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I. — GENERAL TERMS AND CONDITIONS OF SALE

The following current general conditions of sale apply in all rights to all sales of the following products: Polishing Pads, Slurries, consumables for opticians and for laboratories, and more generally the entire range of products marketed and sold by the company DACVISION under that brand and under all of the brands distributed by the company, notably DACEDGE.

The sale is considered concluded on the date the order is accepted by the Vendor.

Before this date, the current conditions of sale will be made available to the Buyer, in accordance with Article 33 of Ordinance nº 86-1243 of 1 December 1986, modified.

Any order implies acceptance of and complete adherence, without reservations, to the current general conditions of sale, which prevail over all other conditions, with the exception of those that have been explicitly accepted by the Vendor in writing.

II. — ORDER

Any order, to be recognized, must be in writing or communicated by fax or by any equivalent means of technology to ensure there is proof of the contractual agreement, at the principal store of the Vendor, located at 7 avenue Joliot Curie Périgny 17180 France.

The acceptance of the order by the Vendor results in a confirmation that the order has been received; the details accepted and confirm the terms by mail, email, or any equivalent process.

Any order may be cancelled or modified by the Buyer in writing up to the date of shipment and departure from the Vendor’s factory.  As of this date, the entire order is considered closed and final.

Any modification made by the Buyer may lead to additional billing and a new expected date of shipment.

III. — SHIPMENT

Unless notified by the Vendor to the contrary, the shipment will be carried out from the principal store of the Vendor at the address indicated at the time the aforementioned order is placed, within 15 days from when the Vendor receives an order in proper form.

The preparation and the sending of the invoice will follow the aforementioned shipment as soon as possible.

The Buyer assumes all risks of the order from the date of shipment.

The shipment date is only an estimation and is not guaranteed.

Delay in the date of shipment does not give cause to withhold any compensation or payment.

In addition, the shipment date indicated may be delayed by any events out of the control of the Vendor, which result in the delay of shipment.

In any event, the shipment will not take place in the estimated time if the Buyer is not up to date on all of its obligations, notably its payments to the Vendor.

In the case of multiple sales, default on payment by the due date of one sale will result in other shipments being postponed until payment has been made for the sales due.

The expenses and the risks linked to the shipment process of the products are at the cost of the Vendor.

Upon shipment, the risks of the products are transferred to the Buyer.

IV. — RECEIPT OF THE PRODUCT

The Buyer will take receipt of the products ordered at the principal store of the Vendor or at the place indicated in III above, within 8 days, after receiving notification from the Vendor that the products are available, which notification shall be sent upon shipment of the products.

After this time, the Vendor has the right to settle the sale, if it seems appropriate, without prior formal notice, in accordance with the provisions of article 1657 of the Civil Code.

The Buyer will assume the expenses and risks associated with the transport of the products sold, upon shipment.  The transfer of ownership and risk becomes effective as soon as they exit our stores.

The Buyer must verify upon receipt the conformity of the products delivered with the products ordered and the absence of any apparent fault.

If no complaint or reservation is expressed for this reason by the Buyer in writing on the day the products are received, the aforementioned products may be neither returned nor exchanged, in applying the provisions of Article 1642 of the Civil Code.

In the case that a defect is apparent or that the products delivered do not correspond to the products ordered and is noticed by the Buyer on the day of reception, the Vendor is obligated to replace the products with new and identical products as ordered.

The expenses brought about by the return and the shipment of new products are the sole responsibility of the Vendor.

V. — PRICE AND TERMS OF PAYMENT

The sums paid as a sign of a good order are a DEPOSIT in accordance with the Law, at which time the contract is determined definite.

V.1 — PRICE

Prices are expressed in Euro and do not include taxes or the expenses of shipment, however packaging is included.

A reduction in the price before sales tax of products may be granted to the Buyer under the following conditions:  to be granted before shipment in writing and attached to a good order, to the contract or to the invoice.

