The general conditions of sales described below concern computer products distributors.

ARTICLE 1 : ACCESS and SECURITY

The system (“the website”) is accessible by the customer during a preset timetable. Câblage Universel Connexion is allowed to suspend the website access for the following reasons:
Maintenance, data updating, and other reasons.

The customer will not access the system without prior authentication. As authentication procedure, the customer will enter his customer number and secret code (authentication data)

The customer will keep in mind his secret code and will not share it with anybody.

The use of authentication data stands for the thorough and indisputable way to identify the customer, and will be used as a confirmation for any purchase order being placed by entering the authentication data.

Any purchase order placed by entering the authentication data will be charged and shipped to the customer following the hereby sales conditions and effective general conditions of sales.

The general conditions of sales of CUC apply to any purchase order placed through the system.

The customer relinquishes thoroughly any right to challenge the validity of any contract reached through the system following the hereby terms and conditions for the sole purpose of the contract being reached through the system.

Câblage Universel Connexion reserves the right to refuse any purchase order placed through the system.

ARTICLE 2 : BILITY

The customer is being held fully responsible for any unlawful access or misuse of the system and of his authentication data, as well as for any direct or indirect consequences due to such unlawful access or misuse. The customer, as an individual and legal entity, is held fully responsible for the access and use of the authentication data by any representative agent, prior, current or future employee, or any other people having access to the system. The customer will take upon himself the entire responsibility for the behaviour of his employees within service and will be held sole responsible for the management and supervision of current legislation in force in the European territories where the customer holds his main operational office.

ARTICLE 3 : EPTANCE OF THE HEREBY CONTRACT

By tacit or implicit acceptance of this contract, and/ or through simple purchase order, the “Purchaser” grants an unqualified acceptance to the entire terms and conditions of the hereby contract without which the sale could not be done and this by way of the derogation of article 1583 du Code civil, with special attention to the retention of title clause, the attributing jurisdiction clause, the penalty clause, as well as any other clause being acknowledged and agreed by the “Purchaser” without special condition.

ARTICLE 4 : TERMS OF PAYMENT

The sales and supply of services provided by CuC are to be paid cash in full without discount. The payment is to be made upon purchase by MONEY TRANSFER, CREDIT CARD, or CHEQUE payable to:
S.A.S Câblage Universel Connexion 6 Avenue de la Durance Buchelay 3000 BP 1126 - 78204 Mantes la Jolie Cedex
Note: the credit card payment will be accepted only if the complete contact details of the card and card holder are fully filled in the purchase order form, including: card number, full name of the card holder, date of expiry, CBN code or CNV code.

ARTICLE 4-1 : Conditions for the opening of an account

Following a first purchase order paid upon by credit card, money transfer or cheque, the customer can request the opening of a customer account. This customer account opening is conditional to the file acceptance by SFAC (Société Française d’Assurance Crédit)
It will grant a 30-day payment period at the date on the invoice.
Should the payment be done by commercial instruments, the draft is to be returned to CuC with acceptation within a 10-day period.
Prior to this, the customer must have returned the “General Conditions of Sales” with his signature and company stamp to CuC’s sales department, along with his Kbis.
For commercial reasons, CuC reserves the right to revise the given agreement for the opening of a customer account depending on the evolution of the financial or legal position of the customer.
Should the outstanding amount of “the purchaser” be higher than the SFAC coverage, the future payments of invoices would be maid by cash payments.

