General Terms of Sale, Delivery and Payment

TUNAP's general conditions of sale

Our goods, intended exclusively for professionals, always travel at the risk of the recipient, even when the prices are established FRANCO, or at our choice of a carrier.

Our delivery times are provided as an indication only and are maintained as far as possible. A delay in delivery, even a significant one, shall not constitute an acceptable cause for refusal of delivery or for an action for damages of any kind.

At the time of delivery, in the event of missing or damaged packages, precise reservations must be formulated on the carrier's delivery receipt and be confirmed by registered letter within 3 working days to the delivering carrier.

Our guarantee is strictly limited to the replacement within a normal period of time or to the reimbursement, at our discretion, of the parts recognised as defective or not in conformity, after examination by us. The possible replacement can in no case justify a delay or a refusal to pay our invoices. Only the value of the parts recognised as defective or non-conforming may be retained.

Any request concerning the conformity of the products must be addressed in writing to the TUNAP France head office located at 1 rue Georges Guynemer, 67120 ALTORF.It is expressly agreed that no delivery of our goods will be made on a deposit-sale basis.

The prices mentioned on the order forms by our representatives are only given as an indication. We always invoice at the rate of the day of dispatch.

Any deduction made from our invoices for any reason whatsoever is deductible from our turnover and leads to a proportional reduction in the amount of VAT.

Complaints can only be made within 8 days of receipt of the goods. No returns will be accepted if they are made more than 1 month after the goods have been dispatched. The return forms must be filled in by our representative and can only be filled in by another person if our representative is not present at the time of the return. Otherwise, the return costs will be charged to the customer.

Unless otherwise agreed and provided that sufficient credit is available, invoices must be paid by the customer within 30 days net from the date of invoice of the goods without discount for early payment. If special payment terms have been agreed, these shall immediately become null and void in the event of late payment. Invoices must be paid in full, which excludes any set-off against other claims.

By express agreement and unless we request a postponement in good time and grant it, failure to pay for our supplies on the due date shall result in the following provisions:

1. Immediate payment of all outstanding sums (all invoices issued, whether due or not), regardless of the method of payment provided;

2. Any sum not paid on the due date indicated on the invoice will give rise to the application of penalties equal to three times the legal interest rate;

3. 3. Any invoice recovered by the legal service will be increased by a non reducible penalty clause equal to 15% of the sums due, in addition to the legal interest and any legal costs.

4. A fixed indemnity for collection costs of €40 is applicable (in application of decree n°2012-1115) in addition to the increase provided for in point 3.

The customer undertakes not to make any compensation. Any remittance or confirmation of an order implies, without reservation, acceptance of these General Terms and Conditions, which shall prevail, in any event, over any contrary provisions emanating from the buyer. Any non-compatible stipulation appearing on the latter's document is presumed to be revoked by the contract binding him to us.

In application of the law n°80-335 of 12 May 1980, the transfer of ownership of the products sold is suspended until full payment of the price. The customer is therefore forbidden, in the event of incomplete payment, to dispose of the products for resale or processing.

The client is obliged to immediately inform TUNAP of any difficulty that could lead to its default or of any seizure of the products by third parties. This clause shall remain fully applicable in the event of legal redress or liquidation of assets.

We are responsible for the treatment and recycling of electrical and electronic equipment at the end of its life in accordance with the WEEE decree of 20 July 2005 n° 2005-829. In this context, a system of free take-back of the equipment concerned with the obligation to reprocess the equipment being borne by us is in place. All our Safety Data Sheets are available on www.tunap.fr.

We remind our customers that it is their responsibility to verify the electronic signature using the verification data contained in the electronic certificate and to ensure the authenticity and validity of the certificate attached to the electronic signature. Electronic invoices and their electronic signatures must be kept in their original form and content under the conditions and for the periods provided for by law. Notwithstanding any provision to the contrary, in the event of a dispute, the Strasbourg District Court or the ILLKIRCH-GRAFFENSTADEN COURT shall have sole jurisdiction, to the exclusion of all others, even in the event of an appeal in warranty or multiple defendants.