PRELIMINARY ARTICLE. DEFINITIONS

For the purposes of these General Terms and Conditions of Sale :

– GSC” means General Sales Conditions,

– The term “Company” refers to NAMMA SAS, whose registered office is located at 44, rue de l’Abbaye de Bonlieu – 33560 SAINTE EULALIE and registered with the RCS of Bordeaux under number 895 027 225,

– The expressions “Buyer” and “Customer” refer respectively to professionals purchasing goods from the Company (Buyer) and professionals purchasing services from the Company (Customer), in their capacity as natural or legal persons, under private or public law, and acting, including through the intermediary of another person acting in their name or on their behalf, in the context of their commercial, industrial, craft or liberal professional activity,

– The expression “Product(s)” means the good(s) (machines, appliances, equipment, materials and articles) delivered in accordance with these GTC, – The expression “Service(s)” means the service(s) rendered in accordance with these GTC,

– In Writing” means by a document signed by both parties, by letter, fax, e-mail or any other means agreed between the Parties,

– Party” means individually the Buyer, the Customer or the Company. – The expression the “Parties” refers collectively on the one hand to the Company and on the other hand to the Buyer or the Customer.

ARTICLE 1. PURPOSE

In accordance with Article L441-1 of the French Commercial Code, these General Terms and Conditions constitute the sole basis of the commercial relationship between the Parties.

The purpose of these General Terms and Conditions is to define the conditions under which the Company supplies the following Products and Services to the Buyer or Customer who requests them via the Company’s website, by direct contact or via a paper medium: 

– The design, manufacture, sale or rental of high-performance technological solutions for specialized industrial machinery and equipment;

– Services, consulting, engineering, design, development and implementation of all technical projects concerning specialized industrial machinery and equipment;

– The research, acquisition, purchase, contribution, sale and exploitation of all patents, trademarks, licenses, software or processes relating to specialized industrial machinery and equipment. 

Any order for Product(s) or Service(s) implies the Buyer’s or Customer’s unreserved acceptance of and full and complete adherence to these GCS, which shall prevail over any other document of the Buyer or Customer, and in particular over any General Conditions of Purchase imposed by the Buyer, unless expressly agreed otherwise by the Company. 

The present General Terms and Conditions of Sale are communicated to any Buyer or Customer who so requests, in order to enable them to place an order with the Company. The Company reserves the right to derogate from certain clauses of these General Terms and Conditions, depending on the negotiations conducted with the Buyer or Customer, notably by means of Special Sales Conditions. 

The Company may also establish specific General Terms and Conditions of Sale, derogating from the present GTCS, according to a particular type of customer and/or according to objective criteria. 

These General Terms and Conditions of Sale are available at all times on the www.namma-france.com website. Any commercial contract or order signed must refer to the version applicable on the date the said contract or order takes effect. 

These GCS apply to all commercial contracts entered into by the Company, in France and abroad, concerning the supply of Products or the provision of Services. 

Any document other than these GTS, in particular catalogs, prospectuses, advertisements and notices, is for information purposes only and is non-contractual.

ARTICLE 2. PRODUCT INFORMATION

ARTICLE 3 – INTELLECTUAL PROPERTY AND CONFIDENTIALITY

3.1 All plans, photographs and technical documents relating to the Product and its manufacture or to the Service and its performance, which have been submitted by one party to the other party before or after the conclusion of a commercial contract, remain the exclusive property of the party who submitted them, the sole owner of the intellectual property rights on these documents, and must be returned to him at his request. 

3.2. Drawings, technical documents and any other technical information received by a Party shall not be used, without the consent of the other Party, for purposes other than those for which they were intended. Without the express, prior and written consent of the Party submitting them, these plans, technical documents and any other technical information may not be used for other purposes, copied, reproduced, transmitted or communicated to a third party. 

3.3. Acceptance of the order confers on the Buyer only a right of use for the exploitation of the Product. 

3.4. Quotations, proposals, studies, software, plans, drawings, diagrams and, in general, all documents delivered or sent by the Company always remain its entire property, even if the Buyer or the Customer has been asked to contribute to the related costs. 

3.5. No provision of any commercial contract entered into by the Company shall be construed as transferring to the Buyer or the Customer any rights whatsoever in respect of industrial property (trademark, copyright, etc.).