ARTICLE 5 : PURCHASE ORDERS

For the purchase orders placed by fax, mail or e-mail :
The purchase orders received in CuC’s office are valid only after acceptance by the CuC’s accounting services. The customer will be charged a handling flat fee of 7.50 Euros VAT exclusive for every deliverable order lower than 80.00 Euros VAT exclusive (without delivering charges).
The delivery fees are not to be charged if the value of the products reach the amount of 590 Euros VAT exclusive* in Economic delivery mode (48/ 72 hours)
For the customers of Overseas Departments and Territories, the minimum amount for a deliverable purchase order is of 230.00 euros VAT exclusive (without delivery charges).
For the purchase orders placed by Internet :
The incoming purchase orders are effective only after the acceptation of the “Seller’s” accounting services. There is no minimum amount for an order and the delivery fees are not being charged if they reach 590 euros VAT exclusive* in Economic delivery mode. A purchase order being placed and received can’t be modified or cancelled without express agreement of the “Seller”. The alteration or cancelling must be notified by fax on letter-headed paper prior to the sending of the goods or the beginning of the provision of service’s implementation.
Within the scope of the orders being placed through the website, the orders are considered effective at the date of the incoming payment for cheques and at the date of the debiting of the bank account of the purchaser for credit card payments.
For the customers holding a customer account by Câblage Universel Connexion, the order is effective upon its computer processing in CuC’s office.

**Effective only in mainland France and for any order weighing less than 30kg, exception being made for the list of products subject to specific delivery charges such as PC cases and Uninterrupted Power Systems, 19” cabinets and racks, printers, monitors, video projectors, office furniture… (For details see your dedicated sales representative).

ARTICLE 6 : AVAILABILITY OF THE PRODUCTS OF Câblage Universel Connexion

Câblage Universal Connexion hereby expressly notifies that the stock is on display as an indication and is not being updated on a real time basis.
This update is made every working day.
Within this scope, some information regarding the availability of the products is released upon placing the order.
This information is given to CuC directly by its suppliers, meaning some exceptional misinformation or changes are beyond its control and cannot commit its liability.
Should a product not be available after the purchase order has been placed, CuC would inform his customer by mail, telephone or fax as soon as possible.
The customer would be then able to cancel or modify his purchase order entry line.

ARTICLE 7 : RESPONSABILITY OF DISPLAYED PRODUCTS

 All pictures, texts, graphics, information, and specifications reproduced and illustrating products are not contractual.

Therefore Cablage Universel Connection can not be held responsible for errors or missings appearing in one of those pictures, texts or graphics, information or product specification, or if product specifications are modified by suppliers.

ARTICLE 8 : INTELLECTUAL PROPERTY

All written pages, commentaries, documents, drawings and pictures reproduced on the website pages of Câblage Universel Connexion are protected by copyright and intellectual property legislation for the entire world.
As such, and in accordance with the Code de la Propriété Intellectuelle specifications, the sole private use is permitted unless different specifications or else more restrictive terms of the intellectual property legislation.
Any other use is to be considered a counterfeit and will be punished under the terms of the intellectual property enforced legislation, unless given prior authorisation by Câblage Universel Connexion.
Any partial or total reproduction of the catalogue or website of Câblage Universel Connexion is strictly forbidden.

ARTICLE 9 : QUALITY OF SERVICE

From time to time the telephone conversations with the sales representatives can be heard by their manager for quality control purposes and system improvement.
The telephone conversations are not recorded.

ARTICLE 10 : DELIVERY, CARRIAGE AND SHIPMENT

The recipient will be responsible for the checking of the goods: accurate number of pieces and good condition of the products upon delivery.

The “Seller’s” delivery period policy is given for information only, and the shipment and delivery of the purchase orders are made from Monday to Friday.

For the deliveries to mainland France, it is possible to choose between two transportation modes if the order is weighing less than 30 kg and does not contain any products with specific delivery charges (please contact your sales representative for more details about the relevant products): Economic and Express delivery modes.

For any order placed before 17:00 hours (working days):

Economic Delivery Mode
48 to 72 hours delivery period (as a piece of information), from 11.50 euros VAT exclusive, for parcels weighing less than 30 kg to mainland France (excluding Corsica).

Express Delivery
The goods are delivered the following day before 13:00 hours (guaranteed period), from 15.90 VAT exclusive, for parcels weighing less than 30 kg to mainland France (excluding Corsica).

