x NOTES x VERKAUFSBEDINGUNGEN Diese ALLGEMEINEN GESCHÄFTSBEDINGUNGEN gelten für die Lieferung von HANDHABUNGSGERÄTEN aus dem KATALOG Für SPEZIALAUSRÜSTUNGEN beziehen Sie sich bitte auf die entsprechenden GESCHÄFTSBEDINGUNGEN 1 GENERAL payment terms if it considers that the Client's solvency situation foreshadows a partial or 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 2 ORDERS CONTENT AND PERFECTION OF THE CONTRACT - 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 - the Supplier's offer of the products - these general conditions The Supplier's consenting to the return of a given product does not give the Client the - the accepted order right to return any other products even if they are identical - the delivery note and the invoice Where catalogued Equipment has been technically modified to meet the Client's needs The Supplier's technical specifications form the technical basis of contracts unless no return of such Equipment will be accepted by the Supplier specifically agreed otherwise 2.5
Unforeseen events and force majeure Documents such as promotional documents catalogues advertising and prices not a In the event of an unforeseeable change of circumstances at the time of concluding specifically referred to in the particular conditions do not form part of the contract the contract making its execution excessively onerous for one or other of the Parties Information photographs weights models prices and drawings appearing in such they will negotiate the amendment of the contract in good faith It is further agreed documents are provided for purely indicative not contractual purposes and the that such events include the following in particular but without limitation change in the Supplier reserves the right to make such changes to them as it sees fit even after price of commodities change in customs duties change in exchange rates change in acceptance of orders provided the essential characteristics and performances of the legislation Equipment are not altered If either Party refuses to renegotiate or if attempts to renegotiate are unsuccessful the Where versions of documents exist in more than one language and where the Parties may agree to terminate the contract with effect from such date and on such interpretation of terms is called into question the French version shall prevail conditions as they may determine or they may by common accord ask a court to adapt it 2.2
Offer price and acceptance Failing agreement within a reasonable time the courts may at the request of a Party Unless the Supplier indicates otherwise its Offers shall be valid for one month This revise the contract or terminate it with effect from such date and on such conditions as period will also be considered to constitute the fixed period referred to in Article they may determine in accordance with Article 1195 of the Civil Code Consequently 1117 of the Civil Code the Supplier declares that it does not accept the risk of such changes in circumstances Once this period has passed the Supplier may alter the conditions of its Offer and in advance No stipulation of firm price or any other mention may be interpreted as update the price taking account of the evolution of costs acceptance of this risk Prices are quoted before taxes customs duties and expenses and the costs of transport insurance and packing Ex Works or EXW They are invoiced in b Neither Party may be held liable for delay in fulfilling or failure to fulfil any of its accordance with the conditions of the contract obligations under the contract if such delay or failure is the direct or indirect effect of an The Client will be notified of any change in the price list two months prior to its taking effect event of force majeure Unless a particular price has previously been agreed all deliveries of catalogued products An event of force majeure is an event that is beyond the control of the affected Party will be invoiced at the price referred to in the acknowledgement of receipt of the order which could not reasonably have been foreseen at the time of signing the contract In cases where it is necessary to carry out specific prior studies in order to produce an the effects of which cannot be avoided by means of appropriate measures and which offer in line with the Client's requirements but the offer does not lead to an order such prevents the fulfilment of that Party's obligation studies will be priced specifically Each Party shall inform the other Party without delay of the occurrence of any event The contract will be strictly limited to the supplies and services expressly mentioned of force majeure of which it is aware and which in its judgement is likely to affect the by the Supplier in its offer or catalogue performance of the contract The Supplier reserves the right If the impediment is temporary fulfilment of the obligation is suspended unless the - to replace the products forming the object of the contract with products of an resulting delay is such as to warrant termination of the contract If the impediment lasts equivalent specification providing this does not lead to either an increase in the price for more than one month the Parties must confer as soon as possible to examine in or an alteration of the quality for the Client good faith the evolution of the contract - and to entrust all or part of the studies supplies or services forming the object of the If the impediment is definitive the contract is terminated ipso jure in the terms provided contract to any subcontractor of its choice by Articles 1351 and 1351-1 of the Civil Code if the affected Party agrees The contract is not perfected unless and until the Supplier has expressly accepted the It is expressly agreed that the following in particular but without limitation are considered order in writing by any means and the Client has paid the entire sum indicated in the as events of force majeure sales Offer as being due upon ordering - natural disaster An expression of intent to order will not be treated as an order - earthquake tempest fire flood - armed conflict war civil strife terrorist attacks 2.3
Amendment suspension cancellation resolution ipso jure - labour conflicts general or partial strike by employees of the Supplier or the Client The order expresses the Client's irrevocable consent Any amendment suspension - labour conflicts general or partial strike by employees of suppliers service providers or cancellation of all of part of the contract requested by the Client is conditional upon carriers postal or other public services the Supplier's prior express acceptance formalised in a written agreement taking - imperative injunction of the public authorities prohibition of imports embargo etc account of any additional costs and timing differences that may derive from such - operational accidents machine breakdown explosion cyber-attack change - failure or deficiency of suppliers In the event of suspension this agreement will also define how long the suspension 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 3.1
Supplier's responsibility execution of the contract and payment in full of the sums stipulated therein The Equipment delivered is compliant with applicable technical regulations and the The Supplier also reserves the right not to accept an order or orders or to establish new 3 COMPLIANCE AND TECHNICAL REGULATIONS HUCHEZ KATALOG 2026 101