ARTICLE 4. CONTRACT FORMATION AND ORDER PLACEMENT – MODIFICATION

4.1. The contract between the Parties is formed by the Buyer’s or Customer’s signature, without reservation or modification, of an order conforming to the quotation and technical and commercial proposal submitted by the Company. This order comes into effect on receipt of the Order Acknowledgement (AAR) issued by the Company to the Buyer or Customer, within ten (10) working days of receipt of the order. The ARC may, in certain cases, include any reservations which must be taken into account by the Buyer or Customer. 

4.2 Any order modification is possible at the request of one of the parties and with the express agreement of the other. Such modifications shall result in the creation, within ten (10) working days of the request, of an amendment in line with the modifications. 

4.3. All Products and Services are described in detail in the Company’s technical and commercial proposal and in the Buyer’s or Customer’s contract or order. In some cases, unforeseen costs and additional services may be required during the project design phase. These are at the Buyer’s or Customer’s expense. 

4.4. Prices are firm for the duration of the contract, unless otherwise agreed in writing between the Parties. Prices may be revised in accordance with the terms of the Company’s offer.

ARTICLE 5. VALIDITY OF THE OFFER

Any proposal issued by the Company is valid for thirty (30) days from receipt of the offer, quotation or technical and commercial proposal by the Buyer or Customer. Once this period has elapsed, the Company is no longer bound by these conditions, which may therefore be modified in whole or in part.

ARTICLE 6. PRICES

6.1. The Products and Services are supplied at the Company’s prices in force on the day the order is placed. Prices are always net, without discount and exclusive of VAT. They do not include transport (unless otherwise agreed between the Parties), nor any customs duties and insurance, which remain the responsibility of the Buyer or the Customer. 

6.2. The conditions for determining the cost of Products or Services whose price cannot be known a priori or indicated accurately, as well as the method of calculating the price enabling the latter to be verified, will be communicated to the Buyer or Customer, or will be the subject of a detailed quotation at the request of the Buyer or Customer in accordance with the provisions of article L.441-1, III of the French Commercial Code. 

6.3. The Buyer or Customer shall not be entitled to price reductions, discounts or rebates based on the quantities delivered by the Company, or on the number and frequency of Products ordered, or on the regularity of its orders, unless agreed otherwise between the Parties.

ARTICLE 7. ASSEMBLY, INSTALLATION, COMMISSIONING

7.1. The Customer or Buyer must provide the Company with the technical and human resources necessary for the proper performance of the Services and the proper installation of the Products. 

7.2. The Company will send its personnel to the Customer’s or Buyer’s site to carry out assembly and installation services, but the Customer or Buyer must also provide a sufficient number of competent operating personnel to assist the Company’s personnel and take charge of the installation. 

7.3. The Buyer’s or Customer’s personnel will be required to use the installation, and must therefore be trained. The Buyer or Customer must ensure that suitably qualified personnel are available. 

7.4. Any subsequent training or on-site intervention will be invoiced at a rate of €1300 excluding VAT per day of training + applicable mileage costs. 

7.5. The Buyer or the Customer must provide the technical means necessary (energy, fluids, utilities, etc.) for the proper installation of the equipment. It must ensure that its site can accommodate the equipment ordered in the best possible conditions, in accordance with the indications given by the Company, in particular access for the free movement of the machine through its premises to its final place of installation, as well as the types of connection, in particular electrical, indicated by the Company.

ARTICLE 8. ACCEPTANCE TESTS, PRODUCT ACCEPTANCE

8.1. The contract drawn up between the Parties specifies the content of the tests. These tests are carried out by the Company prior to delivery, in accordance with its own procedures. NAMMA test validation criteria are generally detailed in the sales contract. If the contract does not stipulate any technical requirements, acceptance tests will be carried out in accordance with general practice in the relevant branch of industry in the country of manufacture. 

8.2. The Company shall notify the Buyer or Customer of the dates and periods of acceptance tests sufficiently in advance to enable it to be represented. If the Buyer or Customer is not represented, the test reports will be sent to the Buyer or Customer and will be accepted as conclusive. 

8.3. If the test reports prove that the Product or the Service does not conform to the contract, the Company must, without delay, remedy the defects in order to bring the Product or the Service into conformity with the contract. New tests will then be carried out at the request of the Buyer or the Customer, unless the defect is not significant. 

