General Conditions of Sale

I– GENERAL

 Except in the event of a specific, written agreement, the issue of an order by the Customer implies their acceptance of the following terms and conditions of sale:-

 Proposals are only valid for fifteen days, unless stipulated otherwise.

 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.

 II- CHANGES OR CANCELLATION OF ORDERS

 If when an order is being carried out the Customer provides a change in writing to the quantity or features of the product, the prices and scheduled delivery dates may be reviewed.

 No cancellation of an order for a product specific to a Customer shall be accepted

III- DELIVERY TIMES

 Times provided are indicative only and are not fixed.

 No penalty may be demanded in the event of late delivery unless there has been an explicit or written stipulation between the parties.

 The following are considered cases of force majeure and in all cases relieve Geemarc Telecom of all responsibility: wars, strikes, epidemics, accident, bad weather, shortage of raw materials, fire, and, more generally, events causing the total or partial stoppage of production in the workshops of Geemarc Telecom or its suppliers. Additionally, in cases:-

 i)When payment conditions have not been met

 ii) When information to be supplied by the Customer was not received on time or was incomplete or inaccurate

 iii)Where there are past unpaid debts

 Geemarc shall be automatically relieved of any commitment in respect of delivery times, without compensation or damages.

IV– 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 15 days following date of delivery.

 However, the return of goods is only accepted by Geemarc Telecom when the conditions below will have been met:-

 i)The Customer must obtain in advance a written agreement by Geemarc Telecom

 ii)The Customer must state the precise reason for the return

 iii) The return must be made in the complete original packaging, which shall be in perfect condition, at the Customer’s expense

 iv)The product must not have suffered any deterioration for any reason whatsoever (in particular during storage, checking, installation and de-installation etc)

 v)The product must not have undergone any modification after delivery

 V– TRANSPORTATION – INSURANCE

 For Ex-Works deliveries, the Customer must insure the merchandise. For deliveries duty paid (DDP) direct to the Customer, the goods dispatched are insured 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.

 VI– TERMS OF PAYMENT

 Goods must be paid for at the offices of Geemarc Telecom, either in cash or 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 2% 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. 

 In application of Article L.441-6, the maximum time for payment of an invoice is end of month 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.

 – MANUFACTURER‘S WARRANTY

 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.

 2.  Validity of the warranty

 The contractual warranty is valid for two years from date of purchase in the shops of Geemarc Telecom’s Customers.

 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.

 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.

 VII– 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.

 VIII– JURISDICTION

 This Contract shall be constructed in accordance with English Law and shall be justifiable only in the Courts of England Wales.