1. GENERAL PROVISIONS
The Customer named on the reverse agrees to purchase from IDcapt and IDcapt agrees to sell to the Customer the products, software and services under the terms of payment and deadlines defined, any changes or reservations to these conditions even specified in writing by the Customer are not binding on IDcapt, unless such changes have been expressly accepted and countersigned by the Management of IDcapt. In the case of special agreements, all other clauses not mentioned remain applicable.
The products, software and services supplied are exactly and only those specified. The information contained in the prospectus is given as an indication and does not commit the IDcapt Company which reserves the right to make any changes to the characteristics, layout, presentation, shape, size or material, or functionality of its products, software and services. This is part of its permanent policy of technical improvement of its productions. The plans or technical documents that could be provided free of charge before or after the conclusion of the order remain the property of IDcapt. In any case, they cannot be used by third parties or transmitted to third parties without the authorization of IDcapt, and in this case, they must be clearly marked “Property of IDcapt”.
3. INFORMATION / ACCOUNT OPENING REQUEST
Before signing an order, the customer undertakes to produce the information requested by IDcapt, on the appropriate forms, and guarantees the said information sincere and true, under penalty of cancellation of order, at the exclusive initiative of IDcapt, in this case the deposit paid remains acquired to IDcapt as compensation.
4. VALIDATION AND ACCEPTANCE OF THE ORDER
An order will be validated only after being accepted by IDcapt, and after, according to the type of customer, the deposit provided in Chapter 5 has been paid. In case of refusal to validate the order at the initiative of IDcapt, the deposit received will be returned without any deduction.
The standard terms of payment are fixed for customers, at 30 days net date of invoice.
When opening a new customer account, a deposit of 30% of the amount excluding tax will be attached to the order. The non-payment of this deposit may result in the pure and simple nullity of the order, without any compensation of any kind against IDcapt. However this clause of nullity is not opposable to IDcapt, which alone will be able to prevail. Checks or bills of exchange are considered as payment only after their effective collection. In case of cancellation of order at the initiative of the customer, after a period of 15 days after the signature of the order, IDcapt will keep the deposit of 30% to be used on a future order within a period of one year, from the date of cancellation. The payment of the balance of the order, increased by the VAT, will intervene in the 30 days net following the delivery date.
In case of non-payment as well as in case of delay, IDcapt will apply the interests of delay at the basic bank rate (TBB) increased by 5 points.
In case of collection proceedings, all costs incurred will be charged to the customer, in addition to the stipulated interest.
6. RETENTION OF TITLE CLAUSE
IDcapt reserves full ownership of the products, software and services delivered until full payment of the price. In the case of sale to a distributor, the latter undertakes to include on its invoices to the final customer, the retention of title clause formulated and demanded by IDcapt, against him.
Our prices are exclusive of tax and transport. They are revisable at any time according to the variation of the cost of their constituent elements in the respect of the legislation in force the day of the invoicing. The customer shall not in any case invoke these price changes to notify a cancellation which would then be deemed unfounded and made at his entire responsibility.
8. DELAYS / DELIVERY
The delivery times given by IDcapt are indicative. Possible delays do not authorize the customer to refuse the delivery nor to delay the payment, nor to ask for an indemnity of any kind. In the absence of particular and notified urgencies, the transport will be made by a company with which IDcapt usually works.
9. TRANSPORT / INSURANCE
The goods will be shipped for a fixed fee according to the number of packages (packaging and postage included). In case of collection at the customer’s initiative, IDcapt’s transport responsibility ceases as soon as the equipment is made available to the customer or his agent (carrier).
10. special services provided by idcapt
The particular contracts, in particular the maintenance contracts, services and software supplies have specific clauses. All the clauses not mentioned in the particular contracts are deemed to be those of the general sales conditions, in particular the validation and acceptance of the order by IDcapt.
11. ATTRIBUTION AND COMPETENCE
In case of dispute only the commercial court of Avignon (84 Vaucluse) is competent whatever the conditions of sale and payment even in case of plurality of defendants. This clause is essential and cannot be derogated from in any way whatsoever.