8.4. The Company shall bear the costs of acceptance tests carried out at the place where the Product is manufactured or where the Service is performed. However, the Buyer or Customer shall bear the travel expenses of its representatives during the tests.

8.5. Subject to specific provisions more favourable to the Company, where an acceptance or verification procedure is provided for in order to certify the conformity of the Product or the Services to the contract, the duration of this procedure shall be fixed in accordance with good commercial practice and, in any event, shall not exceed thirty (30) days from the date of delivery of the Product 3 or performance of the Service, unless expressly stipulated otherwise by contract and provided that this does not constitute an abusive clause or practice within the meaning of article L. 442-6 of the French Commercial Code. 

8.6. In accordance with Decree no. 2014-928 of August 19, 2014 on waste electrical and electronic equipment (EEE) and used electrical and electronic equipment and the disposal of waste from such equipment, the organization and financing of the removal and treatment of professional EEE waste that is the subject of this sales contract is transferred to the Buyer or Customer, who accepts it. The Buyer or Customer is responsible for the collection, treatment and recovery of the EEE sold, in accordance with the aforementioned decree. The above obligations must be passed on by successive Purchasers or Customers to the final user or holder of the EEE.

ARTICLE 9. CHANGES TO THE PRODUCT OR SERVICE

9.1. Subject to article 9.4 of these GCS, the Buyer or Customer is entitled, until the Product has been accepted or the Service performed, to demand modifications in the scope, design and execution of the Product or Service. The Company is entitled to suggest such modifications to the Buyer or Customer. 

9.2. Requests for modifications shall be submitted In Writing to the Company and shall include an exact description of the request for modification. 

9.3. Immediately upon receipt of a request for modification or after having proposed a modification, the Company will notify the Buyer or Customer of the manner in which the modification is to be carried out, specifying the resulting changes in price, time and other conditions mentioned in the commercial contract. 

9.4. The Company is not obliged to carry out the modifications requested by the Buyer or the Customer until the Parties have reached an agreement on the resulting changes to the price, lead time and other conditions mentioned in the commercial contract, or until the dispute has been settled in accordance with article 23 of the GCS.

ARTICLE 10. TRANSFER OF RISK

10.1. The risk of loss, deterioration or damage to the Product is transferred to the Buyer in accordance with the mutually agreed terms and conditions, as interpreted by means of the INCOTERMS in force on the date of conclusion of the contract. 

10.2. If no special terms of delivery have been agreed, delivery shall be “Free Carrier” (FCA). 

10.3 All risks of loss or damage to the Product not covered by clause 10.1 of the GTCS are transferred to the Buyer upon delivery of the Product.

ARTICLE 11. PAYMENT

11.1. The due dates and terms of payment shall be specified in the purchase order. Failing this, and by way of reference, the following terms shall apply: payment of 30% of the price when the order is placed and 70% when the Product is delivered to the Buyer or the Service is performed for the Customer. No discount will be granted by the Company for payment before the date shown on the invoice, or within a period shorter than that stated in these GCS. 

11.2. Payment shall be made by bank transfer, except in the case of exceptional or special requests by the Buyer or the Customer defined in advance by mutual agreement with the Company. 

11.3 Regardless of the means of payment used, payment is not considered to have been made until the Company’s account has been fully and irrevocably credited. 

11.4 In the event of (i) late payment and/or payment of sums due by the Purchaser or the Customer beyond the time limit set out in clause 11. 1, (ii) total or partial non-payment of Products and/or Services delivered on the date of acceptance, in accordance with article L441-6 of the French Commercial Code, the Purchaser or Customer must pay the Company a late payment penalty equal to three (3) times the legal interest rate plus ten (10) percentage points, as well as a fixed penalty for collection costs of 40.00 Euros. In the event that the collection costs incurred exceed the amount of this indemnity, the Company shall be liable for the amount of the indemnity.

11.5 When the contract is part of a chain of contracts within the meaning of law no. 75-1334 of December 31, 1975 (subcontracting), the Buyer or Customer is legally obliged to have the Company accepted by its own principal. It is also obliged to have the Company’s terms of payment accepted by the latter. If the principal is not the end customer, the Customer undertakes to demand that the principal complies with the formalities of the 1975 law. In accordance with article 3 of the law of 1975, the absence of presentation or approval makes it impossible for the Customer to invoke the applicable commercial contract against the Company. This applies in particular to claims relating to any failure to comply with specifications. However, in accordance with the aforementioned article, the Customer remains bound to the Company to perform its contractual obligations. For the purposes of these General Terms and Conditions of Sale, the law of 1975 is considered to be the international police law applicable through the Customer to foreign end-customers. The fact that the Company avails itself of one and/or other of these provisions does not deprive the Company of the right to enforce the retention of title clause stipulated in article 12 of the GCS.

