Production: ARCANES Communication – www.arcanes.fr
Art director: Romain BORNE
Editor: Philippe MARCHAY

PHASELEC
Head office: 1514, avenue de la Plaine – 06250 Mougins
04 93 75 52 87 – contact @ phaselec.fr – www.phaselec.fr
LLC company SARL with a capital of 50 000 € – SIRET 518 230 800 000 22 – RCS Cannes 518 230 800

Hosting
SAS OVH – http://www.ovh.com
2, rue Kellermann – BP 80157 – 59100 Roubaix – 08 20 69 87 65

GENERAL TERMS AND CONDITIONS OF SALE

  1. General clause
    The placing of an order implies the complete acceptance without reservation of these terms and conditions which cannot be replaced by any other document the customer may have, particularly by any other conditions of sale, except with prior and explicit agreement of our company. These terms and conditions of sale apply to all sales of products or provisions of services by our company with the exception of specific agreements agreed upon in writing by both parties prior to ordering. Consequently, placing an order implies that the customer, without any restriction, accepts the general terms and conditions of sale, excepting special condition granted by written consent from our company.
  2. Contract formation
    Our offers and quotations provide for the special conditions that modify or supplement these general conditions. They constitute a firm contract upon the client’s acceptance accompanied with the deposit, if any, that may be specified on the purchase order. Our offers and quotations are valid for a period of one month only.
  3. Intellectual property and confidentiality
    The studies, plans, drawings, and documents delivered or sent by our company remain our exclusive property; our company shall remain the sole owner of the intellectual property rights of these documents and they must be returned to us upon our request. Our customer may not use any of these documents that might infringe the industrial and intellectual rights of our company and our customer may not disclose them to any third party.
  4. Work completion and timeframes
    Instructions to begin the work may only be given after acceptance of our written proposals and payment of the deposit for the order, except if special conditions exclude the latter. With the exception of specific provisions, work may begin after a normal period of preparation. The completion times given in our offers and quotations are given for informational purposes; these are dependent on supply difficulties from our suppliers and the timely provision of the technical specifications, studies, and preparatory work by the customer. Delays in project implementation cannot give rise to any penalty or compensation, nor can they justify cancellation of the order.  For all time-based work such as repairs, for instance, every hour started will be invoiced in full.
  5. Warranty
    Our 1-year warranty starts on the delivery date and covers operating defects resulting from defective material or manufacturing affecting the electrical system. In the case of sale to a consumer only, the legal guarantee provided for in articles 1641 and following of the French Civil Code is in any case applicable.  The warranties applicable to our services are governed by articles 1792 and following of the French Civil Code which are of public policy.  Under application of these articles, our services may, depending on their nature, fall under the guarantee of completion (valid for one year starting at acceptance of the work), or under the ten-year guarantee (valid for ten years starting at acceptance of the work), or under the guarantee of good working order ((valid for two years starting at acceptance of the work). Our warranty does not cover normal wear and tear, damage caused by negligence or lack of maintenance, incorrect implementation, improper use, damage caused by third parties, interventions on or modifications of the system without our express permission. Likewise, it does not cover any inadequacy of the system and its features with respect to any of the customer’s individual needs that were not specified in the order.
  6. Price, conditions of payment and penalties
    The prices are given net of taxes, their nature (firm or revisable), their amount, terms of payment and due date are specified in the special conditions and on our invoices. Unless stated otherwise in the special conditions or on our invoices, payment is made by check or bank transfer with the references written on the invoices and dated with the date on the invoices. Failure to make one payment on its due date will render all other payments immediately due. Furthermore, as a penalty clause and in accordance with legal provisions the customer will be legally liable for a penalty for late payment determined by subjecting the full amount of all outstanding payments to an interest rate of 15%. For professional customers (article L.441-3 of the French Commercial Code), compensation for recovery costs for late payment: 40€; this amount will be revised if the costs incurred exceed it. No discount will be granted for early payment. Only check cashing and the reception of bank transfers shall be considered as constituting full payment under these general terms and conditions of sale.
  7. Retention of ownership clause
    The transfer of property of our products and systems is suspended until effective payment of the full price, both principal and accessory, even if payment terms have been granted. Default of payment on any due date whatsoever may entail a claim for the return of the goods. These provisions do not prevent the transfer of risks to the buyer in the case of loss or damage to the products or of any damage they might cause from the date of delivery.
  8. Settlement of dispute
    In the event of any dispute, and subject to the application of the new French Civil Procedure Code, article 48, only the Courts having jurisdiction within the geographic location of our head office shall be competent.
  9. Applicable law
    Any questions regarding the present general terms and conditions of sale, together with the services and sales it governs, which have not been covered by the present contractual stipulations, shall be governed by French law, to the exclusion of any other law.