General Terms and Conditions of Sale for Engines

"Products sold by ABE"

ABE
750, avenue du Docteur Jean Bru
47008 AGEN CEDEX

Tel: +33 (0)5 53 68 18 28
Web: www.alphitan.com
Email: devis.negoce@alphitan.com

SAS with a capital of €300,000
RCS: RC Agen 69 B 9
SIRET number: 026.920.090.00029
APE code: 3314Z
Intra-community VAT number: FR 22.026.920.090

"Products sold by Trading"

AEM
3 rue Jean-Baptiste Réveillon
ZI n°1 - secteur ouest
61300 L’Aigle

Tel: +33 (0)2 14 54 10 40
Web: www.alphitan.com
Email: trading@alphitan.com

SA with a capital of €300,000
RCS: 325 069 532 R.C.S. Alencon
SIRET number: 325 069 532 00134
APE code: 3314Z
Intra-community VAT number: FR 96.325.069.532

I. Preamble

I.1. The Repairer (hereinafter, the "Repairer") is a company specialized in the service and maintenance of electrical equipment. These general terms and conditions (hereinafter, the "GTC") apply to all repair service operations (hereinafter, the "Services") of equipment (hereinafter, the "Equipment") and to all supplies (hereinafter, the "Supplies") of accessory products (hereinafter, the "Products"), carried out in France and abroad by the Repairer for its professional clients (hereinafter, the "Client(s)").

They cancel and replace those established prior to their effective date.

I.2. Any order placed by the Client implies acceptance by the latter of the GTC in their entirety, unless derogation has been expressly agreed upon in writing by the Repairer. In particular, any contrary or additional stipulations made by the Client, notably within the framework of its general purchasing conditions, shall not prevail over the GTC in the absence of express, prior, and written agreement from the Repairer.

The GTC may be supplemented by specific conditions granted by the Repairer within the framework of its commercial policy.

I.3. The fact that the Repairer does not enforce any of the stipulations of the GTC shall in no case be interpreted as a modification of the GTC or as a waiver of the right to exercise said prerogative.

I.4. If any stipulation of the GTC is deemed unwritten or null, the validity of the other stipulations shall not be affected.

I.5. The Client guarantees that the representatives acting in its name and on its behalf within the framework of these terms are duly authorized to represent it.

II. Quotations – Formation of Contracts

II.1.- The Repairer establishes its commercial proposals by quotation based on the Client's request, depending on the nature and importance of the Services or Supplies to be performed.

Unless otherwise expressly indicated by the Repairer, the validity period of the Repairer's quotations is limited to thirty (30) days from the date of their sending to the Client.

II.2.- Conclusion of the repair contract – The repair contract is considered concluded:

- Only after express confirmation by the Repairer of the quotation accepted and signed by the Client, materialized by the sending to the Client of an acceptance document called "Acknowledgement of Receipt", or

- In the case of a quotation providing for the payment of a deposit at the time of acceptance and signature of this quotation by the Client, only after receipt by the Repairer of this deposit and sending by the latter of the Acknowledgement of Receipt.

Any modification of the repair contract must be the subject of a prior written amendment concluded between the Parties. It is expressly understood that a request for modification of the repair contract from the Client may lead to a reassessment of the price of the Services and/or Supplies, as well as the delivery times.

II.3.- Preliminary study contract – Depending on the type of defect in the Equipment reported by the Client, the Repairer and the Client may conclude a contract for the performance by the Repairer of a preliminary study of the defective Equipment. This contract will be considered concluded only after express confirmation by the Repairer of the preliminary study quotation accepted and signed by the Client, materialized by the sending to the Client of an acceptance document called "Acknowledgement of Receipt". The preliminary study of the defective Equipment by the Repairer may be carried out on the Client's premises or in the Repairer's workshop.

Unless otherwise stipulated, the price of the preliminary study and the costs of examination, disassembly, and reassembly of the Equipment will be invoiced to the Client if the preliminary study contract is not followed by the conclusion of a repair contract.

At the end of the preliminary study, the Repairer will send a repair quotation to the Client in writing. It is expressly understood that any price estimate that may be indicated to the Client for the repair prior to the performance of the preliminary study shall not bind the Repairer. Only the final price of the repair determined based on the results of the preliminary study in the repair quotation shall bind the latter. The repair contract will then be concluded under the conditions of Article II.2.

