<article class="subdiv"> <header id="titre" class="subdiv"> <h1>Notes such measures as the supplier may see fit to take</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/103"><img style="width:100%;" src="./thumbs/103.jpg"></a> </div> </div> <nav id="breadcrumb"> <p>Vous êtes ici : </p> </nav> <main> <p>x NOTES Such measures as the Supplier may see fit to take in the interest and on behalf of the The warranty excludes any other benefit or indemnification Client as regards insurance transport etc shall be considered to have been taken if The replacement or repair of parts under the warranty does not in any case extend the there is a contract distinct from the sales contract In the absence of instructions the warranty period Supplier will proceed to dispatch the Equipment in the Client's best interests carriage Replacement and repaired parts are guaranteed under the same conditions as the forward or Ex Works at the lowest rates In the event of a specific transport original parts and for a new period of the same duration For the other components request the corresponding additional costs will be passed on to the Client In any intervention under the warranty has the effect of extending it by the duration for which case transport is under the Client's entire responsibility the Equipment being insured the equipment was immobilised only if the Client expressly so requests For parts of particular relative importance not manufactured by the Supplier itself and which bear the brand of specialised manufacturers the warranty which may vary 5.3 </p><p>Checks - Acceptance depending on the constructor will be the same as that granted by the latter All operations concerning acceptance checking trials and certificates are the res- Where the Equipment is used outside mainland France the Supplier may amend the ponsibility of the Client and for the Client's account extent and other conditions of the warranty as defined in these conditions Unless otherwise stipulated no warranty applies to second-hand equipment sale or 6 PAYMENT assignment of the Equipment by the first user brings an end to the warranty 6.1 </p><p>Payment terms and conditions In no case will a contractual warrant apply to parts that are assembled other than by the Supplier or a third party approved by it In the meaning of these general conditions and unless otherwise stipulated payments The warranty does not apply and any liability of the Supplier is excluded in the event shall be made to the Supplier by bank transfer in euros net and without discount and of non-payment by the Client The warranty may not be relied on by the Client to are due in full on the following conditions justify a default or delay in payment - before dispatch for all first orders - 45 days from the end of the month in which the invoice is issued for subsequent 7.2 </p><p>Supplier's responsibility orders The Supplier's responsibility is strictly limited to its or its subcontractors' compliance In the event of deterioration in the Client's financial situation observed by any means with the contractual specifications expressly agreed and/or attested by a significant delay or recurrent delays in payment delivery of orders The Supplier's responsibility for elements integrated with the Equipment by the Client and in progress will take place only against payment prior to dispatch for the integration of the Equipment into a larger context or set of equipment is excluded In accordance with Article L.441-10 </p><p>of the Commercial Code the terms agreed The Supplier can be held liable only if the Client has first shown the existence of da- between the Parties for settlement of sums due may not exceed 60 days from invoice mage of a fault on the part of the Supplier and that the former was caused by the latter issue date The Supplier's liability will be limited to the direct material damage caused to the In accordance with this same Article any non-payment of a sum due at the term Client by faults attributable to the Supplier in the performance of the contract agreed shall entail ipso jure and without prior notice from the first day of delay The Supplier's civil liability for all causes together except for bodily injuries and gross - the application of delay interest equal to the most recent refinancing rate of the misconduct is limited to 50% of the pre-tax amount of the supplies European Central Bank plus 10 points without prejudice to any damages that might The Supplier is not obliged to remedy either the compensable consequences of the also be claimed faults of the Client or of third parties relating to the performance of the contract or - the application of a flat charge for recovery fees in an amount of 40 Directive the damage arising from the Client's use of technical documents information or data 2011/7/EU of 16 February 2011 Law 2012-387 of 22 March 2012 and Decree 2012- emanating from the Client or imposed by it 1115 of 2 October 2012 - when the recovery fees shown are greater than the sum In no circumstances will the Supplier be required to indemnify direct or indirect immaterial of this flat charge additional compensation subject to supporting documentation damage such as operating losses loss of profit opportunity cost commercial harm etc Furthermore the remaining sums due will immediately become due and payable 7.3 </p><p>Exclusions from warranty and liability Payments in advance are made without discount All warranties and all liability of the Supplier are excluded in the following particular cases Sums paid prior to delivery are considered down payments and do not therefore give - unsuitability of the Equipment for its application the Client any right to terminate the contract - implementation assembly installation use manipulation or maintenance which is 6.2 </p><p>Title retention clause incorrect unsuitable or non-compliant with the instructions which may have been The Supplier retains full ownership of the goods constituting the object of the contract provided by the Supplier or the manufacturer of the Equipment notably installation until full and effective payment of the principal price and ancillary sums Non-payment use and maintenance instructions or with best practices for use of any invoice falling due may entail the reclamation of these goods Nevertheless upon - non-compliance