General terms and conditions of sale

Those general terms and conditions of sale shall apply to all orders for furniture placed by the Purchaser (Customer) to the Seller (SIMMOB). Any Purchaser’s general terms and conditions of purchase should only apply insofar as the Seller (SIMMOB) has consented to them in writing. Placing an order entails express acceptance by the Purchaser, of those general terms and conditions of sale. In the event of deviations between the English version of those general terms and conditions of sale and any version in another language, the English text prevails.

ACCEPTANCE OF ORDERS
Orders placed by the Purchaser do not bind the Seller (SIMMOB) or become firm and final until they are confirmed in writing by the Seller (SIMMOB). The order confirmation shall be regarded as the firm and final agreement on the specifications, quantity, price, procedure for payment, time and place of delivery for the ordered furniture. Any amendment to the order requested by the Purchaser is conditional upon the Seller’s (SIMMOB) written agreement. Any cancellation, return or refund of the order requested by the Purchaser is conditional upon the Seller’s (SIMMOB) written agreement.

PRODUCTS
SIMMOB furniture is sold disassembled and is to be assembled by the Purchaser. Technical information and assembly guidelines are available on simple request. The Seller (SIMMOB) reserves the right to make changes in design, construction, materials and dimensions, or to discontinue products without prior notice.

PRICES
All prices are indicated on the Seller’s (SIMMOB) price-list. The costs for packaging are included in the prices. All prices are in Euros, exclusive of any taxes, and quoted on the basis of EX WORKS Matha, France (EXW, Incoterms 2010), unless otherwise agreed. All additional services such as transportation, shall be supported by the Purchaser, and invoiced in addition. All taxes and duties of any nature required by a governmental authority, state or local, either directly or indirectly, upon the sale or transportation of the products included in the invoice, shall be supported by the Purchaser, and invoiced in addition. The Seller (SIMMOB) reserves the right to amend prices so as to incorporate currency fluctuations or unforeseeable variations in the cost of materials, energy or labor, without Purchaser’s prior agreement.

DELIVERY
The delivery deadlines mentioned on our order confirmations are only indicative. The Seller (SIMMOB) strives in all cases to respect them but any variations in the lead time shall not entitle the Purchaser to cancel the order, or refuse the goods or claim damages. Unless otherwise agreed, the Seller (SIMMOB) delivers the orders « Ex Works » (Incoterms 2010) Matha – France. The Purchaser carries out all operations involving transport, insurance, customs, and bears all risks of transport loss, damage or delay, whether or not related transportation has been arranged by the Seller (SIMMOB) and even if the furniture were sold carriage free. The risks and liability are transferred to the Purchaser at the time the products are handed over to the carrier.

FORTUITOUS EVENTS AND FORCE MAJEURE
The Seller (SIMMOB) is relieved of any obligations with regards to the Purchaser for all fortuitous events or in case of force majeure. It is expressly agreed that events of force majeure shall be, in particular but not limited to, international tensions, war, riots, total or partial strikes, paralyzing bad weather, blocking-labor or blocking-roads situations, fire, flood, shortage of raw materials or any circumstances beyond the Seller’s (SIMMOB) reasonable control.

CLAIMS
The Purchaser should inspect the products immediately upon delivery. Any and all claims relative to product’s conformity, shall be reported to the Seller (SIMMOB) by registered letter with acknowledgment of receipt, within three days from the delivery date. Past this period, no claim will be admissible. In the event of a compensation relative to product’s conformity, the amount of such compensation shall in no case exceed the price of the product itself. Any claim relative to transport loss or damage shall be reported to the transport company.

WARRANTY
The Seller (SIMMOB) sells the furniture with a generic 2 years/5 years warranty. This warranty consists in the repairment or replacement of any defective components or spare parts of the products. The warranty does not cover and is not extended to defects or damages caused by the transport or by negligence in handling, storing, using or maintaining the furniture. Any liability and risks subsequent to the delivery, included damages to persons or goods, shall exclusively be borne by the Purchaser.

PAYMENTS
Place of fulfillment shall be the Seller’s (SIMMOB) head office in MATHA. Unless otherwise agreed, payment of invoices should be made within 30 days net end of the month. The Seller (SIMMOB) reserves the right, at any time, in accordance with incurred risks, to revoke any credit extended to the Purchaser, and to require specific payment terms or specific guarantees. Failure to pay any single invoice at due date shall entitle the Seller (SIMMOB) to refuse or cancel any outstanding orders, and shall lead to immediate playability of any other outstanding amounts. Returns costs, extension of benefits fees and outstanding payment fees shall always be borne by the Purchaser. In the event of a payment default, after formal notice to the debtor by the Seller (SIMMOB), the due amounts will strictly bear interest at ECB REFI rate + ten points. Pursuant to Article 121 of Law No. 2012-387 of 22 March 2012 a fixed indemnity of 40 euros shall apply to professionals in a situation of payment failure.

RETENTION OF TITLE
Pursuant to Law of 12/05/1980 n° 80/335 the furniture shall be transferred to the Purchaser’s ownership once and only once the Purchaser has fulfilled payment of their full price. Until then the furniture remains the Seller’s (SIMMOB) property.

INTERNET POLICY – INDUSTRIAL AND INTELLECTUAL PROPERTY
The Purchaser expressly recognizes that the Seller’s (SIMMOB) name, logo, product images, pictures, trademarks, commercial names or any other distinctive marks, as well as written or electronic documents, drawings, data and information remain the exclusive property of the Seller (SIMMOB).

In the event of a dispute, the Court of SAINTES - France shall have exclusive jurisdiction, wherever the place of delivery is.