Terms for sales - Navigair

I. SCOPE

These general conditions of sale, possibly modified or supplemented by the special conditions of the order are the only which govern the contractual relationship between NAVIGAIR and the CLIENT. They apply to all sales of materials, equipment, accessories or spare parts, hereinafter collectively referred to as “material”. Acceptance of the order under these conditions will be deemed acquired on the occurrence of one of the following events: signature of the order by the CLIENT, absence of observations from the CLIENT on these conditions within eight days from the date of order acknowledgment, start of order execution.

II. PRICE

The contract will only be concluded by and upon written confirmation of the order by NAVIGAIR. As of this day, no modification can be made to the contract without the written consent of NAVIGAIR. The prices are understood excluding taxes, net cash without discount, departure NAVIGAIR, transport and packaging not included. Our prices are valid on the date of our offers, which are valid for eight days. Payment of the price means actual collection.

III. TRANSFER OF OWNERSHIP AND RISKS

The equipment remains the property of NAVIGAIR until full payment of the price by the CLIENT (article L 621-122 and following of the Commercial Code).

The risks related to the equipment are transferred to the CLIENT upon delivery.

IV. PAYMENT TERMS

Unless otherwise stipulated in the special conditions, the price is payable cash on the day of receipt of the invoice. The opening of an account can be done only after production of the commercial and banking references and acceptance by our services. Until a term account is opened, goods are delivered against payment before shipment or dispatched against reimbursement. Each time the payment of the price is subject to payment facilities in favor of the CLIENT, either at the time of the order, either later, it is agreed that the CLIENT may neither transfer the ownership of this material for consideration or free of charge, nor encumber this material of any movable security, nor take the equipment out of the country where it is installed. In the event of non-payment on the agreed date either of the full price, either a due date in the event of installment payment, the sums due will automatically bear interest at a rate equivalent to the key rate of the European Central Bank increased by 7 points (Directive n°2000/35 of 29 June 2000). Under no circumstances does the payment of such interest constitute a lump-sum compensation for the damage suffered by NAVIGAIR. Furthermore, in the case where the outstanding payment would not be settled within 60 working days following the due date, an indemnity of 15% calculated on the amount of the unpaid tax, will be invoiced to the client. The application of these provisions does not prejudice the rights of NAVIGAIR to avail itself of the other provisions stipulated herein.

In addition, in the event of payment default by the CLIENT for a single installment, the full price will automatically become payable 5 working days after a simple formal notice to pay sent by registered letter with acknowledgment of receipt remained unsuccessful.

V. DELIVERY

Delivery times are given for information only and without commitment.

Any delays do not entitle the CLIENT to compensation or the payment of any penalty whatsoever. Deliveries and delivery times will in any case be suspended if the buyer does not perform his obligations, and in particular in the event of non-payment of the price on the due dates agreed or if he does not provide NAVIGAIR with the documents necessary to execution of his order. The material is transported at the expense and risks of the CUSTOMER, even for shipments free or against refund. All material is deemed to be recognized and accepted at the stores of NAVIGAIR by the CUSTOMER. In the event that the CUSTOMER does not take delivery eight days after a notice informing him that the material ordered is at his disposal, NAVIGAIR reserves the right to dispose of the material and postpone the execution of the order to a later date.

VI. GUARANTEE

Compliance by the CUSTOMER with the clauses of the contract and in particular those concerning the terms of payment is a sine qua non condition for the application of the Guarantee scheme.

a) Scope

The warranty applies to any defect in material or construction. It only covers original parts and components supplied by NAVIGAIR and only insofar as the equipment has been used and maintained in accordance with the recommendations of the manufacturer and NAVIGAIR.

The warranty period is as follows:

6 months for parts from their delivery
as provided by the manufacturer for the equipment from its start-up

The repair or replacement of parts carried out under the warranty does not have the effect of extending the warranty period for the equipment. The warranty only covers the cost of repair or replacement. Under no circumstances may the immobilization of the equipment, the time for repair or exchange, the transport costs, the costs of dismantling and reassembly as well as the damage caused to the surrounding installations give rise to the payment of any compensation by NAVIGAIR for the benefit of the CUSTOMER.

b) Terms

The services resulting from the application of the guarantee are carried out in principle in the NAVIGAIR workshops after the CLIENT has returned the equipment to it and requested the application of the guarantee. The warranty is granted only after examination of the defective parts or components returned to NAVIGAIR. Any part recognized as defective is replaced free of charge from NAVIGAIR stores, or repaired in its workshops. The choice between repair or replacement under the guarantee as well as the methods of execution of these different operations is the exclusive competence of NAVIGAIR. Any material or part replaced in application of these provisions becomes the property of NAVIGAIR.

c) Exclusions

The warranty does not cover the costs of transferring the defective equipment or parts or the cost of returning the repaired or replaced equipment or parts, which costs always remain the responsibility of the CLIENT, as well as in the event of repair on the installation, travel and subsistence expenses of NAVIGAIR technicians. The warranty is excluded for incidents due to fortuitous events or force majeure, for all replacements or repairs resulting from normal wear and tear or from negligence, lack of supervision or maintenance, and use in conditions that do not comply with the recommendations. the manufacturer and/or NAVIGAIR. Any equipment delivered or ordered before acceptance of the implementation of this warranty by NAVIGAIR will be invoiced to the CLIENT.

Unless there is a specific prior written agreement from NAVIGAIR, the warranty applies exclusively to French territory.

VII. RESPONSIBILITY

NAVIGAIR undertakes to deliver equipment that complies with the regulations in force, the contractual specifications and the rules of the trade.
Excluding NAVIGAIR’s gross negligence and compensation for bodily injury, NAVIGAIR’s liability will be capped, all causes combined, at the price of the equipment ordered.
Under no circumstances will NAVIGAIR be required to compensate for immaterial and/or indirect damage which the CUSTOMER may claim in respect of a claim, in particular production, operating and profit losses.

VIII. ATTRIBUTION OF JURISDICTION AND JURISDICTION

The contractual relations between NAVIGAIR and the CLIENT are subject to French law. Any dispute or litigation relating to the interventions of NAVIGAIR will be submitted to the Commercial Court of Antibes, to which jurisdiction is expressly attributed.