Should there be any delay, no order would be cancelled.

For any parcel weighing over 30 kg, please don’t hesitate to inquire for more information about carriage fees.

The website can provide international deliveries for Overseas Department and Territories and some other countries. The customer is welcome to ask CuC’s Exporting Department to get the relevant information about the carriage charges for such international deliveries.

Withdrawal of goods

To withdraw the goods, the customer will be asked a valid ID (carte d’identité). The purchase orders must be placed at least 24 hours prior withdrawal.

Working hours for the withdrawal of the goods

Monday to Thursday: 09:00 to 12:15 and 13:00 to 17:30

Friday: 09:00 to 12:15 and 13:30 to 16:30

The payment of the order is to be made only by cheque, credit card or account terms.

Useful tips for the withdrawal of the goods:

Upon delivery, in the presence of the delivery person, please check the general condition of the package(s) as well as the seal. This seal (security tape) must not be altered. Should the customer have a doubt on the box and its contents, he would unpack and check the goods for damage and missing pieces in the presence of the delivery person.

If there is any problem regarding the delivery (missing pieces or damaged goods), the recipient must:

- Express circumstantial reservations on the delivery sheet in the presence of the delivery person.

- Send a registered letter with acknowledgment of receipt to the transportation company within 3 working days following the delivery of the goods, explaining the reasons and circumstances of the legal dispute (see article L133-3 du code du commerce).

You are welcome to inform your dedicated sales representative of the matter with the transportation company.

Warning : Statements such as : “sous-réserves de déballage” [subject to unpacking] are null and void.

ARTICLE 11 : PRICES

The retail price list is released for information only on the website and can be modified by CuC without prior notification.
The retail price list is released for information only in the catalogues and the final price of purchase will be decided considering the market conditions and the currency fluctuations at the time of the order being received.
Should there be any changes in the price list between the date of the purchase order and the date of the delivery, the customer would be kept informed and would get a cooling-off period for further consideration (to decide for the order being maintained, reduced or cancelled).
Our prices are expressed without taxes, carriage charges, handling fees, and specific blister packaging charges. Any other charges are not included in the price.
Our prices do not include any possible discount.
In this very case please contact Câblage Universel Connexion. For some heavy products, or oversized products, the carriage fees must be confirmed.

ARTICLE 12 : RETENTION OF PROPERTY

According to the enforcement of the loi n°90-335 du 12 mai 1980, the “Seller” has full retention of property for the delivered goods, until full payment of the total amount (principal and interests).
Should the payment not be fulfilled at the agreed period, the “Seller” would be allowed to take the goods back, and the deal would become effective in full right should the “Seller” decide so, and thus the down payments taken back by the “Seller”, as a compensation for the “Purchaser’s” enjoyment of the goods.
In case of a legal dispute or objection on behalf of the “Purchaser”, no compensation of any kind could challenge the retention of property clause.

ARTICLE 13 : NON-PAYMENT AND DELAYED PAYMENT

In accordance with l’article 124 du Code du commerce, the non-payment of any deadline payment on the due date shall stop the order process.
The payment of the total amount shall become due by the “Purchaser”, and all existing payment conditions applicable to the aforementioned invoices shall be nullified.
In case of a non-payment of a deadline payment, CuC reserves the right to suspend all orders not being yet processed, or else to cancel them.
The partial payments already received shall remain the property of CuC.
In case of the non-respect of the obligations due by the “Purchaser”, the contract shall be terminated in full right to the advantage of the “Seller”, without any prejudice regarding the damage claims that could be demanded to the “Purchaser”.

ARTICLE 14 : PENALTIES FOR DELAYED PAYMENTS

In accordance with the loi n° 92-1442 du 31 décembre 1992, any payment delay, even partial, shall induce penalties of five times the current legal interest rate.

