General Terms and Conditions of Sale (GTCS)

These terms and conditions of sale are entered into between, on the one hand, by the company HDSN, whose registered office is located at 612 Avenue Auguste Baron, 13500 Martigues, registered with the Trade and Companies Register of Salon de Provence under number 492 077 581, and on the other hand, the Client.

Definitions:

APP: human-machine interface on smartphone allowing the installation and/or configuration and supervision of the Product.

Customer: the contract holder who purchases the service for its own installations or for distribution purposes.

Supervision console: console for viewing and configuring the installation hosted on the HDSN Cloud Server.

Technological prediction range: consists of the detection of phenomena not perceptible by human beings in order to anticipate the measures to be taken to prevent possible malfunctions in the environment to be protected.

Product: E-PREDICT and its associated equipment, accessories and services at the time of sale, as well as the associated existing or future services, such as: Supervision console, APP specific developments, interfacing solutions, or feasibility studies.

HDSN server: storage and processing space at HDSN integrating the various decoding/display gateways (supervision console)/configuration/storage. The server is constantly exchanging with the APP (Server/Application Interface) to update the installation information.

Preamble:

These general terms and conditions define the rules applicable between HDSN and its Client in the context of the supply of the Product and any associated services.

 

1 – Purpose

The purpose of these general terms and conditions is the sale of Products and services oriented towards the environment of the Technological Prediction range (E-PREDICT and its accessories).

Any order for Products implies unreserved acceptance of these general terms and conditions of sale, supplemented or supplemented by our special terms and conditions, which cancel any clause to the contrary that may appear in the terms and conditions of purchase, purchase orders, or other commercial documents.

In addition to the sale of Products, the use or resale of additional services may be defined by Contract between the Parties.

 

 

2 – Price

The goods are invoiced at the rate in force on the day the order is placed, and according to the payment deadlines defined in the accepted offers.

Prices are exclusively defined in the quotations and price offers made by HDSN to its Client are valid for 30 calendar days.

Prices are subject to revision subject to 30 days’ prior notice.

Price offers are intuitu personae and may not be transferred to third parties outside the Client.

The prices shown do not include the costs of order processing, transport and delivery.

 

3 – Orders

 Orders must refer to accepted offers

 Confirmation of the order implies acceptance of these general terms and conditions of sale, the acknowledgement of full knowledge of them and the waiver of the right to invoke one’s own terms and conditions of purchase or other conditions

 All the data provided and the recorded confirmation will be deemed proof of the transaction.

The confirmation will be deemed to be signature and acceptance of the transactions carried out.

HDSN will communicate by e-mail the confirmation of the accepted and registered order.

 

4 – Delivery

Delivery will be made to the place indicated by the Client as specified in the price offer. Delivery is made by a carrier.

The verification of the goods by the distributor must be carried out at the time of their collection. In the event of damage or shortage, claims on apparent defects or non-conformity of the Product delivered, the distributor will issue clear and precise reservations which it will notify within three days of the date of delivery in writing to the seller or carrier.

 It will be up to the distributor to provide any justification as to the reality of the anomalies observed.

 

5 – Delivery times

Delivery times are indicated according to the availability of supply. In the event of force majeure (war, riot, fire, total or partial strike) causing delays in the performance of the contract, HDSN reserves the right to review its delivery times.

 

6 – Responsibilities

Insofar as the speed of the increase in power of phenomena is not predictable, HDSN declines all responsibility for any incident or phenomenon that may occur in the environment observed, regardless of the cause.

In particular, HDSN disclaims all liability in the event of installation that does not comply with its recommendations and installation instructions.

HDSN cannot be held responsible for the speed and efficiency of the processing implemented by the Client.

The Customer undertakes to comply with the installation conditions and all the recommendations and instructions in order to guarantee the compliant operation of the Product.

The Client shall refrain from communicating any information concerning the use of the Product and relating to HDSN’s image without its prior validation and consent.

