General Conditions of Sales Back
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The general conditions of sale apply to the present commercial and contractual relations binding Kojiwan Retrofit Nautique to the customer who expressly accepts them.
Consequently, the signature by the customer of this contract implies the full and unreserved acceptance of the customer to these general conditions of sale, to the exclusion of any other document.
ORDER, PRICE and PAYMENT CONDITIONS
The order is final when this contract has been accepted and signed by the customer. The prices are understood to be net cash, without discount, departure from Lodève, the customer having to assume in addition the possible costs of transport, customs duty, francization and others.
The price, agreed in the context of the contract when the order is signed, may be increased if a change in the price is made necessary by technical modifications resulting from the application of regulations imposed by the Public Authorities.
In the event of abandonment of the order by the customer, Kojiwan Retrofit Nautique retains the right to demand full execution of the payment by the customer, or damages corresponding to the prejudice that the non-execution could have caused him.
In the event of non-payment or late payment of the installments provided for in the contract, Kojiwan Retrofit Nautique may suspend any further performance of the contract, resulting in the postponement of the date of availability of the vessel. Non-payment of a deposit or the balance or late payment for more than 15 days automatically entails and without formal notice the payment of late payment interest equal to three times the legal interest rate.
RETENTION OF OWNERSHIP
Kojiwan Retrofit Nautique intends to avail itself of the provisions provided for by law n° 80 335 of May 12, 1980 relating to the effects of the retention of title clause, which, in its capacity, the customer declares to be well aware of and accept. It follows that the vessel that is the subject of the contract will only be legally transferred to the client on the day of full payment of the price by the latter.
CONSTRUCTION
The Site reserves the right to call upon the subcontractors of its choice, and which it deems suitable for the needs of the construction.
DELIVERY & CUSTOMER RESPONSIBILITY
Delivery times are given for information only. Delays cannot give rise either to the cancellation of the order or to the payment of compensation for delay.
From the delivery of the vessel, the risks, in particular of loss, theft, deterioration of the vessel or damage caused by the latter, are transferred to the customer notwithstanding the retention of title subject of article 9 below. Consequently, it is up to the customer, as soon as the risks are transferred, to insure the vessel sold against theft, fire or any other form of destruction, degradation, accident or disappearance. It is also the customer's responsibility to take out insurance guaranteeing his civil liability.
IMAGE RIGHTS
the customer hereby authorizes Kojiwan Retrofit Nautique to take photos of his vessel during the construction, either within the yard or in its port environment throughout the period of the construction. He hereby acknowledges authorizing Kojiwan Retrofit Nautique to use these shots in all media (paper, video, internet, etc.) that Kojiwan Retrofit Nautique may use to promote its activity.
INTELLECTUAL PROPERTY AND CONFIDENTIALITY
The Manufacturer's ownership of its works is based on articles L 111-1 et seq. of the intellectual property code.
Are thus protected by the mere fact of their creation: the plans, sketches, models and works designed by Kojiwan Retrofit Nautique.
All documents issued by Kojiwan Retrofit Nautique, studies and plans, are strictly confidential, and the customer agrees not to disclose them to third parties without the express agreement of Kojiwan Retrofit Nautique.
Any additional work requested by the client during the construction of the vessel, or after the delivery of the vessel's plans and documents, must be subject to a favorable assessment by Kojiwan Retrofit Nautique as to their opportunity and feasibility, by a prior written agreement from Kojiwan Retrofit Nautique indicating the additional plans, studies and calculations that this new work involves, the possible impact of this work on the ship's construction program, and the corresponding additional costs.
GUARANTEE
The warranty granted by Kojiwan Retrofit Nautique is 1 year, parts and labor. This warranty is limited by warranties granted by manufacturers and suppliers.
With regard to visible defects and missing accessories or other items, the customer can only make reservations at the time of delivery and signature of the receipt slip.
the customer will have the duty to use the vessel only within the limits of the use for which it was intended, to adapt its use to the state in which the vessel is at a given moment, to carry out its normal maintenance, and to adapt its use to the weather conditions and the state of the body of water. In particular, the client has the duty to respect the Maximum Load Displacement, the Sail Reduction Booklet if there is sail area, and any other instructions for use within the framework of which the vessel was designed.
In all cases, the responsibility of Kojiwan Retrofit Nautique can only be invoked if the customer has fulfilled the obligations incumbent on him concerning the payment of Kojiwan Retrofit Nautique's invoices.
CASE OF EXEMPTION FROM ANY LIABILITY OF ALTERNATIVES ENERGIES
Cases of force majeure such as fire, flood, theft and any event or circumstance beyond the control of KOjiwan Retrofit Nautique are considered as grounds for exemption.
JURISDICTION
In the event of a dispute that cannot be resolved amicably, only the Courts of Montpellier (34) will be competent.
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