11.6 In the event of late payment, the Company may, after notifying the Buyer or the Customer, suspend performance of the contract until payment has been received. 

11.7 Resolutive clause. If, within fifteen (15) days of the implementation of clause 11.4, the Buyer or the Customer has not paid the sums due, the sale will be cancelled ipso jure and may give rise to a claim for damages in favor of the Company, such compensation not, however, to exceed the purchase price.

ARTICLE 13. DELIVERY DATE – DELAY – PENALTY FOR LATE DELIVERY

13.1. The Products or Services purchased by the Buyer or the Customer will be delivered or performed within a period agreed between the Parties as from receipt by the Company of the corresponding duly signed order form. Delivery will be made by direct handover of the Products to the Buyer by the Company. The transfer of ownership of the Products to the Buyer will take place on the day of delivery of the Products, regardless of the date of order or payment of the price/on the day of payment of the price. 

13.2 If, instead of stipulating a delivery or completion date, the Parties have stipulated a period of time on the expiry of which delivery or completion must take place, this period shall run from the day on which the contract comes into force, all formalities having been completed, payments due on conclusion of the contract having been made, all agreed guarantees having been given and all other preconditions having been fulfilled. 

13.3. The Company shall provide the Buyer free of charge, no later than the date of delivery, with the information and documents necessary to enable the Buyer to assemble, take delivery of, operate and maintain the Product. Such information and documents shall be supplied in a number of copies to be mutually agreed upon. The Company is not obliged to supply manufacturing diagrams for the Product or spare parts. 

13.4. The delivery or performance time indicated when the order is placed is given as an indication only and is in no way guaranteed. If the Company anticipates that it will be unable to deliver the Product or perform the Service within the agreed timeframe, it must immediately notify the Buyer or the Customer, indicating the reason and, if possible, the foreseeable delivery date. In the event of failure by the Company to comply with the notification obligation, the Buyer or Customer is entitled to receive compensation for the additional costs incurred, for good reason, which could have been avoided if notification had been received. This compensation is limited to 5% of the item price of the Product delivered late or of the price of the Service. 

13.5. If the Product is not delivered due to an event mentioned in article no. 19 of the GCS or due to an act or omission attributable to the Buyer, including the suspension of the contract pursuant to clause no. 11.5 of the GCS, the delivery date shall be postponed by a reasonable period of time taking into account all the circumstances. This provision applies whether the cause of the delay occurred before or after the agreed delivery date.

13.6. If the Product or Service is not delivered or performed by the due date (as defined in Clauses 13.1; 13.2; 13.3; 13.4 and 13.5 of the GCS), the Buyer or Customer shall be entitled to damages for delay from the date of the Buyer’s or Customer’s written request. 

13.7. Damages for delay are payable at a rate of 0.5% of the purchase price per full week of delay. Damages for delay shall not exceed 5% of the purchase price. 

13.8. If it is a part of the Product whose delivery is delayed, the damages and interest for delay are calculated on the part of the purchase price of the Product relating to the element which, due to the delay, cannot be used as agreed. 

13.9. The Buyer or Customer loses its right to claim damages for delay if it does not make a written request within thirty (30) days of the date on which delivery or performance should have taken place.

13.10. If the delay in delivery or performance is such that the Buyer or the Customer is entitled to the maximum damages under clause 13.7 of the GCS and if the Product is still not delivered or the Service still not performed, the Buyer or the Customer may, In Writing, demand delivery within an ultimate reasonable period which shall not be less than one week. 

13.11. The damages and interest provided for in clause 13.7 of the GCS are the only remedies available to the Buyer or Customer in the event of delay by the Company. Any other claim based on this delay is excluded, except in the case of gross negligence attributable to the Company. 

13.12. In these GCS, “gross negligence” means any action or omission which reflects either a lack of attention characterized by serious consequences which a diligent supplier would normally have foreseen, or a deliberate disregard of the possible consequences of such action or omission.