 

6 – Warranty and indemnities

 The seller will take the utmost care in the execution of the order and the quality of the Products. In the event of a defect recognized by the seller, the latter’s obligation will be limited to the replacement or refund of the defective quantities, without further compensation.

Defects and damages resulting from storage, handling, transport, installation or use in abnormal conditions or in conditions that do not comply with the nature, requirements or suitability for use of the Product are excluded from the warranty.

See below for other disclaimer conditions.

• The warranty begins on the date of purchase of the Product for a period of 1 year. It is only valid if the installation has been completed in accordance and validated in the APPredict installation application.

 

 

The suspected defective Product must be returned by the customer or distributor at its expense to HDSN’s registered office.

 Should the Product prove to be faulty, HDSN will make every effort to repair or replace the Product in accordance with the terms of the contractual warranty.

 The warranty applies provided that the Product has been used in accordance with its usual use, according to the instructions and instructions provided by HDSN.

 The choice between replacement/repair is the sole responsibility of HDSN.

 

• If a Product is found to be broken, under no circumstances can the contractual warranty give rise to the right to damages.
• The warranty does not apply if: Proof of the date of purchase and the reference of the Product is not provided.
• The proof of purchase has been altered in some way or made illegible.
• The Product reference and/or serial number (if applicable) on the Product has been altered, removed or rendered illegible.
• Repairs or modifications and changes to the Product have been carried out by organizations or persons not approved by HDSN.
• The Product has been used in a manner that is not in accordance with its original use if this has been mentioned in the user manual.
• The defect has been caused by misuse or installation of the Product, or by environmental conditions that are not in accordance with the conditions of use mentioned by HDSN.
• The defect is due to the connection of peripherals, additional equipment or accessories that are not compatible with the Product mentioned in the user manual.

 

• The damage is caused by a force majeure event such as: lightning, non-compliant and unsuitable voltage, water damage or fire, natural disaster or transport accident.
• The damage is caused by an animal.
• The Product has been adapted to comply with the technical or safety standards applicable in a country or environment other than that for which the Product was originally designed and manufactured
• For any Communicating Product, if failures are related to the continuity of service of the radio operator retained by the Customer, or to the good radio coverage within the protected facilities

 

 

In the event that you need to contact us, we remind you that it is essential to bring with you:

• The invoice and the reference of the Product.

 

• The serial number of your Product. The reference of your Product is most often located on the back or below the Product.

 

 

Obligations of the Client:

The Customer undertakes to ensure that the Product is installed in accordance with HDSN’s instructions and instructions.

The Client undertakes to inform HDSN without delay of any product malfunction.

It is the Customer’s responsibility to check the proper functioning of the product, from its proper installation to the proper reception of alarms and alerts.

The Customer undertakes to provide HDSN, upon request, with the operating data of the product for the purposes of verification or technical improvements.

This data will remain strictly confidential.

 

7 – Payment terms

 The default payment terms are 30 days invoice date.

 Payment deadlines are defined in price quotes and/or contracts.

Payments are made by bank transfer to the following details:

 International Bank Account Identifier IBAN (International Bank Account Number)

 FR76 1009 6185 7100 0868 4930 197

BIC (BANK identifier Code)

CMCIFRPP

 

 

8 – Termination clause

 In the event of non-payment, ten working days after a formal notice by registered letter that has remained unsuccessful, the sale will be terminated by operation of law by the seller, who may request the return of the Products without prejudice to any other damages.

The outstanding sums for further deliveries will become immediately due if HDSN does not opt for the cancellation of the corresponding orders.

9 – Retention of title

 The Products sold remain the property of the seller until their price has been paid in full. However, the risks relating to the goods will be transferred to the distributor or carrier, as soon as the Products are physically handed over.

 

10 – Attribution of jurisdiction

 Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. Any dispute relating to these terms and conditions shall be subject to the jurisdiction of the Court of First Instance of Aix-en-Provence.