1. Enforceability
Our sales and services are governed exclusively by these terms and conditions. Consequently, by placing an order, the buyer fully and unreservedly agrees to these terms and conditions. No special terms and conditions may take precedence over these, unless formally accepted in writing by the seller.
2. Formation of the Contract
All orders must be placed by mail, fax, or directly with our sales representatives.
Orders are not considered final until they have been confirmed in writing by the seller.
Once an order has become final, it cannot be canceled; otherwise, the full price of the equipment will be billed to the buyer and is immediately due and payable.
The seller nevertheless reserves the right, in the event of a deterioration in the buyer’s creditworthiness or if the seller has legitimate reasons to believe that the buyer will be unable to pay the price by the agreed due dates:
– either to cancel an order in progress, even if it has become final,
– or to require a solid guarantee or payment prior to delivery, it being understood that payment refers to the receipt of the purchase price.
3. Delivery Terms
Delivery is made either by handing the device directly to the buyer or by handing it over to a shipper or carrier at the seller’s premises.
4. Delivery times
4.1 – Delivery times are stated as accurately as possible. Delays in delivery shall not give rise to claims for damages, withholding of payment, or cancellation of orders, unless expressly agreed to by the seller. The seller is authorized to make either full or partial deliveries. The seller may be released from its delivery obligation in the event of force majeure or unforeseeable circumstances such as labor shortages, political events, irregularities in the delivery of raw materials, interruptions or delays in transportation, etc., whether these events are suffered by the seller or by its suppliers. In such cases, the seller is authorized to suspend its obligations by extending the agreed-upon deadlines, or to terminate the contracts.
4.2 – In any event, timely delivery is contingent upon the buyer having fulfilled all obligations to the seller.
5. Shipping Costs and Risks
Delivery is deemed to have been made as soon as the carrier takes possession of the goods. The goods are transported at the recipient’s risk, regardless of the mode of transport or the terms of payment for the freight charges. It is the recipient’s responsibility to inspect the goods, make any necessary reservations upon their arrival, and, if applicable and within the legal time limits, pursue any claims against the carrier. In the event of a problem, the customer must notify our company within 24 hours of receiving the package by email: contact@physioquanta.com
6. Receiving
Without prejudice to any action taken against the carrier, claims regarding apparent defects or discrepancies between the delivered equipment and the equipment ordered or listed on the packing slip must be submitted in writing within 8 (eight) days of delivery of the equipment.
After this period, no such claims will be accepted.
8. Warranty
All our equipment is covered by a warranty. The warranty period is specified on the order form based on the specific device and begins on the invoice date. This warranty covers parts and labor performed in our workshops. Under no circumstances shall repairs or any resulting consequences give rise to a right to compensation for any reason whatsoever. The warranty does not apply in cases of negligence during assembly or installation, or as a result of misuse. The warranty does not apply to parts subject to normal wear and tear.
9. Warranty Exclusions
Any claim under the contractual warranty is admissible only if it is made in writing and if the buyer is up to date with their financial obligations to the seller.
Defects and damage caused by normal wear and tear, an external accident, improper installation, or the opening or tampering with the device by a third party are excluded from the warranty.
10. Price
The devices are supplied at the price in effect on the date of the order.
11. Payment Terms
Unless otherwise specified, all payments must be sent to the address indicated on the order form or handed to one of our representatives. Invoices may be paid using one of the following payment methods:
a) payment included with the order (credit card, check, or bank transfer)
b) external financing (through a financing institution) or internal financing (through our company).
For France, equipment is sold inclusive of tax.
For EEC countries (excluding France), equipment is sold tax-exclusive provided the customer supplies their intra-community VAT number in advance.
For countries outside the EEC, equipment is sold excluding tax. It is shipped by carrier, and the cost of shipping is the customer’s responsibility. If the customer wishes to pick up the equipment on-site, they must pay the VAT in advance until the customs clearance form is submitted to our services. The VAT advance will then be fully refunded.
For the purposes of these terms and conditions, payment is not considered to have been made merely by the delivery of a check or bill of exchange, but only upon the collection of the full invoice amount on the agreed due date.
Any deterioration in the buyer’s creditworthiness may justify the requirement of guarantees or payment in cash or by drafts payable at sight prior to the fulfillment of orders received or prior to the due date of invoices issued; likewise, the seller reserves the right at any time, depending on the risks involved, to set a credit limit or overdraft for each buyer, it being understood that these terms apply to all current orders. The buyer’s refusal to comply with these conditions entitles the seller either to cancel all or part of the orders or to declare all amounts due immediately payable.
12. Late Payment or Non-Payment
In the event of late payment, the seller may suspend all pending orders, without prejudice to any other remedies. Any amount remaining unpaid upon the invoice’s due date shall automatically, and without prior notice, give rise to the payment of late payment interest at the statutory rate from the due date until the date of payment.
In the event of non-payment forty-eight hours after a formal notice has remained unheeded, the sale shall be automatically terminated at the seller’s discretion, and the seller may seek the return of the equipment through summary proceedings, without prejudice to any other damages. In the event of payment by bill of exchange, failure to return the bill shall be deemed a refusal of acceptance equivalent to a default in payment. Failure to pay a single installment shall result in the immediate enforceability of the entire debt, subject to formal notice. The same applies to any change affecting the buyer’s legal status or creditworthiness. In all of the foregoing cases, any amounts due for other reasons or for any other cause shall become immediately due and payable, unless the seller elects to cancel the corresponding orders.
The buyer shall reimburse all costs incurred in the collection of the amounts due and shall pay compensation equal to twenty percent of the unpaid amount. Under no circumstances may payments be suspended or be subject to any set-off without the prior written consent of the seller.
13. Retention of title
The seller retains title to the delivered equipment until full payment has been made. The assertion of title to the goods does not constitute either a rescission or a termination of the sales contract. The seller may exercise this right in the event of the buyer’s failure to fulfill any of its obligations, particularly in the event of non-acceptance of a bill of exchange, and if the seller has legitimate grounds to believe that the buyer will be unable to meet the agreed-upon deadlines. All costs incurred in reclaiming the goods or their price shall be borne exclusively by the buyer.
Our company owns the software and programs it develops, even if the software has been specifically adapted to meet the customer’s particular needs and requirements. Our rights are protected by the law of March 11, 1957, regarding copyright, and our company reserves the right to enforce the specific protections established for software creators in the event of a violation of our copyright.
14. Competent Courts
Any dispute shall be settled exclusively by the courts of MONTPELLIER, which shall rule in accordance with French law.
