TERMS AND CONDITIONS

ARTICLE 1 – GENERAL CLAUSE

Our sales are subject to the present conditions, which prevail over any purchase conditions, unless we formally and expressly waive them. The fact of placing an order implies the customer’s full and unreserved adherence to these terms and conditions of sale.

ARTICLE 2 – PRICE – TERMS OF PAYMENT – PENALTIES

Unless otherwise agreed, our prices are ex works and are exclusive of tax. The validation of the order implies the acceptance of our prices established in euros. Consequently, all transport, customs and insurance costs shall be borne by the CUSTOMER.

Prices are payable within 45 days of the end of the month except in the following cases: payment on order by pro forma invoice may be required.

In the event of total or partial non-payment, late payment penalties will be applied on the basis of one and a half times the interest rate in force on the date of non-payment for the period between the date of payment initially scheduled and that of actual payment (Law 01-420 of 15 May 2001 and L441-6 of the New Commercial Code).

ARTICLE 3 – DEADLINES – TRANSPORT

Delivery times are given as an indication. Unless formally agreed otherwise, they do not constitute any commitment on the part of K2TEC. Any delay in delivery cannot be a reason for the cancellation of the order or give rise to a claim for damages in favour of the buyer.

Regardless of the conditions of sale, the method of dispatch or delivery, the goods always travel at the risk of the recipient, who is responsible for making all reservations to the carrier upon receipt, K2TEC’s responsibility can in no way be called into question for destruction, damage, loss or theft during transport.

ARTICLE – 4 – RESERVATION OF OWNERSHIP

K2TEC retains ownership of the goods sold until actual payment of the full price in principal and incidental. Failure to pay any of the installments may result in the goods being reclaimed.

These provisions do not prevent the transfer of the risk of loss and deterioration of the goods sold and the damage they may cause to the buyer upon delivery.

ARTICLE 5 – WARRANTY – LIMITATION OF LIABILITY CLAUSE

Our products are guaranteed for one year (parts only), for new equipment. This guarantee applies in all cases where, after examination, it is recognised that the products delivered do not conform to the order or contain anomalies or a material defect making them unfit for use.

K2TEC will not be liable for the occurrence of any special or indirect damage, such as, in particular, loss of production, loss or alteration of data, loss of products, even if K2TEC has been informed of the possibility of such occurrence.

K2TEC will not be liable in the event of injury or loss or destruction of goods which is directly or indirectly caused by the use, misuse or inability to use K2TEC products by the customer.

All complaints must be made by registered letter with acknowledgement of receipt. No complaint will be accepted after the use of the delivered products or after the period of 8 calendar days after their receipt, for anomalies, non-conformities or apparent defects.

ARTICLE 5bis – RETURN – REPURCHASE

No goods sold can be returned without the prior agreement of K2TEC.

Replacement is excluded in the event of normal wear and tear of the products, damage or accidents resulting from negligence, lack of supervision or maintenance and faulty or inappropriate use of the products.

It is up to the buyer to provide any justification as to the reality of the defects, anomalies or non-conformities observed.

ARTICLE 6 – SETTLEMENT OF DISPUTES

Any dispute relating to the present sale, would be, in the absence of amicable agreement, of the exclusive competence of the Commercial Court of CHAMBERY.