<article class="subdiv"> <header id="titre" class="subdiv"> <h1>Notas</h1> </header> <div id="pdfdata" class="subdiv"> <div style="display:inline-block;width:20%;"> <a href="https://it4v7.interactiv-doc.fr/html/huchez_catalogue_es_1069/rna/page/102"><img style="width:100%;" src="./thumbs/102.jpg"></a> </div> </div> <nav id="breadcrumb"> <p>Vous êtes ici : </p> </nav> <main> <p>x NOTES 5 DELIVERY TRANSPORT AND RECEPTION undisclosed know-how and business information trade secrets and law No 2018-670 of 30 July 2018 transposing this Directive with the provisions of which the Supplier and the Client undertake to comply 4 COOPERATION INTELLECTUAL PROPERTY AND CONFIDENTIALITY technical rules for which the Supplier has explicitly stated compliance of the items of Equipment The manufacturer of the Equipment is solely responsible for the applicable technical regulations applying to its design and first placing on the market In cases where the 4.4 </p><p>Advertising Supplier is the manufacturer it assumes this responsibility The commercial relationship established between the Parties does not give either The offer includes regulatory requirements and more generally the safety Party any rights to the sales materials trademarks or any other distinctive sign of the requirements known by the Supplier when making the Offer In the event that other Party Any use of these elements by the Party not owning them shall require the these requirements change between the presentation of the Offer and complete prior written approval of the other Party performance of the contract compliance with the changed requirements shall not be The use by either Party of these materials trademarks and distinctive signs on borne by the Supplier which will send the Client a complementary offer to this effect documents such as advertising catalogues prospectuses professional catalogues Similarly if during the same period the Supplier receives information which it did not etc is subject to the prior express approval of the Supplier Breach of the above have at the time of making the Offer full plan of the installation accessories etc any provisions may lead at the option of the injured Party to suspension of the fulfilment modifications or additional devices made necessary as a result will be the subject of a of its obligations and if appropriate to damages for the harm suffered complementary offer and adjustment of the deadline 4.5 </p><p>Counterfeiting and unfair competition In the same conditions the Supplier assumes responsibility for the regulatory compliance of the components of the Equipment Each Party guarantees that the elements it has provided or designed for the Any modification of the Equipment not authorised by the Supplier carried out by the execution of the contract plans specifications procedures and their conditions of Client or a third party not approved by the Supplier shall entail the cancellation of the CE implementation etc do not make use of intellectual property rights or know-how held compliance declaration issued by the Supplier The replacement of a part having an impact by a third party They guarantee that they are able to make free use of them without on safety with a part which is not original also leads to the cancellation of this declaration breaching a contractual or legal obligation The Supplier must provide the documents constituting the operating instructions such They mutually guarantee each other against the direct or indirect consequences of any as the user manual in any form and on any support action for civil or criminal liability in particular resulting from infringement actions or unfair competition 3.2 </p><p>Client's responsibility The Client is responsible for commissioning the Equipment in such conditions of use as are foreseeable as normal in accordance with safety and environmental legislation in force in the place of use and with best practices in its industry The Client is responsible for choosing the Equipment that corresponds to its technical needs and its implementation process if necessary and for making sure with the Supplier that the product is suitable for the application envisaged Equipment is delivered together with the user manual regardless of its form and support the user must read it before commissioning 5.1 </p><p>Delivery times and conditions The contract provides a delivery time This is counted from the latest of - the date on which the acknowledgement of receipt of the order is sent - the date of reception of all the information validations materials equipment details of execution due by the Client or necessary to the execution of the contract or as the case may be of the down payment and - the date of fulfilment of the prior contractual or legal obligations by the Client In the event that the Client fails to fulfil any of its contractual obligations the Supplier is released ipso jure from any and all undertakings relating to contractual periods or 4.1 </p><p>Cooperation and statement of requirement deadlines The Client as a professional of the products or services it acquires is responsible for Unless expressly agreed otherwise delivery and realisation periods and deadlines defining and stating its and its clients' requirements are purely indicative The Supplier will use its best efforts to comply with them but Before placing any order it must verify that the Equipment it envisages ordering is delays relative to the timing stipulated cannot justify cancellation of the order refusal appropriate to the use and commissioning intended bearing in mind particularly the to take delivery or termination of the contract nor may they give rise to damages practices and purposes envisaged and the resulting constraints It is obliged to provide compensation or penalties except in the event that these have been expressly agreed the Supplier in writing with all complete accurate and reliable information and particulars Unless otherwise stipulated in the contract partial deliveries are allowed regarding Packaging will be carried out in accordance with the Supplier's standard If the Client - these requirements wishes to have specific packaging it must expressly request it from the Supplier upon - the operating and environmental conditions in which the Equipment will be used concluding the contract The specific packaging costs will be borne by the Client The - the composition and particularities of the products to be handled by