x NOTES x TÉRMINOS DE VENTAS Estos TÉRMINOS Y CONDICIONES GENERALES PROFESIONALES están disponibles para el suministro de los EQUIPOS DE MANIPULACIÓN CATALOGADOS Para los EQUIPAMIENTOS ESPECÍFICOS deberá consultar los TÉRMINOS Y CONDICIONES PROFESIONALES correspondientes - the accepted order - the delivery note and the invoice 2 ORDERS CONTENT AND PERFECTION OF THE CONTRACT payment terms if it considers that the Client's solvency situation foreshadows a partial or 1 GENERAL total payment default and/or if the order comes from a Client with which it has had one or These general conditions apply to all contractual relationships between HUCHEZ more payment incidents hereinafter referred to as the Supplier and the client hereinafter referred to as In the event of a serious failing on the part of either Party to fulfil an essential obligation the Client hereinafter also referred to collectively as the Parties and each the non-defaulting Party may terminate the contract ipso jure after issuing formal notice individually as a Party and define their rights and obligations for the sale of which shall have remained without effect for 30 days specifying the alleged failing and catalogued equipment and devices hereinafter the Equipment and the associated stating the wish to terminate the contract by virtue of this Article This provision shall services if any not stand in the way of the right to seek damages for the harm and loss suffered as a They are compliant with the rules of competition law result of the total or partial non-performance of the contract Application of Article 1222 In accordance with Article L.441-1
of the Commercial Code the general of the Civil Code relating to the Client's power to have the obligation carried out itself is conditions of the Supplier constitute the sole basis for commercial negotiation expressly excluded No price reduction requested on the basis of Article 1223 of the Civil Unless otherwise agreed by the Parties all orders placed with or acceptances of Code may be applied without the Supplier's express prior agreement offers from the Supplier entail acceptance of these general conditions 2.4
Return of Equipment Any purchase conditions of the Client have the value of a proposal No other document derogating provision or other provision not included in these Returns namely the taking back of merchandise and the issue of a credit note in favour general conditions will be enforceable vis-à-vis the Supplier unless the Supplier has of the Client can take place only with the Supplier's express prior written agreement expressly accepted it in advance and in writing and subject to all the following conditions being met The particular conditions can result only from a negotiation based on these general - returns are admitted only for the standard products shown in the catalogue in force at the conditions of sale time of the request for return with the exception of gantry cranes jib cranes and hoists Any derogation from these general conditions in favour of the Client is subject to - the request for return must be sent to the Supplier within 30 days of the date of delivery valuable consideration - the Client must return the product carriage paid costs and risks for its account to the place indicated by the Supplier - the product must be returned in perfect condition protected or packed in its original packing 2.1
Contractual documents - the return does not exonerate the Client from its obligation to pay These general conditions and the particular conditions accepted in the terms referred - The return gives rise to the issue of a credit note for the price of the products to in Article 1 are contractual documents concerned after verification of the condition of the products less a flat amount withheld The following contractual documents apply in the following decreasing order in respect of administrative handling and with a possible further deduction taking of priority account case by case of the specific costs associated with the return and with storage of the products - the Supplier's offer The Supplier's consenting to the return of a given product does not give the Client the - these general conditions right to return any other products even if they are identical Where catalogued Equipment has been technically modified to meet the Client's needs no return of such Equipment will be accepted by the Supplier The Supplier's technical specifications form the technical basis of contracts unless specifically agreed otherwise Documents such as promotional documents catalogues advertising and prices not 2.5
Unforeseen events and force majeure specifically referred to in the particular conditions do not form part of the contract a In the event of an unforeseeable change of circumstances at the time of concluding Information photographs weights models prices and drawings appearing in such the contract making its execution excessively onerous for one or other of the Parties documents are provided for purely indicative not contractual purposes and the they will negotiate the amendment of the contract in good faith It is further agreed Supplier reserves the right to make such changes to them as it sees fit even after that such events include the following in particular but without limitation change in the acceptance of orders provided the essential characteristics and performances of the price of commodities change in customs duties change in exchange rates change in Equipment are not altered legislation Where versions of documents exist in more than one language and where the If either Party refuses to renegotiate or if attempts to renegotiate are unsuccessful the interpretation of terms is called into question the French version shall prevail Parties may agree to terminate the contract with effect from such date and on such 2.2
