<article class="subdiv"> <header id="titre" class="subdiv"> <h1>Notes client undertake to comply delivery transport and reception the manufacturer</h1> </header> <div id="pdfdata" class="subdiv"> <div style="display:inline-block;width:20%;"> <a href="https://it4v7.interactiv-doc.fr/html/huchez_catalogue_en_1069/rna/page/102"><img style="width:100%;" src="./thumbs/102.jpg"></a> </div> </div> <nav id="breadcrumb"> <p>Vous êtes ici : </p> </nav> <main> <p>x NOTES Client undertake to comply 5 DELIVERY TRANSPORT AND RECEPTION The manufacturer of the Equipment is solely responsible for the applicable technical regulations applying to its design and first placing on the market In cases where the 4.4 </p><p>Advertising Supplier is the manufacturer it assumes this responsibility The commercial relationship established between the Parties does not give either The offer includes regulatory requirements and more generally the safety require- Party any rights to the sales materials trademarks or any other distinctive sign of the ments known by the Supplier when making the Offer In the event that these requi- other Party Any use of these elements by the Party not owning them shall require the rements change between the presentation of the Offer and complete performance prior written approval of the other Party of the contract compliance with the changed requirements shall not be borne by the The use by either Party of these materials trademarks and distinctive signs on docu- Supplier which will send the Client a complementary offer to this effect ments such as advertising catalogues prospectuses professional catalogues etc is Similarly if during the same period the Supplier receives information which it did not subject to the prior express approval of the Supplier Breach of the above provisions have at the time of making the Offer full plan of the installation accessories etc any may lead at the option of the injured Party to suspension of the fulfilment of its modifications or additional devices made necessary as a result will be the subject of a obligations and if appropriate to damages for the harm suffered complementary offer and adjustment of the deadline 4.5 </p><p>Counterfeiting and unfair competition In the same conditions the Supplier assumes responsibility for the regulatory com- pliance of the components of the Equipment Each Party guarantees that the elements it has provided or designed for the execution Any modification of the Equipment not authorised by the Supplier carried out by the of the contract plans specifications procedures and their conditions of implementa- Client or a third party not approved by the Supplier shall entail the cancellation of the CE tion etc do not make use of intellectual property rights or know-how held by a third compliance declaration issued by the Supplier The replacement of a part having an impact party They guarantee that they are able to make free use of them without breaching a on safety with a part which is not original also leads to the cancellation of this declaration contractual or legal obligation The Supplier must provide the documents constituting the operating instructions such They mutually guarantee each other against the direct or indirect consequences of any as the user manual in any form and on any support action for civil or criminal liability in particular resulting from infringement actions or unfair competition 4 COOPERATION INTELLECTUAL PROPERTY AND CONFIDENTIALITY 3.2 </p><p>Client's responsibility The Client is responsible for commissioning the Equipment in such conditions of use as are foreseeable as normal in accordance with safety and environmental legisla- tion in force in the place of use and with best practices in its industry The Client is responsible for choosing the Equipment that corresponds to its technical needs and its implementation process if necessary and for making sure with the Supplier that the product is suitable for the application envisaged Equipment is delivered together with the user manual regardless of its form and support the user must read it before commissioning 5.1 </p><p>Delivery times and conditions The contract provides a delivery time This is counted from the latest of - the date on which the acknowledgement of receipt of the order is sent - the date of reception of all the information validations materials equipment details of execution due by the Client or necessary to the execution of the contract or as the case may be of the down payment and - the date of fulfilment of the prior contractual or legal obligations by the Client In the event that the Client fails to fulfil any of its contractual obligations the Supplier is released ipso jure from any and all undertakings relating to contractual periods or 4.1 </p><p>Cooperation and statement of requirement deadlines The Client as a professional of the products or services it acquires is responsible for Unless expressly agreed otherwise delivery and realisation periods and deadlines are defining and stating its and its clients' requirements purely indicative The Supplier will use its best efforts to comply with them but delays Before placing any order it must verify that the Equipment it envisages ordering is appro- relative to the timing stipulated cannot justify cancellation of the order refusal to take priate to the use and commissioning intended bearing in mind particularly the practices delivery or termination of the contract nor may they give rise to damages compensa- and purposes envisaged and the resulting constraints It is obliged to provide the Supplier tion or penalties except in the event that these have been expressly agreed in writing with all complete accurate and reliable information and particulars regarding Unless otherwise stipulated in the contract partial deliveries are allowed - these requirements Packaging will be carried out in accordance with the Supplier's standard If the Client - the operating and environmental conditions in which the Equipment will be used wishes to have specific packaging it must expressly request it from the Supplier upon - the composition and particularities of the products to be handled by the Equipment concluding the contract The specific packaging costs will be borne by the Client The sold Client undertakes to dispose of the packaging in accordance with local environmental Compliance with the contract will be assessed on the basis of the Client's fulfilment