General terms and conditions of sale

Article 1 - SCOPE

The present general sales conditions apply to all sales concluded by the company Fimco STE France.

Article 2 - ORDERS

The buyer acknowledges, understands and agrees to these terms and conditions, as well as the price list. He declares and recognizes to have a perfect knowledge of it, and give up, therefore, to prevail himself of any contradictory document and, notably, its own general purchase conditions, the act of purchase involving acceptance of these general sales conditions.

The present conditions are modifiable at any time and without advance notice by the company Fimco STE. The modifications are then being applicable to all posterior orders.

According to the law degree L.111-1 of the French Consumer Code, The Company Fimco STE presents on its website the products to be sold with all the necessary characteristics in a form of a technical data sheet.

The choice and the purchase of a product are placed under the unique responsibility of the customer. We decline any responsibility if the item delivered does not comply with the laws in the country of delivery.

Article 3 - DELIVERY TERMS

3-1) Deadline

Delivery times depend on the availability of the ordered products (expressed in working days, except on Saturday, Sunday and holidays), in general between 2 to 6 business days after the date of order.

Delivery terms are communicated for informational purposes only; this latter depends on the availability of the ordered products as well as the date at which orders are received.

Any delays in delivery cannot result in any compensation nor justify cancellation of the order. The company refuses to pay damages in case of refusal of the delivered products or a delay.

3-2) Terms and conditions

Orders are transported through the post office service (colissimo) or carried out by private transport firms.

We deliver in Metropolitan France. Delivery fees are the responsibility of the purchaser and are invoiced in supplement of the selling price. The delivery fees are calculated according to the order. Products can be delivered either directly to the Client, or made available by simple notice, or delivered by a carrier.

3-3) Risks

The risks related to the loss and deterioration of the products sold by our company is transferred to the carrier as soon as she/he receives the merchandise or she/he leaves our premises.

Thus, that merchandise shall travel at the purchaser's risk, with that party being responsible for stating any reservations or instituting any proceedings against the carriers responsible in the event of damage, losses or short shipment.

Be careful, in case the merchandise is returned to the company because you mentioned a wrong address (the postman could not find you) or because you forgot to pick up your parcel at the post office after 15 days, you will have to repay the shipment fee of your order and 2.50 Euros for restocking.

In case you cancel your order, you will be fully repaid. But, you will have to pay the shipping cost and the storage fees. You will pay 1 euro for each item (2.50 Euros as a minimum fee).

3-4) Reception

The buyer needs to check the goods for conformity upon delivery. Complaints relating to apparent defects must be communicated to the seller in writing within 8 days after delivery of the goods. If the buyer fails to respect this time period, the complaints will be disregarded and the buyer will have to pay fully the cost of his order.

Article 4 - RETURN

According to the laws degree L.121-20 of the French consumer code, for any distance selling, the buyer has the right to turn back the product to Fimco for replacement or refund within 7 days after he receives his parcel. If the delay expires on Saturday, Sunday or on a holiday day, the delay is prolonged to the next business day.

In the case of the exercise of his right of withdrawal, the buyer has a choice either to seek refund or exchange the product, except the return and shipping cost will be on his charge.

Any return of merchandise will be through the postal service or a shipping firm within 7 days of delivery date.

The products must be shipped to :

Note that the products must be still in their new conditions and sealed (in their original packaging). The dismissals in “port paid by the addressee “or " against refund "will be refused. If the buyer opens the packaging of the products, damages the products or when their refurbishing is impossible, he will not be refunded and the replacement of the products will be refused.

In case of an abusive return, the company Fimco has the right to refuse future orders.

Article 5 - PRICE OF GOODS

The prices of our products are given in Euros all taxes included (French VAT is 20% included) and they are subject to modification at any time and without a prior notice, knowing that the products ordered will be invoiced at the price in force at the time the order is received.

All orders are invoiced in Euros and must be paid in Euros.

Article 6 - INVOICING

Any purchase of goods will be invoiced and will be issued upon completion of the sale, according to the French trade law L.441-3.

Article 7 - TERMS OF PAYMENT

The payment of the balance, unless on a mutual agreement, will take place on receipt of our supplies, against usual or bank documents.

Article 8 - GENERAL WARRANTY CONDITIONS

For any product requiring warranty service, the CUSTOMER shall contact FIMCO directly by phone, fax or e-mail.

8-1) Your warranty

All instruments proposed by Fimco include a "MANUFACTURER" guarantee for 1 year period.

