Article 1 – Application of conditions
These terms and conditions of sale (the “Terms and Conditions of Sale”) govern all purchases of products (“Products”) by ADVANCED SMART TECHNOLOGIES (AST) from its suppliers.
Acceptance of an order implies full acceptance of the Terms of Purchase, which the supplier has read and agrees to abide by it. No special conditions can prevail against the General Conditions of Purchase, unless expressly accepted in writing by a representative of SMART ADVANCED TECHNOLOGIES (AST) duly authorized to that effect. In particular, any conditions contrary to the supplier’s Conditions of Purchase will be void against ADVANCED SMART TECHNOLOGIES (AST) .
Article 2 – Prices
The prices quoted by suppliers are firm and final, unless specifically mentioned within the sales offering.
Unless special conditions specified in the offer of sale, packaging costs are borne by the supplier and included in the sale price.
Article 3 – Date of manufacture of Products
Unless express acceptance of SMART ADVANCED TECHNOLOGIES (AST) and given their electronic nature, the products will necessarily have a “date code” less than two years from the date of delivery.
Article 4 – Commands
The supplier is engaged in a firm and final upon acceptance of its offer to sell ADVANCED SMART TECHNOLOGIES (AST) .
In case of financing the acquisition of products by one third, the sale will be canceled automatically if failure to obtain financing.
Article 5 – Delivery
The activity ADVANCED SMART TECHNOLOGIES (AST) is the import and export of electronic products to meet urgent needs and demands of its customers.
Given the commitments ADVANCED SMART TECHNOLOGIES (AST) to its customers, delivery times are indicated by the supplier firm and considered an essential condition of the contract. They may be modified, delayed or advanced, without the agreement ADVANCED SMART TECHNOLOGIES (AST) .
In case of delay of more than 24 hours or partial delivery of the order, ADVANCED SMART TECHNOLOGIES (AST) can simply cancel your order and obtain supplies from third. ADVANCED SMART TECHNOLOGIES (AST) reserves the right to claim from the supplier damages in the amount of damages.
Article 6 – Packaging
Products must be transported and delivered in their original packaging or in suitable packaging.
Article 7 – Transportation – Shipping – Risk
When transportation of the Products are organized by the supplier Products travel at your own risk. The supplier is responsible for the choice of carrier and mode of transportation and payment of freight and insurance.
Upon delivery, SMART ADVANCED TECHNOLOGIES (AST) can achieve a conformity of products with contractual specifications and refuse delivery of all non-compliant products. The cost of refusing delivery and return will be borne by the supplier.
Transfer of ownership of products made in the delivery and after the compliance check. Any retention of property is unenforceable unless it was expressly accepted by ADVANCED SMART TECHNOLOGIES (AST) .
Article 8 – Payments
Payment of invoices shall be made to Net 30 days from the end of the month following receipt.
Article 9 – Warranty and Liability
The supplier shall ensure compliance of products delivered to standards and regulations and contractual specifications. He also ensures that Products are free from any defect or hidden, whatever the time of occurrence of the defect.
The supplier shall guarantee and indemnify ADVANCED SMART TECHNOLOGIES (AST) of any third party claims in respect of the Products.
Article 10 – Reprise
In case of defect, nonconformity or defect in products, Advanced Smart Technologies (A.S.T) may require either the recovery and immediate refund of the Products, or replace them without delay.
The return shipping and replacement products will be borne by the supplier.
Article 11 – No Waiver
The fact ADVANCED SMART TECHNOLOGIES (AST) have allowed the breach of any obligation of the supplier, or do not rely on any of these terms and conditions of purchase for some time that either, does not affect the validity of any such obligations and / or provisions and does not constitute a waiver on their part at any time require strict performance of all obligations of suppliers and / or rely on any of these terms and conditions of purchase.
Article 12 – Termination clause
In case of default by either party of any of its obligations, the party creditor of the unfulfilled obligation to the party may still bearing his claim within a period of 30 days.
If notice has remained unheeded, the party creditor may, without his choice can be questioned for any reason whatsoever, decide to terminate the contract. In the event of termination, any advances made to the acquis remain ADVANCED SMART TECHNOLOGIES (AST) as damages.
Article 13 – Applicable law – Disputes
These are governed by French law.
In addition, the parties granting of authority to the Commercial Court of Grasse in any dispute relating to the services performed under this contract and generally hereunder.