13.13. If the Buyer or Customer anticipates that it will be unable to accept delivery or performance of the Product or Service on the agreed date, it must immediately notify the Company in writing, stating the reason and, if possible, the date on which it will be able to accept delivery. 

13.14. If the Buyer or Customer is prevented from accepting delivery or performance on the agreed date, it must nevertheless pay that part of the price which is payable as if delivery had taken place. The Company will take all necessary steps at the Buyer’s expense and risk to store the Product. At the Buyer’s request, the Company will also insure the Product at the Buyer’s expense. 

13.15. If the Buyer is prevented from accepting delivery for a reason covered by article n°19 of the GCS, the Company may, by written notification, 4 give formal notice to the Buyer to accept delivery within a reasonable time.

ARTICLE 14. GROUNDS FOR TOTAL OR PARTIAL CANCELLATION OF AN ORDER

14.1. Delayed delivery of equipment does not justify cancellation or cancellation or termination of the contract.

14.2. If, for reasons for which the Company is not responsible, the Buyer or the Customer fails to accept delivery or performance within the agreed period, the Company may terminate the contract in whole or in part. The Company is entitled to be compensated for the losses it has suffered as a result of the Buyer’s or Customer’s default. Such compensation shall not exceed the purchase price of the part of the Product or Service subject to termination.

ARTICLE 15. WARRANTIES AND LIABILITY FOR DEFECTS

15.1. The warranty is applicable only in metropolitan France for a Product purchased from the Company and used under normal conditions of use. 

For the purposes of this clause, normal conditions of use include the following: : 

– Used in a room with ambient temperatures between 15°C and 25°C. 

– Used in an environment with a relative humidity of between 40% and 60%. 

– Used with the consumable validated and recommended by the Company (for specific consumables, please ask the Company for advice). 

– Connected to a suitable electrical supply. 

– Used with the printing, machining, laser engraving and laser cutting settings recommended by the Company. 

– Used in accordance with the maximum number of operating hours specified in the quotation.

The equipment must never have been damaged or modified by the customer. Guaranteed elements are all machine components that are not defined as wear parts by the contract. Parts are guaranteed within the limits of the conditions of use specified in the offer. Spare parts are invoiced to the Buyer or Customer (except where covered by the warranty) at prices defined by the Company and available on request to the Buyer or Customer. Spare parts prices are subject to change depending on the Company’s supplies. 

If the Purchaser or the Customer does not wish to sign a maintenance contract with the Company, any on-site maintenance intervention, even within the framework of the warranty, will be invoiced at the rate of €85 (excl. VAT) per hour of intervention (minimum invoicing of 1 hour, any hour started being invoiced) + mileage costs of €1 (excl. VAT) per km travelled. Unless otherwise specified, there is no guarantee of intervention time. If the Parties have concluded an assistance contract, invoiced to the Buyer or Customer by the Company, the Company will visit the site in accordance with the conditions defined in the offer.

15.2. The Company undertakes to repair any defect or non-conformity (hereinafter referred to as “defect(s)”) under the conditions defined and cited in this clause. The contractual warranty period for the Product is two (2) years from the date of delivery against any manufacturing or operating defect, subject to use in accordance with the operation and maintenance manual. This period will be proportionally reduced if daily use of the Product exceeds that contractually agreed. The warranty covers hardware and software troubleshooting in their delivery configuration. The warranty covers parts and labor after the equipment has been returned to our premises in Sainte-Eulalie (33).

15.3. The cost of transport, packaging and insurance for the transport of the Product shall be borne by the Buyer. 

15.4. The Buyer must notify the Company in writing of the defect without delay as soon as it appears. The notification must include a detailed description of the defect and be accompanied by photographs. Once the notification has been sent to the Company, the Buyer must not under any circumstances repair or modify the Product until it has been repaired, except to return the defective part or Product to the Company. If the Buyer does not notify the Company in writing of the defect within two (2) weeks of its discovery, the Buyer loses its right to the repair of the defect. 

15.5. If the defect is such that it is likely to cause damage, the Buyer must immediately notify the Company in writing. The Buyer shall bear the risk of damage resulting from failure to notify. Upon receipt of the notification, the Company shall remedy the defect at its own expense and as quickly as possible, under the conditions of clauses 15.1 to 15.22 inclusive of the GCS.