In the absence of a repair contract following a preliminary study carried out in the Repairer's workshop, the Client must recover its Equipment within eight (8) days from the date of sending a written notification by the Repairer. The costs of reassembly, packaging, and transport will be borne by the Client.

II.4. In any case, in the absence of specific stipulations, in the event of the presence of asbestos and/or any other hazardous substance not reported, the studies and works will be immediately stopped, with information and/or convocation of the Client for joint decision-making.

II.5. The fact that the Repairer receives Equipment for repair in its workshops does not constitute a commitment to perform this work.

III. Studies and Projects – Intellectual Property - Confidentiality

III.1. The repair or preliminary study contract between the Repairer and the Client does not entail any transfer of intellectual property rights. The Repairer remains the owner of all intellectual property rights on its studies, projects, and documents of any kind. The technology and know-how, patented or not, incorporated in the Products and Services, as well as all industrial and intellectual property rights relating to the Products and Services, remain the exclusive property of the Repairer. Only a non-exclusive right of use of the Products is granted to the Client.

III.2. All information communicated, orally or in writing, in any form, between the Repairer and the Client is deemed confidential and may not be disclosed without the prior written consent of the disclosing Party, except for information that is in the public domain. This clause applies in particular to know-how and plans that the Parties may exchange. The Client expressly undertakes to keep confidential the quotations, studies, projects, and documents of any kind belonging to the Repairer and not to communicate, reproduce, use, or execute them without the prior written authorization of the Repairer. The Client must return these elements to the Repairer upon first request.

The Parties mutually undertake to use the information only within the framework of this commercial relationship.

Regardless of the outcome of the commercial relationship, the confidentiality obligation will last as long as the confidential information has not been lawfully made accessible to the public.

Each Party will take all necessary and reasonable precautions to prevent unauthorized disclosure or use of these secrets by its employees or by professionals working on its behalf, in particular by imposing the same confidentiality obligation on them, for which it is responsible to the other Party.

IV. Supply – Repair Services

IV.1.- Only the Services and/or Supplies of Products listed in the quotation duly accepted by the Client will be performed by the Repairer.

IV.2.- If, during the execution of the repair contract, Services or Supplies of Products not initially provided for prove necessary, the Repairer will send the Client a supplementary quotation, with a new delivery time, if applicable. No supplementary Service or Supply of Products will be performed before the Repairer confirms the Client's written acceptance of this quotation.

In no case may the conditions agreed for supplementary Services and Supplies of Products modify the conditions agreed in the main repair contract, which remain unchanged unless explicitly agreed otherwise. In the case of temporary or partial repairs performed at the express written request of the Client, the Repairer's liability may not be invoked.

V. Deliveries, Acceptances, Insurance, and Transport

V.1. Sale of Equipment and/or Products

Delivery is carried out according to the Incoterm "Ex-Works our workshops or our various suppliers," as per ICC 01/2020, as defined by the International Chamber of Commerce in Paris at the date of contract conclusion. The transfer of risks on products sold by the Alphitan group company occurs as soon as they are taken over by the carrier, mandated by the Client, at the premises of our various workshops and/or suppliers.

If another Incoterm is chosen, its provisions will apply. Finally, in the absence of an Incoterm, it is agreed and accepted that the selected Incoterm will be EX-Works.

V.2. Shipment of Equipment by the Client Before Repair

The transport risks associated with sending equipment for repair in our workshops by the clients will be entirely their responsibility, as Alphitan does not manage packaging or transport operations.

Furthermore, in accordance with Article L-133.3 of the Commercial Code and the provisions of the CMR (International Road Transport), Alphitan will carefully inspect received parcels, making any necessary reservations to preserve any claims against the delivery carriers.

V.3. Shipment of Equipment from the Client Before Repair but Managed by Alphitan

Transport risks for equipment shipments intended for repair in our workshops and managed by Alphitan will be covered under our own Freight Insurance Policy.

V.4. Collection of Equipment from Clients by Alphitan Sales Representatives

In this case as well, transport risks will be borne by Alphitan, whether in our sales representatives' vehicles or when the equipment is entrusted to a Public Road Transporter of Goods for delivery to our repair workshops.