by the Client the user or a third party with applicable safety and delivery the Client assumes the risks of loss or deterioration of the Equipment and environmental regulations responsibility for such damages as it might suffer or cause for any reason whatsoever - use of the product by the Client under operating and environmental conditions which Until they have been paid for in full the goods may not be resold or transformed are not mentioned in the contractual specifications without the prior agreement of the Supplier However if the resale of equipment is the - negligence defective monitoring storage or maintenance Client's usual business as distributor it may resell equipment that it does not yet fully - the start-up or installation by the Client without the presence of the Supplier in cases own Such resale must be made with a title retention clause in favour of the original where an intervention by the Supplier is provided in particular for joint acceptance Supplier and the receivables arising from this resale will belong ipso jure to the latter - the modification or repair of the product or the addition or integration of parts or in the event that the Client's payments are delayed or cease elements by the Client the user or a third party without the prior written agreement of the Supplier 7 WARRANTIES AND RESPONSIBILITIES - deterioration defects or accidents attributable to the Client the user or a third party 7.1 </p><p>Contractual warranty or arising from parts supplied or imposed by the Client or a fault committed by the Client with regard to the execution of the contract The Supplier gives a mechanical warranty whereby it undertakes to remedy any func- - any error or omission in the specifications the designs or the technical solutions tional defect of the Equipment stemming from defective materials or execution inclu- imposed by the Client ding assembly or erection if this was entrusted to it within the limits of the following - an event of force majeure as defined in these general conditions provisions To this end it may at its option repair or replace the defective parts All Equipment suffers normal wear and tear over time which leads to progressive Unless the particular conditions state otherwise this undertaking applies only to deterioration of its performance This deterioration cannot lead to liability or be the defects that become evident within a period of 12 months from the delivery date subject of a warranty defined as the date of readiness The Supplier may if it sees fit convert this period into hours of use depending on the type of Equipment or how it functions In such case the warranty shall expire on the earlier of one year from delivery date or attainment of the number of hours of use If the conditions in which the equipment is used involve a working regime of more than one daily 8-hour shift a reduction in the warranty period may be agreed In order to make a claim under the warranty the Client must advise the Supplier without delay in writing of the defects it attributes to the product and provide whatever proof it has of the reality of these defects It must give the Supplier free rein to observe these defects and assess whether the conditions of the warranty have been met and specify the operating conditions existing at the time these defects were observed The warranty is limited at the Supplier's option to the repair or replacement of the parts returned to its workshops at the expense and for the risk of the Client and 8 DISPUTES acknowledged by the Supplier as being defective This excludes paint surface cove- The Supplier's failure or forbearance to rely on one of the stipulations of these general rings wear and tear and defects resulting from normal use of the product conditions at a specific time cannot be interpreted as being a waiver of the right to Labour costs relating to the disassembly or reassembly of these parts shall be borne exercise these conditions subsequently by the Supplier when these activities are carried out by its personnel or agents Similarly the nullity of any of the clauses of these general conditions shall not affect In cases where the Supplier has given its agreement to a warranty operation other the validity of the remaining clauses than in its workshops the corresponding travel and accommodation costs will be The Supplier and the Client undertake to try to settle their differences amicably before invoiced to the Client resorting to any other means of settlement Except if the matter is urgent if no The costs of disassembly and reassembly of the Equipment and the logistical costs amicable settlement can be reached within one month of the first request either Party relating to the means of handling shall be borne by the Client may request mediation or apply to the competent court Failing amicable agreement The free supply of replacement parts is understood as Ex Works Supplier the Commercial Court of Beauvais 60 - Oise France has sole jurisdiction whatever The replaced parts once again become the property of the Supplier and must imme- the conditions of the sale and the form of payment even in the case of proceedings diately be returned to it after replacement at the Client's expense against a guarantor or plurality of defendants The re-dispatch of Equipment not covered by the warranty shall be borne by and at the The contract and related documents are governed solely by French law risk of the Client V331-34.2024 </p><p>- Rev.1 </p><p>21.10.2025 </p><p>7.4 </p><p>Penalties If penalties and indemnification amounts have been agreed upon they shall be flat amounts releasing the paying Party from all liability and excluding any other kind of sanction or indemnification These contractual penalties will be capped and will be applied only to the portion of supplies or services in question 7.5 </p><p>Waiver of recourse The Client waives recourse and guarantees that its insurers and third parties in contractual relationships with it will waive recourse against the Supplier or its insurers beyond the limits and exclusions established in these general conditions HUCHEZ CATALOG 2026 103 </p> </main> <aside> <ul> <li><a href='https://www.huchez.com/interactive-catalog/'>Interactive digital catalogue HUCHEZ 2026 - 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