Offer price and acceptance conditions as they may determine or they may by common accord ask a court to adapt it Unless the Supplier indicates otherwise its Offers shall be valid for one month This Failing agreement within a reasonable time the courts may at the request of a Party period will also be considered to constitute the fixed period referred to in Article revise the contract or terminate it with effect from such date and on such conditions as 1117 of the Civil Code they may determine in accordance with Article 1195 of the Civil Code Consequently Once this period has passed the Supplier may alter the conditions of its Offer and the Supplier declares that it does not accept the risk of such changes in circumstances update the price taking account of the evolution of costs in advance No stipulation of firm price or any other mention may be interpreted as Prices are quoted before taxes customs duties and expenses and the costs of acceptance of this risk transport insurance and packing Ex Works or EXW They are invoiced in accordance with the conditions of the contract b Neither Party may be held liable for delay in fulfilling or failure to fulfil any of its The Client will be notified of any change in the price list two months prior to its taking effect obligations under the contract if such delay or failure is the direct or indirect effect of an Unless a particular price has previously been agreed all deliveries of catalogued products event of force majeure will be invoiced at the price referred to in the acknowledgement of receipt of the order An event of force majeure is an event that is beyond the control of the affected Party In cases where it is necessary to carry out specific prior studies in order to produce an which could not reasonably have been foreseen at the time of signing the contract offer in line with the Client's requirements but the offer does not lead to an order such the effects of which cannot be avoided by means of appropriate measures and which studies will be priced specifically prevents the fulfilment of that Party's obligation The contract will be strictly limited to the supplies and services expressly mentioned Each Party shall inform the other Party without delay of the occurrence of any event by the Supplier in its offer or catalogue of force majeure of which it is aware and which in its judgement is likely to affect the The Supplier reserves the right performance of the contract - to replace the products forming the object of the contract with products of an If the impediment is temporary fulfilment of the obligation is suspended unless the equivalent specification providing this does not lead to either an increase in the price resulting delay is such as to warrant termination of the contract If the impediment lasts or an alteration of the quality for the Client for more than one month the Parties must confer as soon as possible to examine in - and to entrust all or part of the studies supplies or services forming the object of the good faith the evolution of the contract contract to any subcontractor of its choice If the impediment is definitive the contract is terminated ipso jure in the terms provided The contract is not perfected unless and until the Supplier has expressly accepted the by Articles 1351 and 1351-1 of the Civil Code if the affected Party agrees order in writing by any means and the Client has paid the entire sum indicated in the It is expressly agreed that the following in particular but without limitation are considered sales Offer as being due upon ordering as events of force majeure An expression of intent to order will not be treated as an order - natural disaster - earthquake tempest fire flood 2.3
Amendment suspension cancellation resolution ipso jure - armed conflict war civil strife terrorist attacks The order expresses the Client's irrevocable consent Any amendment suspension - labour conflicts general or partial strike by employees of the Supplier or the Client or cancellation of all of part of the contract requested by the Client is conditional upon - labour conflicts general or partial strike by employees of suppliers service providers the Supplier's prior express acceptance formalised in a written agreement taking carriers postal or other public services account of any additional costs and timing differences that may derive from such - imperative injunction of the public authorities prohibition of imports embargo etc change - operational accidents machine breakdown explosion cyber-attack In the event of suspension this agreement will also define how long the suspension - failure or deficiency of suppliers will last and the Supplier will have the possibility of invoicing the proportional part of the order already undertaken In the event of total or partial cancellation the Supplier will be entitled to demand execution of the contract and payment in full of the sums stipulated therein The Supplier also reserves the right not to accept an order or orders or to establish new 3.1
Supplier's responsibility The Equipment delivered is compliant with applicable technical regulations and the 3 COMPLIANCE AND TECHNICAL REGULATIONS HUCHEZ CATÁLOGO 2026 101