V.5. Shipment of Repaired Equipment from Our Workshops to the Client

Unless otherwise specified in writing by the client, these shipments will be handled by Alphitan.

Of course, whenever the client receives repaired equipment from Alphitan, they must also comply with the provisions set out in section 6.2 above.

V.6. Provisions Common to Sections V.1 to V.5:

Whenever transport risks are our responsibility, Alphitan has taken out a Freight Insurance Policy for the benefit of its clients to meet this commitment. The insured value in this case consists of:

- The market value of the equipment before repair

- The cost of the repair

Therefore, it is necessary for the client to provide us with the market value of their equipment before repair. Compensation payable by our insurers will be determined by:

- The replacement value as new, minus depreciation due to wear and tear, as assessed by an expert, with a limit of 25% for the equipment.

- The cost of our own service.

This compensation is, of course, subject to the payment of our service.

V.7. Exclusion

If Alphitan must intervene in settling a transport-related incident, compensation will be strictly limited to the value described above, excluding any other compensation for any reason.

VI. Delivery Deadlines

VI.1. The starting point for the delivery period of the repaired Equipment is the date of the repair contract conclusion under the conditions of Article II.2 or the reception of the Equipment to be repaired in the Repairer’s workshops if this reception occurs after the contract conclusion. The delivery period cannot start without the Client providing the Repairer with the required information and documents. The period may be suspended during contract execution if the Client fails to fulfill their cooperation and information obligations under Article VIII, or for any other legitimate reason.

VI.2 Delivery times are specified on the quotation issued by the Repairer. The Repairer will endeavour to meet these deadlines. No fixed penalty of any kind whatsoever will be due in the event of late delivery, notwithstanding the existence of any clauses to the contrary contained in any documents issued by the Customer. Only the loss actually suffered by the Customer, duly demonstrated and assessed by the latter, may be the subject of a claim for compensation, which compensation may in any event only be paid after negotiation with the Repairer and agreement by both parties.

VI.3. The Repairer shall not be held responsible for any delay in delivery:

a) in the event of the Customer's failure to fulfil its obligations, including in particular its obligations to provide information, to cooperate and to pay;

b) in the event of force majeure or events as specified in article XIV and in particular events such as strikes, lock-outs, epidemics, pandemics, war, requisitions, fires, floods, transport bans or delays, and generally any event beyond the control of the Repairer and which would have been notified to the Customer without delay.

VII. Cooperation of the Parties

VII.1 - The two Parties undertake to co-operate in the proper performance of any preliminary study or repair contract.

VII.2 - When the Services are carried out on the Customer's premises, the Customer undertakes to ensure that the Repairer has free access to its premises and to provide it with the workspaces, data and any other material assistance necessary for the proper performance of the contract.

VII.3. In all cases, the Customer undertakes to make available to the Repairer all information and documents in his possession which the Repairer may require in the performance of the contract. The Customer must provide the Repairer without delay with any information or document requested by the latter.

VII.4. The Customer shall appoint a person to be the sole contact for the Repairer.

VII.5. If any difficulty arises during the performance of the Services, the Repairer and the Customer undertake to consult each other in order to determine and implement a suitable solution to the difficulty within a reasonable period of time. The Party faced with a difficulty must inform the other Party in writing. The delivery period will be suspended until the difficulty has been resolved.

VIII. Prices

The prices of the Services and Product Supplies will be detailed in the quotation issued by the Repairer. Unless otherwise stipulated, these Services and Product Supplies are invoiced on the basis of these prices, corrected, if necessary, on the date the Equipment or Product is made available by applying the price revision formula agreed between the Parties. Unless otherwise stipulated, the cost of packaging and return transport shall be borne by the Customer.

If the Customer has not requested an estimate in advance, the invoice will be drawn up on the basis of the work carried out on the Equipment.

IX. Terms of payment

IX.1. Unless the Parties expressly agree otherwise in advance and in writing, invoice payments shall be made by cheque or bank transfer. Payments shall be deemed to have been made when the amounts shown on the invoices have been definitively credited to the Repairer's bank account.

Any deduction and/or set-off by the Customer is expressly excluded, except with the Repairer's express, prior and written agreement.

