1 - APPLICATIONS
1.1. The General Terms and Sales Conditions determine the rights and obligations of Neolix and their Customers and shall apply to any order of goods and services placed with Neolix. Any order placed by the customer implies agreement without restriction of these Terms of Sale.
1.2. These General Terms and Sales Conditions are the only ones that can be applied, except the General or Special Conditions of Sale for the Customer, or any other Condition, subject to any Special Conditions, amendments or changes upon express and written agreement by both parties as part of a special order.
1.3. Neolix deals with practicing dental surgeons and professional dentistry organizations and not with consumers. Anyone offending this provision is liable to expose himself to legal proceedings and be responsible for the damage caused to NEOLIX consequently.
1.4. Neolix is not bound by the information disclosed about our plates, prices, website or any other documents. We reserve the right to delete or modify information provided in these documents without notice and at any time, with no obligation to make any changes in the products delivered or ordered.
1.5. Neolix reserves the right to use duly selected subcontractors or suppliers.
1.6. We can only take into account the orders placed by Customers to the order of Neolix through a contract, an order form, a headed letter, or by using the forms provided by Neolix and sent to Neolix either by post, by fax at +33-2-5360-2005 or by email at firstname.lastname@example.org. Alternatively, Customers can purchase via our Webshop by following the procedure specified online.
1.7. Metropolitan France : Customers may order by phone as well at +33-2-5360-2005, before written confirmation by them.
1.8. The possible invalidation of provisions of the current General Terms and Sales Conditions in part could not make the other Conditions null and void.
1.9. The failure in applying the provisions specified in these General Terms and Sales Conditions by Neolix or by the Customer could not mean the abandonment of these rights.
2 – PRICES AND DEADLINE
2.1. Unless specified in NEOLIX’s Special Conditions, our sales proposals are valid for one month.
2.2. Our prices are shown in euros and are EXW France, exclusive of taxes and duties, based on the current pricing on the day of the offer issuance. The price exclusive of taxes invoiced upon order confirmation is a firm rate.
2.3. The applicable taxes are the current taxes on the billing date. Any VAT increase or any other tax declared between the order issuance time and the delivery time will be charged to the Customer.
2.4. Any levy, tax or any other service fees, in accordance with the French laws, or those charged by an importer country or a transit country are charged to the Customer.
2.5. The rates shown on the documentation and Neolix website as well are guaranteed until new rates are applied and supersede all previous prices.
2.6. Any order is considered as firm and subject to acceptance by Neolix able to put it on hold or cancel it.
2.7. Neolix prices are only applied to the supply of products and services detailed in the quotes or Special Conditions with the exception of any other products and services. If the latter are ordered by the Customer, they will be charged to him in addition to the corresponding price in the special conditions.
2.8. The delivery times are given on an indicative basis with the most possible accuracy and especially depend on our current supply capacity and forwarders. The indicative delivery times could not be considered as the company’s commitment unless otherwise specified and significant delay is attributable to Neolix. Neolix will do everything in its power to comply with the stated delivery times.
2.9. The Customer cannot put forward a termination of the contract or compensation due to delivery delay or the partial delivery of an order. He cannot put forward any other claims unless written acceptance by Neolix. It may be only possible to cancel an order after two months completed and sending a formal notice by registered mail.
3 – DELIVERY
3.1. The shipments are usually sent by TNT, unless the Customer requests another forwarder.
3.2. The shipping, packing, carriage and insurance costs are charged to the customer.
3.3. In metropolitan France, for any order below € 500 exclusive of taxes, Neolix charges a shipping fee of € 10.00 exclusive of taxes.
3.4. Goods travel at the Customer’s risk. At the time of their receipt, express reservations should have to be notified to the driver with clear mentions on the delivery note of the number of parcels received, the poor condition of the parcels…The customer would be able to sue the shipping company in the time period set by the law. The claims submitted about the visible defects or the non-compliance of the product delivered compared to the product ordered or the packing list, have to been brought to our attention in writing within 15 days of the delivery date.
3.5. Goods can be returned only with our prior consent and on the condition that they are returned sealed in their original packaging, accompanied with a copy of the purchase invoice and a written report stating the reason of the request for the return or exchange of the goods. The Customer has to provide too an invoice and details. Any claims have to be reported within 15 days at the latest following the receipt date of the goods. The buyer is responsible for all the charges and risks involved in the return of merchandise.
3.6. The all-risk insurance recommended by Neolix covers many types of risks (loss, theft or damage) occurred during transportation of the goods. Customers bear the insurance cost equal to 1% of the value of goods per shipment. The insurance covers goods up to 25.000 € exclusive of taxes per shipment.
3.7. The Customer should have to show evidence of the defects, issues noticed and give Neolix ability to investigate and fix the defects. The Customer shall abstain from carrying out corrections on his own or through a third party.
3.8. The products and services are usually delivered when the order is ready or from the completion of the services to the attention of the people designated by the Customer, if need be.
4 – PAYMENT TERMS
4.1. Full payment is due upon receipt of the order, except for contrary arrangements specified in our offers, order confirmations or invoices.
4.2. Any overdue payment not settled on the agreed date at our billing address means interests charges of 1.5% per month will be applied with no need to send a formal notice previously, and without prejudice to any legal costs and damages depending on the amount of prejudice incurred.
4.3. All legal costs incurred involving debt collection are charged entirely to the debtor. A standard payment rate of 15% based on the amount of the sum owed will be applied on any overdue invoice as damages for a rate of at least € 500 exclusive of taxes.
4.4. The payment method in application is T/T remittance or a bank cheque (the latter only for France). For any other payment method, we require prior agreement of Neolix. For any purchase made online, payment may be made through PayPal, by bank check and by wire transfer.
5 – OWNERSHIP- GUARANTEE- ACCOUNTABILITY
5.1. Our sales are subject to the retention of title clause and the transfer of ownership is only effective after the full payment of the invoice and its receipt.
5.2. The Customer is responsible for the goods under retention-of-title and accepts the risks involved. He shall insure them and will be held accountable for any damage incurred.
5.3. Neolix ensures the services provided to the customer are compliant with the third party rights and are not illegal.
5.4. The customer is solely responsible for content of the submitted orders sent to Neolix.
5.5. Neolix will not be responsible for any delays, mistakes, damage or any other reasons affecting the completion of its obligations except in case of force majeure including for example war, strikes, riots, equipment breakdowns, fire, bad weather, natural disasters, impossibility for Neolix to be supplied, etc…
6 – SALES TERMINATION
6.1. Neolix has right to terminate the sale by registered letter in case of non-fulfilment of contractual obligations by the customer in the event of late payment or if the customer fails or is likely to fail to meet any of its main obligations, and this before the obligation is required.
6.2. In the event of the cancellation of an order in full or in part without the express prior consent of Neolix, the company has right to claim termination fees and payment for the goods already supplied and all services carried out. In the event of the unilateral cancellation of an order in full or in part by the Customer, all costs incurred in processing the order will be subject to compensation. The payment received by Neolix as compensation of the order termination remains the property of Neolix in any circumstances and no repayment will be accepted.
7 – LITIGATION
7.1. Any disputes with the Customer will be litigated before the Commercial Court of Laval where Neolix is registered even in the event of many plaintiffs of warranty recourse.
7.2. The jurisdiction clause will be applied regardless of the origin of the means of payment. National law is applicable.