General terms and conditions
Our quotations, deliveries and services are provided exclusively according to the following Terms and Conditions.
They are also all valid for all future commercial relations, even if these have not been expressly agreed. These conditions are considered as accepted once the goods or services have been received.
Counter-confirmation by the purchaser with reference to its Terms and Conditions will be opposed. Deviations, additions or supplementary agreements are only effective, if we confirm them in writing.
1. Quotations
Our quotations are free of charge and without obligation and not binding. Renounceable letters of acceptance and all orders require our written or telex confirmation in order to be legally effective.
2. Prices
Unless otherwise stated, we will be bound by the prices contained in our quotations for thirty days from the quotation date. Otherwise, the prices quoted in our order acknowledgment plus statutory value-added tax will prevail. Additional deliveries and services will be invoiced separately.
Prices are quoted ex-works excluding packaging and freight charges and excluding insurance plus statutory value-added tax, taxes to destination such as: custom, clearance, surcharges, handling fees, value-added tax, withholding tax and any other relevant taxes from local laws of destination.
Minimum order value: EUR 350.00. Mark-up for small volume purchases below a value of EUR 350.00 is EUR 35.00
3. Deliveries
We shall use our best endeavors to deliver the goods by the time fixed for delivery. However, any date named for delivery is given and intended as an estimate only. Dates of delivery and availability of goods are not contractual and shall not be liable for any loss or damage howsoever arising out of delay in delivery.
Delayed deliveries and services due to force majeure and for reasons which considerably impede delivery or make it impossible for us to deliver, not merely temporarily, have not been fulfilled – this also includes subsequent difficulties arising in the procurement of materials, equipment failure, strikes, lock outs, lack of personnel, lack of means of transport, official directives etc., also if they occur at our suppliers or their subcontractors – will not be our responsibility even in the case of dates which have been compulsory agreed. They entitle us to postpone the delivery or service by the period of the hindrance plus an appropriate start-up time or to cancel the contract in part or in whole for those sections which have no been fulfilled.
If the duration of the impediment exceeds three months, the customer shall be entitled after setting an appropriate extension of time to withdraw from the part of the contract not yet fulfilled. The customer shall not be entitled to claim damages in the event of the duration being extended or if we are released from our obligation. We shall only be permitted to rely on the circumstances referred to if we notify the customer without delay.
We are entitled to make part deliveries of goods and services at any time unless such part delivery is of no interest to the customer.
Performance of our obligations to deliver and perform depends upon due and timely fulfillment of the customer ́s obligations. If the customer is in default of acceptance, we shall be entitled to demand compensation for our loss. The risk of accidental deterioration and accidental loss shall pass to the customer when default of acceptance occurs.
4. Passing of risks
Risks are passed to the customer, as soon as the consignment has been assigned to the establishment or person responsible for transport or it has left our warehouse for the purpose of shipment.
Any damage or breaking occurred during transport is on purchaser’s charge. Insurance can be added on request.
The customer is fully responsible for the importation of goods to the country of destination. He must ensure that his importation process (documentation, type of goods or any kind of restriction) is compliant with the local regulations.
5. Warranty
5.1We warrant that our products are delivered free of manufacturing and material defects. Any warranty claims must be made within the period of the manufacturer’s warranty from delivery of our products. Consumables, accumulators, batteries, light bulbs, fluorescent bulb, fuses and starters are excluded from the warranty.
Quality complains of goods supplied by us must be presented in writing within 14 days, hidden defects with 6 months from the date of invoice.
5.2 Loss or damage in transit: Where the price quoted includes delivery, partial loss or damage in transit must be reported in writing to the carriers (otherwise than upon the carrier’s documents) and to us within 24 hours of receipt of the goods or any portion thereof by the buyer; In the event of total loss, notice must be given in writing to the carriers and to us within such time as will enable us to make a claim against the carriers. If this condition is not complied with, the buyer will be responsible for any loss or damage in transit.
5.3 The customer must notify us in writing of any factory defects without delay and within one week of receipt of the delivery item at the latest.
5.4 Upon receipt of notification from the customer of a product defect, the manufacturer will be notified immediately and the customer will have to follow the conditions of return of goods stipulated by the manufacturer. Goods shall be returned at customer’s cost. Unauthorized returns, goods without transport/delivery document or sent on our cost will not be accepted.
6. Retention of title
Goods will remain our property until all claims including all accessory claims have been paid for in full.
7. Payment
Unless otherwise agreed, our invoices are payable upon confirmation of order, without deduction.
Payment shall not be deemed made until we can dispose of the amount. Cheque payments shall not be deemed made until the cheque has cleared.
The customer’s order will be considered confirmed only when payment is settled.
8. Product changes
We retain the right to undertake changes in product construction at any time. We are not obliged to undertake such changes to goods which have already been shipped.
We reserves the right to change prices, terms and product specifications without notice.
9. Website
We are not liable to any change in technical specification made by the manufacturer which may not be reflected on our website www.sos-medequip.com
Images and technical specifications indicated on this website are not contractual.
9.1 Intellectual property and photography credits.
All data, text, information, images or any other content presented on the site is protected under intellectual property laws. As a result, online users may only use these elements for exclusively private ends (home use). Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the site´s content without the written consent of SOS-MEDEQUIP constitutes an infringement of its rights under the Intellectual Property Code. All brands (names and logos) and all other distinctive symbols that appear on this site are the property of SOS-MEDEQUIP or its partners. Any reproduction, representation or use of these distinctive symbols is prohibited without the written consent of the rights holder.
9.2 Accessing our site.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You also agree:
* Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of this agreement.
* Not to access without authority, interfere with, damage or disrupt any part of our site or associated software.
9.3 Information about you and your visit to our site.
We process information about you in accordance with our Privacy Policy . By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
9.4 Viruses, hacking and other offences.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9.5 Links from our site.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. Liability
Irrespective of the nature of the breach of duty, including tort, claims for damages shall be excluded. No claims shall be made for loss of profit, expenses saved, third party claims for damages or any other indirect or consequential loss.
11. Governing law, place of performance and jurisdiction
The law of the Republic of France shall apply to these Terms and Conditions and to all legal relations between us and our customers. The United Nations Convention on the International Sale of Goods shall not apply. The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Nimes (France) .
12.Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