IX.2 - The contract shall set out the terms of payment, failing which, the Customer shall pay the Repairer :

- a deposit corresponding to one third of the total amount of the Price of the Services or Products supplied, on the date of conclusion of the repair contract or, where applicable, the preliminary study contract. The deposit invoice issued by the Repairer is paid in cash by the Customer;

- a deposit corresponding to one third of the total amount of the Price of the Services or Product Supplies, on the expiry of the middle of the period agreed for making the Equipment or Product available in the Repairer's workshops or shops, or for carrying out the service if the work has been carried out on site. The deposit invoice issued by the Repairer shall be paid in cash by the Customer;

- a final instalment corresponding to the outstanding balance. The invoice will be paid either on the date on which the Equipment or Product is made available in the Repairer's workshops or shops, or on the date on which the service is provided if the work has been carried out on site, or eight (8) days from receipt of the invoice accompanying the written notification sent to the Customer informing him that the Equipment or Product has been made available if receipt is provided for in the contract.

No complaint by the Customer shall be liable to postpone the due date for payment.

The payment period agreed between the Parties may not exceed 60 days from the date of issue of the invoice. By way of derogation, a maximum period of forty-five days end of month from the date of issue of the invoice may be agreed between the parties, provided that this period is expressly stipulated by contract and that it does not constitute a manifest abuse in relation to the creditor.

For deliveries of Equipment or Products that are imported into the tax territory of the French overseas departments and territories (DOM-COM), payment periods are counted from the date of customs clearance of the Equipment or Product at the port of final destination. When the Products or Equipment are made available to the Customer in mainland France, the period is counted from the twenty-first day following the date on which they are made available or from the date of customs clearance, whichever is the earlier.

IX.3. Any default or delay in payment on the due date will automatically and without prior notice lead to :

- Forfeiture of the term and immediate payment of all invoices not yet due;

- The application of late payment penalties calculated on the basis of the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus ten percentage points, payable on the day following the agreed due date until full payment of the amount due, without the need for a reminder;

- The payment, in respect of the costs incurred by the Repairer and caused by the recovery of the sums due, of a fixed indemnity, the amount of which is currently set by decree at forty (40) euros; it being specified that in the event that the amount of the recovery costs actually incurred by the Repairer is higher than the amount of this fixed indemnity, the Repairer will be entitled to request additional compensation from the Customer, on presentation of supporting documents.

In the event of default or late payment on the due date, the Repairer may also, at its own discretion :

- Suspend its obligations with regard to the contract affected by the default or late payment as well as all contracts in progress until full payment of the sums still owed to it by the Customer;

- Automatically terminate the contract affected by the default or late payment;

- Reclaim the Products that remain its property in application of the retention of title clause.

More generally, in the event of a deterioration in the Customer's financial situation, repeated non-payments by the Customer or risks of insolvency concerning the Customer, the Repairer reserves the right to make the execution of any new order subject to the provision of guarantees or new terms and conditions (in particular new terms of payment) giving full guarantees of payment to the Repairer and deemed satisfactory by the latter.

X. Retention of title and transfer of risk

X.1. In the event of the Supply of Products, the transfer of ownership of the Products sold is expressly postponed until the date of full, effective and final receipt of their price in principal and accessories in the Repairer's bank account. Failing this, the Customer must return the unpaid Products to the Repairer at its own expense in their original packaging and in perfect condition. The Repairer may reclaim the unpaid Products in application of the legal provisions in force.

X.2. Until ownership is transferred, the Customer must ensure that the means of identification affixed by the Repairer to the Products and/or the packaging in which the Products are delivered are properly preserved. Failing this, the Products in stock will be presumed to be those that have not been paid for.

X.3. The Repairer reserves the right to check, by any means of its choosing, that the Customer has complied with its obligations and to draw up an inventory of the Products in the Customer's possession, which the Customer hereby undertakes to allow free access to its premises, warehouses or shops for this purpose.

X.4 - The Customer undertakes not to :

- pledge or transfer in any form whatsoever, by way of security, ownership of the Products. He shall be obliged to use all legal means to oppose any claims that third parties may have against the Products by way of seizure, confiscation or equivalent procedure. As soon as he becomes aware of such claims, he must notify the Repairer to enable him to safeguard his interests.