V.2 — TERMS OF PAYMENT

Unless agreed to in writing by the Vendor prior to shipment, the price of the sale is payable in cash upon receipt of the invoice, to be made within 30 days of the invoice date, net and without discount.

Under no circumstances may the payments that are due to the Vendor be suspended or be subject to any reduction or compensation without a written agreement by the Vendor.

Any payment made to the Vendor shall be credited toward the oldest amounts due by the Buyer to the Vendor.

If there is a default on any payment (in full or in part) of the price on the maturity date, the Vendor will be able to terminate the sale, if default remains after 5 days after formal notice to the Buyer, without prejudice to the Vendor’s right to demand additional damages.  In conformity with Art L 441-6 of the Code of Commerce, the late penalties are due in the absence of settlement the day following the date of payment that appears on the invoice.  The penalty rate is 15% per year.

V.3 — INVOICING

The Vendor will prepare, the shipment of the order, an invoice in duplicate form, of which one copy will be delivered the same day to the Buyer.

The invoice will mention the information seen in Article 31 of the Ordinance of 1 December 1986, modified version.

VI. — RESERVATION OF OWNERSHIP

The products sold are subject to a reservation of ownership: In accordance with the Law enacted 12/5/1980 and of the Law of 25/1/1985 modified 10/6/1994, the Vendor explicitly reserves the rights to ownership of the products delivered until payment has been received in full for the price of the sales, expenses and accessories.  However, the risks are transferred as indicated above to the Buyer at the shipment of the merchandise.  In the event of a default in payment by the Buyer of the price (all or part) by the agreed upon due date, the sale will be terminated 8 days after formal notice by a simple RAR letter if the default is not corrected; in which event, the Vendor DACVISION may repossess the merchandise if it seems appropriate and the sums that have been paid by the Buyer will remain the property of DACVISION as damages, without prejudice to any claim or restitution of the sums received by the Buyer as payment of the price following their resale.

For the aforementioned clause to prevail, the Vendor DACVISION will make known their decision formally to the Buyer or their judicial representative in the event of collective procedures by a simple RAR letter to produce the merchandise.

The checks and bills of exchange are not considered to be like payments that count toward their effective collection.

Until this date, the clause that reserves ownership will remain in full effect.

These provisions will not alter the transfer of risk, as indicated above, upon shipment of the products sold.

Until full payment of the price, the Buyer shall not alter nor incorporate the products, nor resell or pawn the products, under penalty of an immediate demand for the return of the products by the Vendor.

VII. — GUARANTEE

The products sold are covered by a legal guarantee of concealed defects, in conformity with Article 1641 of the Civil Code.  The Buyer has 8 days to inform the Vendor by means of an RAR letter of any problems under guarantee, any claim thereafter is inadmissible.

The aforementioned article lays out: “The Vendor is bound by the guarantee for the reason of hidden defects in the items sold which renders improper usage for the purposes of which it was designed, or that reduces the usage to such an extent, that the Buyer would not have acquired, or would not have given more than a lesser price, if they would have known”.

No claim for compensation is receivable for said damages by indirect means of common jurisprudence.

VIII. — TERMINATION

The Vendor will inform the Buyer by mail 1 month before the date of termination of the present contract.  The advanced notice is in effect obligatory according to the aforementioned law to inform the Buyer that it is not possible to renew the aforementioned contract.

At fault, if the Buyer is not informed within the aforementioned time period, the Buyer may be able to terminate on the due date without penalty, or even obtain reimbursement under 30 days of the sums paid, with legal interest beyond.

IX. — CAPABLE JURISDICTION – APPLICABLE RIGHTS

All disputes relating to the interpretation and execution of the current Conditions of Sale of products will be the exclusive domain of the Courts of Commerce of La Rochelle (Tribunal de Commerce de La Rochelle).  This enforceable right is the French right included in the Convention of Vienna of 1980 (la Convention de Vienne de 1980) on the international sale of merchandise.  The Vendor takes up residence at its company headquarters at the location already indicated.


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