General terms of sales

ARTICLE 1 : GENERAL PROVISIONS

Any order for equipment implies the buyer's full and reserved acceptance of these general terms of sale, which supersede any purchase terms, unless formally and explicitly agreed otherwise by 40-30.

ARTICLE 2 : DEFINITION OF SOLD EQUIPMENT

New equipment : equipment that has never been used, packaged or non packaged in its original packaging, 3 month warranty

Refurbished equipment : second hand equipment, serviced, tested, cleaned and with 3 month warranty

Tested equipment : equipment on which operating tests have been performed, that has been cleaned, but that is not guaranteed

As is equipment : second hand equipment that has not been serviced, tested or cleaned, not guaranteed

ARTICLE 3 : DELIVERY – SHIPPING

The delivery is made in accordance with the order either by direct delivery to the buyer or by delivery to a carrier on the premises of 40-30.

40-30 recommends the use of its carrier. However the equipment travels at the risks of the buyer, and the buyer is responsible, in the event of any damaged or missing piece, to make all necessary acknowledgements and confirm its reserves by out of court deed or letter sent by registered mail with receipt confirmation to the carrier within two days from the receipt of the said equipment.

Our delivery times are given for informational purposes and without guarantee ; no late delivery can lead to any offsetting, deduction or order cancellation unless otherwise formally agreed by us.

All costs (carriage, customs duties & taxes) pertaining to the delivery shall be borne by the buyer.

Prior to any shipping, the buyer shall provide :

- Its community VAT number or equivalent

- Its full details (company name, delivery address, name of contact at said address, telephone number, etc…)

- As needed, all contact details (company name, account number, delivery instructions, etc…) of the carrier if the client wishes to use his usual provider.

ARTICLE 4 : RETURN

The buyer, as a professional, has no cancellation right.

However the buyer has a right to return, on the following terms :

- the buyer has received the equipment,

- the carrier recommended by 40-30 was chosen for the carriage of the equipment,

- if the equipment has been installed, it has been so according to professional rules,

- the equipment has an apparent defect and/or the delivered equipment does no match the ordered equipment and/or the equipment does not work.

Claims should be made in writing within 7 days from the receipt of the equipment. The buyer is responsible for providing any supporting document of the defects or anomalies. The buyer shall let 40-30 acknowledge such defects and remedy the same. It shall not do so itself or have a third party do so.

No equipment may be returned by the buyer without 40-30's prior and formal approval sent by fax or e-mail.

Any return accepted by 40-30 shall entitle to a trade-in or refund of the equipment to the buyer, after a quality and quantity check of the returned equipment.

All costs (carriage, customs duties & taxes) and risks in connection with the return of the equipment shall be borne by the buyer.

ARTICLE 5 : RESERVATION OF TITLE

40-30 retains the ownership of the sold equipment until the full payment of the whole price in principal and related amounts, which does not prevent the transfer to the buyer, upon delivery, of the risks of loss or deterioration of the equipment and of any damage it could cause.

ARTICLE 6 : PRICE

The price is given before taxes, before shipping costs and possible customs duties.

It shall be payable solely by bank transfer or by Paypal.

ARTICLE 7 : WARRANTY

The warranty of 40-30 is limited to new or refurbished equipment.

Such equipment carries a 6 months warranty against any operating defect. No warranty shall apply :

- if the defective operation results from negligence or a lack of maintenance by the buyer,

- if the operating defect results from force majeure,

- if the equipment was not used in normal conditions in accordance with its intended purpose and meeting the specifications of the manufacturer.

The warranty is limited to the replacement of parts found defective by the technical department of 40-30. it covers labour costs and costs resulting from disassembling, reassembling, testing and shipping in connection with the return, excluding al other direct or indirect costs.

ARTICLE 8 : LIABILITY

40-30's liability is strictly limited to the price of the equipment, for all loss items.

40-30 declines any responsibility for damages caused to property or people in connection with an unsuitable use of the sold equipment.

ARTICLE 9 : DEFECTIVE PRODUCT

40-30 declines its responsibility for any damage caused to property that is not used by professional clients mainly for their private use or consumption.

ARTICLE 10 : FORCE MAJEURE

Shall constitute force majeure events : strikes, terrorist actions, war, problems affecting the suppliers of 40-30, transport or production, public authority actions, natural disasters... 40-30 agrees to advise the buyer by fax or electronic mail within 48 hours of the date of occurrence of such an event. The contract between the parties shall then be suspended automatically and without compensation as from that date. Should the force majeure event continue beyond 30 days, each of the parties may acknowledge the termination of the said contract by letter sent by registered mail with receipt confirmation to the other party, without such termination entitling to any damages.

ARTICLE 11 : APPLICABLE LAW

Any issue in connection with these general terms of sale as well as with the sales they govern, that is not covered by these contractual provisions, shall be governed by French law, exclusive of any other law.

ARTICLE 12 : DISPUTE SETTLEMENT

Any dispute relating to this sale, even in the event of an impleader or of several defendants, shall be brought to the Business Court of Grenoble, if not amicably settled.

CONTACT

• tel: +33 (0)4 76 84 40 30
• fax: +33 (0)4 76 96 00 13
• email: sales@40-30.com
• website: www.40-30.com
• 29 Rue de la Tuilerie
• 38176 Seyssinet-Pariset
• France