- modify, transform or alter the Products.

XI. Packaging

In the absence of specific provisions, the items used to pack the Equipment or Product for shipment by the Customer to the Repairer shall be used to the best advantage of the Customer for the return of the Equipment or Product to the latter. If the recovery of these items is not sufficient, the excess will be supplied by the Repairer.

If the Repairer has to provide all or part of the packaging, this is payable by the Customer and will not be taken back by the Repairer, unless otherwise agreed.

XII. Contractual guarantee

XII.1 Defects giving right to the guarantee

The Repairer undertakes to remedy any malfunction resulting from a defect in the design, materials or workmanship (including assembly if this operation is entrusted to him) within the limits of the provisions below.

The Repairer's warranty is strictly limited to the repair work provided for in the contract on the Equipment and on the Products that it supplies.

The Repairer's obligation does not apply to replacements or repairs resulting from :

- normal wear and tear or deterioration of the Products or Equipment, accidents resulting from negligence, faulty installation, supervision or maintenance and abnormal use or use that does not comply with the Repairer's instructions,

- inadequate storage conditions,

- design or elements imposed by the Customer or incorrect information supplied by the Customer.

- modifications or repairs carried out by the Customer or a third party without the written agreement of the Repairer.

XII.2. Duration and starting point of the guarantee

General provisions

The warranty period runs from the date on which the Equipment and/or Products are delivered or made available.

Availability may not precede the delivery date stipulated in the contract.

Availability is deemed to have taken place from the date of the written notification sent by the Repairer to the Customer of the availability of the Materials and/or Products or when the Repairer has offered to deliver them to the Customer and the Customer has refused.

The revision of work, replacement or modification of parts during the warranty period may not have the effect of extending the warranty period. However, if the Customer is deprived of the use of his Equipment for reasons attributable to the Repairer, the warranty period will be suspended for a period equivalent to the time the Equipment is immobilised, if this period exceeds one week.

Provisions relating to the guarantee applicable to Service Provision operations

The guarantee only applies to machine components that have been fully repaired.

The Customer must notify, by registered letter, within forty-eight (48) hours of their occurrence, any anomaly or malfunction that has occurred in the Equipment covered by the guarantee. Failing this, the contractual guarantee may not be invoked by the Customer.

The same applies if the Customer does not take all appropriate measures to reduce the damage observed and does not give the Repairer the opportunity to remedy it.

The normal warranty period is six (6) months from the date on which the Equipment is made available in the Repairer's workshops.

Replaced or repaired Supplies are guaranteed for the remaining period.

Provisions relating to the warranty applicable to sales transactions

This commitment only applies to defects that become apparent during a warranty period of one year from the date the Products are made available.

In order to invoke the benefit of the guarantee, the Customer must :

- notify the Repairer, without delay and in writing, of the defects that he attributes to the Product and provide all evidence as to the reality of these defects,

- give the Repairer every opportunity to ascertain these defects and to remedy them.

- have used the Product in accordance with the manufacturer's recommendations.

In all cases, if the Product is used beyond the rate recommended by the manufacturer, this period must be halved.

Terms and conditions of the warranty

It is the responsibility of the Repairer thus notified to remedy the defect with all due diligence. The Repairer reserves the right to modify, if necessary, the Supplies of Products.

Work resulting from the warranty obligation is normally carried out in the Repairer's workshops at his own expense.

All other Services preceding or following the implementation of the warranty (assembly, disassembly, dispatch, return, etc.) are at the Customer's expense.

Parts replaced free of charge are returned to the Repairer and become his property once again.

XIII. Responsibilities

With the exception of gross negligence on the part of the Repairer and compensation for bodily injury, the Repairer's liability is limited, for all causes combined, to a sum which is capped at the sums received for the supply or service on the date of the claim.

The Repairer is obliged to make good any direct material damage caused to the Customer as a result of faults for which he is responsible.

On the other hand, the Repairer is not obliged to compensate for the harmful consequences of faults on the part of the Customer or third parties relating to the performance of the contract, nor for damage resulting from the use by the Repairer of technical documents, data or any other means supplied or whose use is imposed by the Customer and containing errors not detected by the Repairer.