legislation of these obligations The Supplier cannot be held liable for the consequences of an Regardless of the destination of the Equipment and the conditions of sale delivery error or omission in the documents provided by the Client These obligations extend is considered carried out from the Supplier's factory Ex-Works in accordance with equally to such study realisation and calibration phases as there may be the latest edition of the International Chamber of Commerce INCOTERMS in force These obligations apply equally to the Client's agent or representative on the date on which the contract is signed Delivery is effected by means of a notice The Supplier will take note of the Client's requests and will meet them within the of readiness sent by any means The Equipment may be delivered in the Supplier's limits of feasibility compliance with the contract and best practices It will inform the factory directly to the Client or to a carrier designated by the Client or failing this by Client to the extent of its technical knowledge of the construction constraints and the Supplier of any possible effects linked to the use of the Equipment that it knows about taking Unloading of the Equipment at the place of delivery shall be carried out exclusively account of the information it has received from the Client under the Client's responsibility and with its own means of handling 4.2 </p><p>Intellectual property Any storage operation requested by the Client will be subject to an express agree- ment providing in particular the financial conditions and the conditions relating to All intellectual property rights and the know-how contained in the documents duration and risks and possibly based on a scale of storage prices provided the products delivered and the services provided shall remain the exclusive The Client must take possession of the Equipment within 10 days of the sending of property of the Supplier Any assignment of intellectual property rights or know-how the notice of readiness must be the object of a specific contract The Supplier reserves the right to hold its If the Client does not take possession of the Equipment in the place and on the date know-how and the results of its research and development work and to make such agreed and providing such delay is not attributable to the Supplier delivery shall be use of it as it sees fit deemed effective and the Client shall be obliged to make the agreed payments In All plans descriptions technical documents or quotations sent to the other Party such case the Supplier may opt to store the Equipment providing it has been sepa- are communicated by way of a loan for the purpose of evaluating and discussing the rately identified borne by and at the risk of the Client and if necessary to assert the Supplier's sales offer They may not be used for any other purpose by the other Party right of retention or the title retention clause These documents must be returned to the Supplier on first request The risks are thus transferred to the Client upon delivery as so defined without 4.3 </p><p>Confidentiality prejudice to the Supplier's right to rely on the title retention clause or to make use of The Parties reciprocally assume the obligation of confidentiality for all oral or written its right of retention information of any nature and in any format discussion reports plans exchanges Whatever the delivery conditions it is up to the recipient at its own expense and of computerised data activities installations projects know-how products etc under its own responsibility to check the products or have them checked upon arrival exchanged in the context of the preparation or execution of the contract even in the The Client is obliged to check upon unpacking the conformity of the products with case of unsuccessful discussions except for information which is generally known to the terms of the contract and must report any apparent or detectable defects or the public or becomes so other than through the fault or action of either Party non-conformities to the Supplier Consequently each Party undertakes Unless the Client submits a written claim within 10 days of delivery the Equipment - to keep all confidential information strictly secret in particular never disclosing or shall be considered to have been accepted communicating in any way directly or indirectly all or part of the confidential informa- In the event of damage or non-conformity with the delivery note the recipient tion to anyone at all without the prior written authorisation of the other Party - shall note its reservations on the delivery note and immediately inform the Supplier - not to use all or part of the confidential information for purposes or activities other in writing than the execution of the contract - shall inform the carrier of its reservations in the form and times established by regu- - not to make copies or imitations of all or part of the confidential information lations applicable to the form of transport sending a copy to the Supplier The Parties undertake to put in place all such measures as may be necessary in order The annotation subject to unpacking has no value vis-à-vis the carrier and cannot be to ensure compliance with this obligation of confidentiality throughout the duration admitted as a reservation of the contract and for a further period of 5 years after its expiry or termination for In any case the Client must see to it that the equipment delivered is stored in condi- any reason and guarantee compliance with this obligation by all their employees and tions that ensure proper conservation and security subcontractors or other contractors This obligation is an obligation of result Any non-compliance with this confidentiality commitment will constitute a breach of the provisions of Directive EU 2016/943 of 8 June 2016 on the protection of undis- In cases where the Client has contracted the transport and assumes its cost it shall closed know-how and business information trade secrets and law No 2018-670 of 30 be responsible for all monetary consequences of any direct action of the carrier July 2018 transposing this Directive with the provisions of which the Supplier and the against the Supplier 5.2 </p><p>Transport customs and insurance HUCHEZ CATALOG 2026 102 </p> </main> <aside> <ul> <li><a href='https://www.huchez.com/interactive-catalog/'>Interactive digital catalogue HUCHEZ 2026 - 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