GENERAL CONDITIONS OF SALE
A- SALE CONDITIONS
A-1. General
Information provided in the catalogues, notices and price lists is only indicative, and Geemarc Telecom may change these without notice at any time on account of technical or other changes required.
A-2. Validity of the order
- Proposals are only valid for fifteen days, unless stipulated otherwise.
- Modification of the order:
If the Customer makes changes in writing in the quantity or characteristics of the product after the validation of the order, the expected prices and deadlines may be reviewed.
- In the event of cancellation or non-acceptance of an order for a product specific to a Customer, shall be accepted, Geemarc Telecom reserves its rights for any and all losses incurred, including but not limited to loss of profit, scrapping or remanufacturing the goods, travelling, sales commissions. In the event that Geemarc Telecom decides at Geemarc Telecom’s sole option to sell or otherwise dispose of the goods in any market whatsoever, Customer hereby grants Geemarc Telecom the right to use Customer’s trade mark(s), copyright(s) and intellectual property for the purpose of disposing of the subject ordered goods in any market whatsoever.
A-3. Prices
The prices do not include the transport costs and local taxes (unless stated otherwise in writing), including any environmental charges which could be payable during the validation of the order or when they arrive at the final destination.
These prices may be modified during the year, in which case orders will be invoiced at the price of the goods indicated at the time of order registration.
A-4. Delivery Times
Delivery is made to the address provided by the Customer when placing an order.
The provided delivery times are indicative and depend on the type of orders (specific products or not), and quantities ordered.
The responsibility of Geemarc Telecom cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the general conditions of sale arises from a case of force majeure.
Can be considered as a case of force majeure, or in any case, exonerating Geemarc Telecom of any responsibility: wars, strikes, epidemics, accident, bad weather, shortage of raw materials, fire and, more generally, events leading to the total stoppage or partial manufacturing in the factories of Geemarc Telecom or those of its suppliers.
Additionally, in cases:
- When payment conditions have not been met
- When information to be supplied by the Customer was not received on time or was incomplete or inaccurate
- When there are past unpaid debts
- When the incoming components in the manufacture of our products become obsolete, resulting in the premature end of life of the products.
A-5. Acceptance Conditions for Deliveries by the Customer
If no special specification has been stipulated by the Customer in its order and accepted by Geemarc Telecom, the features of the products sold are those appearing in the Geemarc Telecom specifications.
Any complaints concerning the quality of products delivered by Geemarc Telecom must be made within 5 days following date of delivery.
However, the return of goods is only accepted by Geemarc Telecom when the conditions below will have been met:
- The Customer must obtain in advance a written agreement by Geemarc Telecom
- The Customer must state the precise reason for the return
- The return must be made in the complete original packaging, which shall be in perfect condition, at the Customer’s expense
- The product must not have suffered any deterioration for any reason whatsoever (in particular during storage, checking, installation and de-installation etc)
- The product must not have undergone any modification after delivery.
A-6- Transportation – Insurance
The shipment conditions are defined at the time of placing the order.
For deliveries FCA2020 (Seller’s local departure), the transfer of costs and risks occurs at the moment the carrier takes charge of the goods, so it is up to the Customer to insure the goods.
For FOB2020 deliveries (goods placed at the edge of a ship at the port of shipment designated by the buyer), the transfer of costs and risks occurs when the goods have been delivered on the vessel.
For DAP2020 deliveries (direct delivery to the Customer), shipped products are provided with insurance by Geemarc Telecom.
In all cases, it is the recipient’s responsibility to check shipments upon arrival and if required take steps against the transporters should there be any losses or damages to the goods being delivered.
The client has 24h to inform Geemarc about any shortages and/or damages.
A-7. Retention of Title
Geemarc Telecom S.A. retain full title and ownership of the product until full payment is made by the customer to Geemarc Telecom S.A.
B – TERMS OF PAYMENT
if no other requirement issued by Geemarc is specified, the time for payment of an invoice is Net 30 days from invoice date.
Non-payment of an invoice allows Geemarc Telecom, which reserves all its rights and actions, to suspend any delivery, irrespective of the terms of the order, until settlement is made in full and to cancel any discount it might have granted the Customer on an invoice. Non-Payment by the Buyer of either the price or the additional price to the Seller as specified hereinbefore shall entitle the Seller without prejudice to the Seller’s other rights and remedies whatsoever to a contractual rate of interest at 5% above the base rate for the time of HSBC Bank plc. These penalties are liable the day following the date of settlement without the need for a reminder notice.
Goods must be paid in banker’s automated clearing services (BACS), in GBP in all events in accordance within the terms and conditions of the trading account stipulated by Geemarc Telecom in its quotation, order acceptance or related correspondence.
Payments by credit card will be accepted but there is a 5% levy charge for payments made in this way. Any terms of payment that might appear on the Customer’s order do not bind Geemarc Telecom.
C – MANUFACTURER‘S WARRANTY
C-1. Defining the warranty
To qualify for the contractual warranty, a product must meet the following conditions:
Return to Geemarc Telecom after-sales service must be accompanied by:
- The dated invoice,
- Statement of the fault.
- The cause for return cannot be on account of shocks, bad handling, poor maintenance, disassembly outside of the Geemarc Telecom workshops, or damage caused by phenomena external to the product itself, such as dampness, fires or lightning.
- The product must be returned in appropriate packaging.
- Products not meeting these conditions shall be deemed to be outside of the warranty.
C-2. Validity of the warranty
The contractual warranty is valid for two years from date of purchase of a new product from a Geemarc Telecom distributor.
During this period, repairs/exchanges shall be provided free of charge for the products in question. The warranty only covers the fault indicated by the Customer and shall not lead to replacement with a new product unless expressly agreed.
C-3. Warranty conditions
Transport costs for the product in question are the responsibility of the Customer on the way to Geemarc Telecom, and of Geemarc Telecom for the return. Any product returned shall be repaired within on average 15 working days from date of receipt by the technical department of Geemarc Telecom. Geemarc Telecom shall not be responsible for any costs due to the product being out of action or any damages that might arise therefrom.
D – OWNERSHIP
Transfer of ownership of the products only takes place upon full payment of their price. Risks are transferred to the buyer upon delivery of the products.
E – JURISDICTION
This Contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of only the Courts of England.
CGV UK – 110821 rev2