15.6. Repairs are carried out on the Company’s premises. In the event that it is not possible to return the product to the factory, repairs will be carried out at the location where the product is located; in this case, the travel, accommodation and catering expenses of the Company’s staff will be borne by the Buyer and will be invoiced to the Buyer on the basis of receipts. 

15.7. The Company is responsible for the dismantling and reassembly of the part, when these operations require special knowledge. If this is not the case, the Company will have fulfilled its obligation in relation to the defect, by delivering a repaired or replacement part to the Buyer. 

15.8. If, despite the Buyer’s notification under clause 15.5 of the GCS, no defect attributable to the Company is found, the Company shall be entitled to be compensated for any costs it has incurred as a consequence of such notification.

15.9. Insofar as these operations are necessary to repair the defect, the Buyer shall bear the cost of dismantling and reassembling equipment other than the Product. 

15.10. Unless otherwise stipulated, the Buyer shall bear the additional costs incurred for repair, disassembly, reassembly and transport, resulting from the location of the Product in a place other than the destination mentioned in the contract or the place of delivery, in the absence of such mention. 

15.11. Replaced defective parts are placed at the disposal of the Company and are its property.

15.12. If, within a reasonable period of time, the Company has not fulfilled its obligations under clause 15.2 of the GCS, the Buyer may, by written notice, set a final deadline for the Company to fulfill its obligations. 

15.13. If the Company fails to meet its obligations within this final deadline, the Buyer may carry out the necessary repairs or have them carried out by a third party, at the Company’s expense and risk. 

15.14. If such operations prove successful, reimbursement by the Company of the reasonable costs incurred by the Buyer shall constitute full and complete discharge of the obligations incurred by the Company as a result of such default.

15.15. If the defect has not been successfully remedied, as stipulated in clause 15.14 of the GCS, the Buyer shall be entitled to a reduction in the purchase price in proportion to the reduction in the value of the Product, provided that under no circumstances shall such reduction exceed 15% of the purchase price, or if the defect is of such importance that it significantly deprives the Buyer of the benefit of the contract, the Buyer may terminate the contract by written notice to the Company. The Buyer is then entitled to compensation for the damage suffered, up to a maximum of 15% of the purchase price. 

15.16. The Company is not liable for defects arising either from materials, parts or software supplied by the Buyer, or from a design stipulated or specified by the Buyer. 

15.17. The Company shall only be liable for defects which become apparent under conditions of use provided for in the contract and normal for the Product.

15.18. The Company’s liability does not extend to defects resulting from improper maintenance, incorrect installation, faulty repairs carried out by the Buyer or modifications made without the Company’s written consent. 

15.19. The Company’s liability does not extend to normal wear and tear. 

15.20. Notwithstanding the provisions of clauses 15.1 to 15.19 of the GCS, the Company is released from all liability for any defect in the Product after one year from the start of the period referred to in article 15.2 of the GCS.

15.21. The Company’s liability for defects is limited to the provisions of Clauses 15.1 to 15.20. This limitation excludes compensation for any other damage resulting from the defect, including loss of production, loss of profit and any other indirect damage. This limitation does not apply in the event of gross negligence within the meaning of clause 13.13 of the GCS. 

15.22. Warranty exclusions. Under the terms of this warranty, the Company will not be liable for repairs corresponding to deterioration caused by abnormal conditions, for example: 

– Obvious deterioration of the equipment indicating poor maintenance, lack of care, natural disasters, etc, 

– Use of the equipment outside normal operating conditions, 

– Opening of the electrical/electronic part by the Buyer or Customer,

– Modification of the equipment’s basic firmware (internal software), 

– Use of the equipment outside its operating limits (speed too high, number of operating hours greater than the value set in the offer, machining pass greater than recommended, etc.). 

– Any attempt to maintain, adjust or troubleshoot the Product without the Company’s prior authorization, – Any breakdown due to equipment not covered by the contract, or due to modifications to the Product or its software, 

– Use of supplies not approved by the Company. Also, the warranty does not apply to malfunctions that are not related to the equipment itself (failed printing, filament blockage in the extruder, clogging, etc.). The warranty and contractual interventions do not apply to maintenance and adjustment operations to be carried out by the purchaser or the customer, such as : – Nozzle removal for unclogging/cleaning, 

– Partial dismantling of extruder for cleaning, 

– Dismantling of material feed tubes, – Adjustment of platen offset and flatness, – Adjustment of nozzle height in relation to each other, – Replacement of equipment wear parts.