If, during the warranty period, a product is found to be defective on the material or workmanship plan, Fimco undertakes, without charge for labour or parts, repairing or replacement of the instrument in accordance with the terms and conditions specified below.

The replacement of instruments shall in no way extend the warranty period specified above.

8-2) Warranty conditions

This guarantee will only be granted on presentation of the defective product together with the original invoice or delivery note (specifying the date of purchase, the type of product and the name of the retailer or buyer).

FIMCO reserves the right to refuse a free guarantee service if the above information/documents are not presented or if the information contained is incomplete or illegible.

This warranty does not refund or cover damages resulting from modifications made to the instrument; it does not apply in the event of dismantling, modification or intervention carried out on the instrument outside Fimco.

It will not be applied if the type or batch number on the product has been altered, erased, removed or made illegible.

It does not cover the following points:

- Repairs and periodic maintenance or replacement of parts following normal breakage and wear and tear;

- All adaptations or modifications to improve the product relating to its normal use as described in the Instructions for Use, without the prior written authorisation of FIMCO;

- Normal wear and tear, colouring, discolouration, and other aesthetic irregularities that do not hinder or degrade the performance of the product;

Damage resulting from :

- Shocks and mechanical stress related to the handling of the instrument outside of the surgical act (cleaning, sterilisation, decontamination);

- misuse, including but not limited to, inability and/or incompetence to use the product for its intended purpose;

- misuse, including but not limited to, inability and/or incompetence to use the product in accordance with FIMCO's instructions on proper use and maintenance;

- repairs carried out by After-Sales Services or non-authorised Resellers, or by the CUSTOMER himself;

- accidents, lightning, water, fire, or any cause beyond the control of FIMCO;

- defects in the system in which this product has been integrated;

This warranty does not affect the statutory rights of the CUSTOMER under applicable national laws in force, nor the rights of the CUSTOMER towards the reseller resulting from the sale/purchase contract.

THE CUSTOMER undertakes :

- to use the instruments acquired from FIMCO in accordance with their specifications and the use for which they are intended;

- never to carry out repairs or modifications to the instruments himself, except with the express agreement of FIMCO.

Article 9 - RETENTION OF TITLE

The goods shall remain the property of the company Fimco until the price has been fully paid and the company Fimco shall be entitled to recover the goods at any time until payment has passed and this whenever is the delivery date.

The risks related to the loss and deterioration of the products sold by our company are transferred to the carrier as soon as she/he receives the merchandise or she/he leaves our premises.

Thus, that merchandise shall travel at the purchaser's risk, with that party being responsible for stating any reservations or instituting any proceedings against the carriers responsible in the event of damage, losses or short shipment.

In the event of damage or of lack, the customer must do any necessary contesting on the delivery order in the two days by letter registered with acknowledgment of delivery to the conveyor and the company. No complaint will be accepted if laying instructions are not followed.

Article 10 - FORCE MAJEURE

Any event or circumstances, the prevention of which is beyond our control (force majeure), shall release us, for the duration of the disruption and to the extent of its impact, from our contractual obligations. Force majeure shall include, but not be limited to, strikes in our company or in one of our suppliers, strikes of the transport firms, natural disasters, industrial disputes, shortages of raw materials and energy, unavoidable interruptions of transport and operations, fire and explosion damages, as well as decrees of higher authority. Force majeure shall also be deemed to apply if the events and circumstances make the execution of the transaction in question uneconomical in the long term or if they relate to our upstream suppliers.

If the events and circumstances persist for more than 30 days, we shall be entitled to rescind the contract. Thus, neither Party having the right to claim the award of any damages or interest.

Article 11 - DISPUTES

In the event of a dispute in the application of this contract, the CUSTOMER has the possibility before any legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, a consumer association or any other advice of his choice. It is recalled that the search for an amicable solution does not interrupt the legal guarantee period, nor the duration of the contractual guarantee. It is also recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee presupposes that the CUSTOMER honours its financial commitments to the seller.

In the event of a dispute, the CUSTOMER shall first contact FIMCO to obtain an amicable solution.

Article 12 - COURT OF JURISDICTION

Any disputes related to the sales of our company as well as the interpretation of the present general terms and conditions of sale will be settled by the trade court of Perpignan.

Article 13 - THE APPLICABLE LAW

All disputes arising out of or in connection with the present contract will be subject to the French law.