GENERAL CONDITIONS OF SALE

1-1 Our sales are subject to these general conditions, which prevail over any purchasing conditions unless we formally and expressly agree to an exemption. No clauses shown on the buyer's order that are contrary to our general conditions of sale may be used against us.

1-2 Any suspension or cancellation of orders in progress, for whatever reason, will only be accepted by us in return for compensation equivalent to the value of the goods.

1-3 Any commitments made by our agents are only valid if we have accepted them.

1-4 When a customer places an order, this acts as proof of his acceptance of our general conditions of sale. Any written acceptance of the customer’s general conditions of purchase will in no circumstances prevail over our general conditions of sale.

2-1 Our price lists and offers are established using the ex-VAT prices in force on the day of the offer, and are handed over subject to any rises that may occur prior to the delivery of the goods.

2-2 Our prices are established for the quantities specified in our offers. They may be revised for all orders for less than these quantities.

2-3 Packing materials are invoiced at cost price and are not taken back.

2-4 Our prices are ex-VAT and ex-works (EXW: Incoterm CGI 1990). The buyer must pay all taxes, duties fees and other payments to be made in application of the various regulations in force.

3-1 Our delivery times are given in good faith for guidance purposes and are not binding. Unless formally agreed by us in advance, late delivery may in no circumstances, including strikes, justify the cancellation of current orders or the right to damages.

3-2 Due to manufacturing requirements, we reserve the right to deliver up to 10 % more or less than the quantities requested.

4-1 If the buyer observes a visible defect or a non-compliance in terms of quantity or quality in the goods delivered compared to those ordered, he must inform us in writing within one week of receiving them. Any complaints made verbally beyond the above period will be invalid and will therefore not be taken into consideration by the company.

4-2 Furthermore, notwithstanding the reserve of ownership clause, if the buyer, on receiving the goods, notices that the goods are damaged or that parcels are missing, he must express all the necessary objections and reservations to the carrier in the forms and within the deadlines required according to the method of transport chosen and whether it is national or international.

4-3 The goods may only be returned with our written agreement where they do not comply with the order that has been placed and the recipient has expressed his reservations under the terms set out above. Our agreement to the return of the goods may not be considered as an acknowledgement of the alleged non-compliance or visible defect.
In accordance with the above provisions, and where the non-compliance or visible defect has been recognised by us, the returned goods will be either replaced or made compliant, at our discretion, without any payment of damages.
The buyer will cover the cost and risk of returning the goods.

5-1 Whatever the arrangements for delivery and retrieval, our goods travel at the buyer’s risk and peril (even “carriage paid”). As the company does not insure the products that it dispatches (though it may do if the buyer issues a special instruction), the buyer must cover the cost of insurance.

6-1 Guarantee: our guarantee period for all imported goods is the manufacturer’s guarantee period.
We may not be held liable for any manufacturing faults observed in the goods sold in their original condition. We pass on any complaints concerning the delivered goods and apply any guarantee clauses following agreement from our principals. Complaints must be made within 1 week of receiving the goods. We may not be required to pay compensation for any direct or indirect losses.

6-2 Our guarantee is limited to the repair, or replacement if we are unable to carry out repairs, of the parts acknowledged to be faulty, to the exclusion of all damages.
The buyer will bear the full cost of repairing any goods or parts for which the defect is the result of abnormal use, force majeure, normal wear and tear, poor maintenance or the use of inappropriate maintenance products.

6-3 Characteristics and overall dimensions: these are given for guidance only and must not be considered as a contractual commitment.

6-4 Return of equipment: After prior written agreement from us, carriage and packing paid.
This return may give rise to a maximum refund of 80 % of the value of the equipment at the time of invoicing, following an assessment in our shop.

7-1 Our payment deadlines are those set out in our general conditions of payment or specially indicated in our estimates.

7-2 Whatever the payment method, we reserve the option, in the event of a failure to meet payment deadlines, of cancelling all contracts and orders, and of invoicing all costs already incurred. We also reserve the right, even when we are in the midst of performing a contract or order, to demand a guarantee that all commitments towards the company will be fulfilled. A refusal to provide such a guarantee will give us the right to cancel all or part of the order or contract.

8-1 If one of the clauses in this document is contrary to an essential national or international provision, the other clauses in the document will not be nullified and the parties will make every effort to maintain the effects of the nullified clause and the balance of these general conditions of sale.

9-1 If an amicable solution cannot be found, the Commercial Court closest to the vendor’s registered office will have sole competence to rule on the dispute or objection.
These general conditions of sale are subject to French law, to the exclusion of any international convention that may apply in reference to French law.
The French text of these General Conditions will have sole validity.

10-1 In the event of a dispute of any kind whatsoever, jurisdiction is expressly attributed to the Commercial Court in Seine-and-Marne, irrespective of the conditions of sale or the agreed payment method and location, even in cases of third-party proceedings or multiple defendants. The parties’ rights and obligations are governed solely by French law.

By express agreement and unless a postponement has been requested in time and granted by us, failure to pay for goods supplied y us on the agreed date will lead to:
11-1 All outstanding sums becoming payable, irrespective of the agreed payment method (by accepted draft or not).
11-2 Compensation equivalent to 15 % of the sums due becoming payable in respect of damages and a penalty clause, in addition to any interest and legal costs.
11-3 The recovery of the discount (at the rate in force) and a penalty calculated at the rate in force for each month of delay (each month that has started is due in full).

The transfer of ownership of the goods is dependent on the buyer paying the price in full in accordance with the Act of 12 May 1980 (no. 80.335). All reproduction of our website, sales documents and catalogues (photos, plans, etc.), even partial, is prohibited: MVI intellectual creation and property. No document may be reproduced without MVI’s written agreement.
In accordance with the provisions of articles 1, 2, 3 and 4, we reserve the right to claim all removable assets, even if they have been incorporated into an installation, within 4 months in the event of receivership, business failure, personal insolvency or bankruptcy.

ALL ORDERS ASSUME IMPLICIT ACCEPTANCE OF THESE AGREEMENTS.