ARTICLE 16. WARRANTY PROVISIONS FOR SOFTWARE, SOFTWARE PACKAGES AND COMPUTER PROGRAMS

16.1. This warranty is not a warranty of uninterrupted or error-free operation of software, software packages and computer programs. The Company provides regular updates of its software, software packages and computer programs integrated into the Product. These updates contain patches and improvements for the duration of the Buyer’s use of the Product, unless otherwise decided by the Company or the relevant publisher. 

16.2. The present warranty covers software, software packages and computer programs integrated into the Product under the conditions set out below. 

16.3. During the one-year warranty period, the Company provides technical assistance by telephone in the form of advice and recommendations. This assistance is available Monday to Friday from 8:00 am to 5:00 pm, excluding statutory vacations.

16.4. Warranty for software, software packages and computer programs – the Company. The Company’s software, software packages and computer programs substantially conform to the specifications set forth in their documentation, as of the date of delivery, provided they are properly used in the specified operating environment. 

16.5. Warranty for Software, Software Packages and Computer Programs – Third Parties. Any specific warranty for Third-Party software, software packages and computer programs is made in accordance with the licenses of the publishers concerned. Third Party software is substantially in accordance with the specifications set forth in its documentation, as of the date of delivery, provided that it is 5 properly used in the specified operating environment. 

16.6. Warranty for Software, Software Packages and Computer Programs – Free. The Company’s software, software packages and computer programs may include or be developed from Free software, software packages and computer programs. Accordingly, and in accordance with the practices in this field, no warranty is given on Free Software, software packages and computer programs.

16.7. Transfer of warranty for software, software packages and computer programs. The benefit of the warranty is granted to the Purchaser or End Customer and may not be transferred without the prior agreement of the Company. 16.8. Exclusions from the warranty for software, software packages and computer programs. This warranty does not apply to defects caused by : – Negligence on the part of the Buyer, in particular during installation, configuration, parameterization and use of the Product, – Repair or modification of both the Hardware and the Software, software packages and computer programs, carried out by the Buyer or any other person not authorized or approved by the Company, – Combination of the Product with third-party hardware and/or software, software packages and computer programs not recommended by the Company.

ARTICLE 17. DIVISION OF LIABILITY IN THE EVENT OF DAMAGE CAUSED BY THE PRODUCT

17.1. The Company is not liable for any damage to property caused by the Product after its delivery once the Buyer has taken possession of it. Similarly, the Company shall not be liable for any damage to products manufactured by the Buyer, or to products incorporating those of the Buyer. 

17.2. If the Company incurs liability to a third party for damage to property as described above, the Buyer shall indemnify, defend and hold the Company harmless. 

17.3. If an action for damages on the grounds described in this clause is brought by a third party against one of the Parties, the latter shall immediately inform the other Party by written notice. 

17.4. The limitation of the Company’s liability resulting from the 1st paragraph of this Clause shall not apply in the event of gross negligence on the part of the Company within the meaning of clause no. 13.13 of the GCS.

ARTICLE 18. WAIVER OF RECOURSE CLAUSE

18.1. Upon signature of the Contract by the Parties, the Buyer or the Customer and its insurers waive any recourse they may have against the Company, the Company’s insurers and the Company’s subcontractors and their respective insurers, following any type of claim involving the Company’s civil liability. Similarly, these provisions waiving recourse against the Company, its insurers and the Company’s subcontractors and their respective insurers also apply to any subcontractors of the Customer or the Purchaser and/or to any natural or legal person that the Customer or the Purchaser may have appointed to work on the subject of the present contract. 

18.2. The Purchaser or the Customer undertakes to inform and obtain the agreement of its insurers on the present provisions, as well as their possible subcontractors or any other natural or legal person mandated by the Customer or the Purchaser to intervene on the subject of the present contract. 

18.3. The Purchaser or the Customer also accepts the various waiver of recourse clauses which will be specified in any special conditions governing the Contract. Likewise, the Customer or Buyer will take cognizance of these and undertakes to obtain its insurers’ agreement to these various provisions, including the one(s) specified in the Special Conditions of Contract.

ARTICLE 19. FORCE MAJEURE