The Repairer and the Customer mutually waive their right to invoke immaterial and/or indirect damages such as, in particular: operating losses, loss of profit, commercial loss, etc.

All penalties and indemnities provided for in the contract are in the nature of lump-sum damages, in full discharge of liabilities and exclusive of any other penalty or indemnity.

In the event of a damaging event, the parties undertake to limit the consequences of the said event as far as possible.

The Customer guarantees that his insurers or third parties in a contractual situation with him will waive any recourse against the Repairer or his insurers beyond the limits and for the exclusions set out above.

When acting as a reseller, the Repairer's Liability may only be sought after the Customer has obtained a decision from a court of first instance in respect of a liability action against the Manufacturer for the same cause of action.

XIV. Force majeure

The Repairer and the Customer shall not be held liable for any delay or failure to perform under the contract caused directly or indirectly by a case of force majeure in the broadest sense, such as :

- natural disasters, epidemics, ;

- earthquake, storm, fire, flood... ;

- armed conflict, war, conflict, attacks, requisitions, etc;

- labour dispute, total or partial strike at the Repairer's or the Customer's premises;

- labour dispute total or partial strike by suppliers, service providers, transporters, postal services, public services, etc;

- imperative injunction from the public authorities (import ban, embargo);

- operating accidents, machinery breakdown, explosion.

Each Party shall inform the other Party without delay of the occurrence of a case of force majeure. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.

XV. Making Equipment available to the Customer for repair purposes

Any provision of Breakdown Repair Equipment by the Repairer must be subject to a prior rental contract.

The Customer must use the Equipment in accordance with its intended purpose. The Customer shall assume full responsibility and liability for the Equipment thus entrusted, including its safekeeping (insurance, maintenance, etc.).

XVI. Employee travel - On-site work

On-site work involving travel by the Repairer or his employees to the Customer's site or premises is governed by these General Repair Conditions and by the Specific Conditions for On-site Work drawn up by the Groupement des entreprises de service et de maintenance de matériel électrique (SIRMELEC), shown in Appendix 1).

In the event that the order includes work on site or the relocation of an employee, a copy of the Special Conditions for work on site is appended to the Repairer's price list or to the quotation issued by the Repairer.

XVII. Emergency interventions

Emergency interventions carried out by the Repairer following a request from the Customer are governed by these General Repair Conditions and by the Specific Conditions for emergency interventions established by the Group of Electrical Equipment Service and Maintenance Companies (SIRMELEC), appearing in Appendix 2.

XVIII. Competent court

Exclusive jurisdiction is given to the competent courts of the district in which the registered office of the Repairer is located to hear all disputes, contests or difficulties of any nature arising in the context of the relations between the Repairer and the Customer, including those relating to the General Conditions and their annexes, to the contracts concluded between them, concerning in particular their formation, conclusion, validity, interpretation, execution, non-execution, termination, resolution or cessation for any reason whatsoever, and/or involving the application of the law on anti-competitive practices within the meaning of Articles L. 420-1 et seq. of the French Commercial Code or the law on restrictive competition practices within the meaning of Article L. 442-6 of the French Commercial Code.

This clause applies even in the event of summary proceedings, multiple defendants or incidental or warranty claims.

XIX. Applicable law

The General Terms and Conditions and their annexes, as well as any contract or commercial relationship resulting therefrom, are subject to French law, to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods.

APPENDIX 1: Specific conditions for on-site work for Francee

I. Principes généraux

Les présentes Conditions spécifiques ont pour objet de compléter les Conditions Générales de réparation (ci-après « CG ») du Réparateur lorsque le Client requiert une intervention du Réparateur ou de ses préposés dans les locaux ou sur le site du Client. Les CGR et les Conditions spécifiques forment ensemble un tout indissociable. En cas de contradiction, les Conditions spécifiques prévalent sur les CG.

