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