the Equipment Client undertakes to dispose of the packaging in accordance with local environmental sold legislation Compliance with the contract will be assessed on the basis of the Client's fulfilment Regardless of the destination of the Equipment and the conditions of sale delivery of these obligations The Supplier cannot be held liable for the consequences of an is considered carried out from the Supplier's factory Ex-Works in accordance with error or omission in the documents provided by the Client These obligations extend the latest edition of the International Chamber of Commerce INCOTERMS in force equally to such study realisation and calibration phases as there may be on the date on which the contract is signed Delivery is effected by means of a notice These obligations apply equally to the Client's agent or representative of readiness sent by any means The Equipment may be delivered in the Supplier's The Supplier will take note of the Client's requests and will meet them within the factory directly to the Client or to a carrier designated by the Client or failing this by limits of feasibility compliance with the contract and best practices It will inform the the Supplier Client to the extent of its technical knowledge of the construction constraints and Unloading of the Equipment at the place of delivery shall be carried out exclusively of any possible effects linked to the use of the Equipment that it knows about taking under the Client's responsibility and with its own means of handling account of the information it has received from the Client Any storage operation requested by the Client will be subject to an express 4.2 </p><p>Intellectual property agreement providing in particular the financial conditions and the conditions relating to duration and risks and possibly based on a scale of storage prices All intellectual property rights and the know-how contained in the documents The Client must take possession of the Equipment within 10 days of the sending of provided the products delivered and the services provided shall remain the exclusive the notice of readiness property of the Supplier Any assignment of intellectual property rights or know-how If the Client does not take possession of the Equipment in the place and on the date must be the object of a specific contract The Supplier reserves the right to hold its agreed and providing such delay is not attributable to the Supplier delivery shall know-how and the results of its research and development work and to make such be deemed effective and the Client shall be obliged to make the agreed payments use of it as it sees fit In such case the Supplier may opt to store the Equipment providing it has been All plans descriptions technical documents or quotations sent to the other Party separately identified borne by and at the risk of the Client and if necessary to assert are communicated by way of a loan for the purpose of evaluating and discussing the the right of retention or the title retention clause Supplier's sales offer They may not be used for any other purpose by the other Party The risks are thus transferred to the Client upon delivery as so defined without These documents must be returned to the Supplier on first request prejudice to the Supplier's right to rely on the title retention clause or to make use of 4.3 </p><p>Confidentiality its right of retention The Parties reciprocally assume the obligation of confidentiality for all oral or written Whatever the delivery conditions it is up to the recipient at its own expense and information of any nature and in any format discussion reports plans exchanges under its own responsibility to check the products or have them checked upon arrival of computerised data activities installations projects know-how products etc The Client is obliged to check upon unpacking the conformity of the products with exchanged in the context of the preparation or execution of the contract even in the the terms of the contract and must report any apparent or detectable defects or non- case of unsuccessful discussions except for information which is generally known to conformities to the Supplier the public or becomes so other than through the fault or action of either Party Unless the Client submits a written claim within 10 days of delivery the Equipment Consequently each Party undertakes shall be considered to have been accepted - to keep all confidential information strictly secret in particular never disclosing In the event of damage or non-conformity with the delivery note the recipient or communicating in any way directly or indirectly all or part of the confidential - shall note its reservations on the delivery note and immediately inform the Supplier information to anyone at all without the prior written authorisation of the other Party in writing - not to use all or part of the confidential information for purposes or activities other - shall inform the carrier of its reservations in the form and times established by than the execution of the contract regulations applicable to the form of transport sending a copy to the Supplier - not to make copies or imitations of all or part of the confidential information The annotation subject to unpacking has no value vis-à-vis the carrier and cannot be The Parties undertake to put in place all such measures as may be necessary in order admitted as a reservation to ensure compliance with this obligation of confidentiality throughout the duration In any case the Client must see to it that the equipment delivered is stored in of the contract and for a further period of 5 years after its expiry or termination for conditions that ensure proper conservation and security any reason and guarantee compliance with this obligation by all their employees and subcontractors or other contractors This obligation is an obligation of result Any non-compliance with this confidentiality commitment will constitute a breach In cases where the Client has contracted the transport and assumes its cost it shall of the provisions of Directive EU 2016/943 of 8 June 2016 on the protection of be responsible for all monetary consequences of any direct action of the carrier 5.2 </p><p>Transport customs and insurance HUCHEZ CATÁLOGO 2026 102 </p> </main> <aside> <ul> <li><a href='https://www.huchez.com/catalogo-interactivo/'>Catálogo digital interactivo HUCHEZ 2026 - 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