ARTICLE 15 : PENALTY CLAUSE

By express agreement and except any prior payment delay agreed by CuC, the non-payment of the delivered parcels in due date by the customer shall induce damage claims and a flat compensation of 45.73 Euros VAT exclusive accordingly to the penalty clause.

ARTICLE 16 : ATTRIBUTION OF POWERS

Should any dispute arise regarding the interpretation of the hereby contract, no authority but the Tribunal de Commerce de Versailles should have the powers even for proceedings involving several defendants, or for guarantee calls.
The “Seller” reserves the right to bring the matter before the relevant administrative judge, depending on the location of the “Purchaser’s” main office.
The hereby contract is governed by French law.
The application of the Convention de Vienne regarding the international allocation of the goods is removed from the hereby contract.

ARTICLE 17 : CASE OF FORCE MAJEURE

In case of “force majeure”, the execution of the contract obligations shall be suspended on the “Seller’s” side. A case of “force majeure” is an event isolated from the will of the “Seller” preventing the normal operation at a manufacturing state, a supplying state, or a delivering state of the goods.
The total or partial strikes are considered as “cas de force majeure” if they are a source of obstruction to the good running of the “Seller’s” company or one of his supplier’s, subcontractor’s or carriage company’s. Are also considered as “cas de force majeure”: any interruption of transportation ways, power supply, raw material supply, spare parts supply or any natural disaster.

ARTICLE 18 : WARRANTY

The “Seller” applies the manufacturer’s warranty to all the selling goods.
The claims for apparent damages or non-compliance of the goods must be notified to the “Seller” by registered mail with acknowledgement of receipt within an 8-day period following the delivery.
Any legal dispute notification, by mail or any other ways, does not prevent the “Purchaser” from paying the invoice in due date
The warranty does not include the abnormal wear and tear of the products, caused by misuse regardless of the manufacturer’s recommendations.
The “Seller” shall not be held responsible and will not exchange any product outdated following the use of updated softwares and operating systems.
The “Seller” is distributing products that are manufactured by a third party.

ARTICLE 19 : PRODUCT RETURN CONDITIONS AND PERIODS

In case of a failure, the return of the product must follow a notification by fax or e-mail (a form is at the disposal of the “Purchaser» on the website), at CuC’s technical service desk.
Only this service will be able to follow up the product’s return procedure.

- For a wrong product being delivered, the “Purchaser” is granted a claiming period of 8 days following the delivery; any claim past the delay shall be rejected. Any product returned must be accompanied with the formal acceptance of the “Seller”. The customer must forward the request before returning the product.

- For an after-sales service, the request must be accompanied by the product part number, the date of purchase, and the invoice number and delivery sheet number.

- For a return due to a “Purchaser’s” mistake, the request must be accompanied by the form including the return number sent by the “Seller”. The “Purchaser” will be charged a fee (10% of the value of the product(s) with a flat fare of 25.00 Euros VAT exclusive, deducted on the voucher amount plus the extra repairing charges if the product is damaged).

As soon as a request is filed, and if the request includes all the documents, a return authorization number will be issued along with a return sheet and sent to the “Purchaser”.

The “Purchaser” must return the product in the initial packaging, without any marking on the packaging along with all installation guides, user manuals, accessories, and a copy of the return sheet mentioning the return authorization number clearly visible on the box.

The return authorization number and the return sheet hold a 15-day period of validity, and past this delay, a fee will be deducted from the voucher amount (30% of the price of the product, plus the repairing charges) if the equipment is damaged. For a product standard replacement, the “Seller” will return the product into the packaging sent by the “Purchaser”. Any product returned without the return sheet and/ or return authorization number of the “Seller” labelled on the box will be rejected and immediately sent back to the sender.
Any product return made along with carriage not paid will be rejected.
The consumables and cleaning products with opened packages will not be taken back.

Important notice
Should one of the hereby clauses of these General Conditions of Sales be declared invalid by a court order, it would not negate the applicability of the remaining clauses which would remain in force.