without compensation in cases of delay or default in payment, non-compliance with the general terms and conditions, changes in supply conditions, external events preventing delivery, or risk of insolvency of the customer.
3 - Price
The products are billed at the prices in effect at the time of the order. Prices are quoted excluding taxes, with pickup in-store, transportation costs, installation, and commissioning excluded, unless otherwise stated. RETECH SOLUTIONS reserves the right to adjust its prices in the event of changes in the conditions of its suppliers.
4 - Billing and Payment Terms
Each delivery results in an invoice payable within thirty days, unless otherwise stated. RETECH SOLUTIONS may require payment upon order or guarantees in case of a risk of default. In the event of a delay, late fees will be applied, and a fixed recovery fee will be added. Invoices may be disputed within 60 days of their issuance; beyond that, they are deemed accepted.
5 - Shipping and Deliveries
5.1 - Delivery Terms
Unless otherwise stated, products are shipped freight collect, with loading at warehouses. In case of a delay in pickup by the customer, storage fees may be charged according to the terms of Article 4. If the special conditions specify a "free" delivery, RETECH SOLUTIONS will ensure transportation to the agreed destination. In all cases, products travel at the customer's risk, who assumes responsibility as soon as they are handed over to the carrier or made available in the warehouses of RETECH SOLUTIONS.
5.2 - Delivery Dates
The delivery dates provided are for informational purposes only. RETECH SOLUTIONS reserves the right to make partial deliveries. Delivery delays will not result in compensation, withholding, or order cancellation.
5.3 - Delays in Deliveries and Force Majeure
RETECH SOLUTIONS is not responsible for delivery delays caused by the client. The company cannot be considered in default in the event of force majeure preventing it from fulfilling its obligations, particularly in cases of natural disasters, epidemics, wars, strikes, or resource shortages.
5.4 - Receipt of Products
The products are considered accepted as soon as they leave the warehouses. In the case of delivery with freight collect, it is the customer's responsibility to check the condition of the products upon receipt and to report any discrepancies within three days, in accordance with the articles of the Commercial Code.
6 - Product Compliance – Warranty and Liability
6.1 - Warranty
The products come with a warranty against manufacturing defects for 90 days from the date of delivery. Any claim for visible defects or non-conformity must be made in writing within eight days of receipt. RETECH SOLUTIONS is committed solely to replacing defective products or items.
6.2 - Warranty Exclusions
Damages caused by normal wear and tear, external incidents, use not in accordance with the instructions, and unauthorized modifications by RETECH SOLUTIONS are excluded from the warranty. The warranty no longer applies if the product is used after a defect is discovered without the prior consent of RETECH SOLUTIONS.
6.3 - Limitation of Liability
RETECH SOLUTIONS assumes no responsibility for indirect damages suffered by the client, including loss of business or loss of customers. Its liability for damages is strictly limited to 5% of the pre-tax price of the defective product.
7 - Retention of Title
The products remain the property of RETECH SOLUTIONS until full payment of the price is made. The risks associated with the products are transferred to the customer as soon as they are made available. The customer must insure the products and refrain from using them as collateral. In the event of non-payment, RETECH SOLUTIONS may demand the return of the products and access the customer's premises for this purpose.
8 - Confidentiality
The client agrees to keep confidential the information, data, and processes of RETECH SOLUTIONS. These elements are the exclusive property of RETECH SOLUTIONS and may not be disclosed without prior agreement. This confidentiality obligation remains in effect after the termination of the contract.
9 - Miscellaneous Provisions
9.1 Hierarchy and Amendments
The present general terms and conditions of sale, supplemented by the specific conditions, constitute the contract between the parties. Any modification must be agreed upon in writing.
9.2 Severability Clause
If a clause is declared null, the other provisions will remain in effect.
9.3 Waiver
The failure to invoke a provision does not constitute a waiver of the right to rely on it later.
9.4 Transmission of the Contract
The client may not assign its rights and obligations without the prior consent of RETECH SOLUTIONS.
10 - Governing Law and Jurisdiction
10.1 Language of the Contract
In case of discrepancies between the French and English versions, the French text prevails.
10.2 Applicable Law
French law governs the contract, to the exclusion of the Vienna Convention.
10.3 Competent Jurisdiction
Any dispute shall be under the exclusive jurisdiction of the courts at the headquarters of RETECH SOLUTIONS, notwithstanding the payment terms or the presence of multiple defendants.