II. Obligations du Client

1°) Notification

Le Client et le Réparateur conviendront ensemble d’une date d’intervention sur le site du Client. Le Client confirmera par écrit au Réparateur en temps utile les dates auxquelles :

- le personnel du Réparateur aura libre accès aux site et locaux du Client, et

- l’équipement devra être disponible aux fins d’intervention

2°) Travaux préparatoires

Afin que les travaux puissent se poursuivre sans interruption, tous les travaux préparatoires à la charge du Client spécifiés dans le contrat doivent être terminés avant l’arrivée du personnel (il peut s’agir, à titre d’exemple, du démontage des machines, de leur débobinage, de leur nettoyage, d’aménagement d’appareils de levage, etc.). Le site, les locaux et le terrain seront de niveau, sans obstacle et normalement praticables, ainsi que leurs accès.

L’outillage et le Matériel d’équipement nécessaires au travail et fournis par le Client seront disponibles à l’avance sur le lieu de travail.

3°) Prévention des accidents

Le Client prendra toutes les mesures prescrites légalement ainsi que celles qui s’avèreraient nécessaires en vue de la prévention des accidents.

III. Conditions d’exécution

L’exécution des travaux est régie par les différentes prescriptions légales, le Client étant responsable de la non-observation de ces prescriptions.

Le Client devra communiquer de façon détaillée au Réparateur les consignes de sécurité qu’il donne à son propre personnel et le Réparateur sera tenu de les faire respecter par ses préposés. Si le Client constate des infractions à ces consignes de la part du personnel du Réparateur, il devra en aviser au plus tôt ce dernier par écrit.

Le Client pourra renvoyer immédiatement du chantier tout membre du personnel du Réparateur qui ne tiendrait pas compte de ses instructions ou de ses ordres concernant la sécurité.

Toute observation doit être portée sur la feuille de travail que le personnel du Réparateur est tenu de présenter au visa du Client. Toute réclamation faite après le départ du personnel ne peut être admise.

Le Réparateur fera connaître au Client, si besoin est, les risques particuliers que l’exécution du travail peut entraîner.

Le Client mettra à la disposition du Réparateur des locaux fermés ou gardés, situés à proximité du lieu de travail, lui permettant de mettre à l’abri du vol et des détériorations son matériel d’équipement et son outillage, ainsi que les vêtements du personnel.

Sont à la charge du Client et sous son entière responsabilité les travaux mentionnés à l’article 1, paragraphe 2, ainsi que le transport de matériels entre les ateliers du Réparateur et le lieu des travaux, les manutentions en cours de transport, à l’arrivée et à pied d’oeuvre, la mise à disposition, pour la durée des travaux, des engins, apparaux, matières et accessoires demandés par le personnel du Réparateur (ce personnel ne doit pas être contraint d’employer des engins ou appareils qui lui paraîtraient défectueux), l’éclairage et le chauffage du lieu des travaux, l’énergie, le combustible, l’huile, l’eau, l’air comprimé, etc., les agencements et dispositifs nécessaires pour le réglage, la mise au point et les essais, les travaux de serrurerie, scellement, maçonnerie, menuiserie, charpente, couverture, peinture, etc., nécessités par l’installation, ainsi que ceux faisant partie de l’aménagement des locaux, les mesures et moyens de protection contre les risques spéciaux (incendie, par exemple) à l’abri desquels doivent être particulièrement tenus certains travaux.

IV. Travaux hors contrat

Le Client ne pourra, sans l’autorisation du Réparateur, demander des travaux complémentaires au personnel de celui-ci . Le Réparateur décline toute responsabilité pour les travaux exécutés par son personnel sans son approbation.

V. Main d’œuvre complémentaire

La main d’oeuvre auxiliaire qualifiée ou non qualifiée qui s’avèrerait nécessaire sera mise gratuitement à la disposition du personnel du Réparateur. Ce dernier n’assume aucune responsabilité du fait ou vis-à-vis de cette main d’oeuvre.

VI. Heures d’attente

D’éventuelles heures d’attente non imputables au Réparateur feront l’objet d’une facturation complémentaire.

VII. Responsabilités

En cas d’accident ou sinistre survenant au cours des travaux, à quelque moment et pour quelque cause que ce soit, la responsabilité du Réparateur est strictement limitée aux dommages directement causés par son personnel propre.

Par suite, le Réparateur n’encourt aucune responsabilité pour les dommages, de quelque nature qu’ils soient, occasionnés soit au personnel, soit au matériel du Client ou de tiers, qui ne lui seraient pas imputables.

ANNEXE 2 : Conditions spécifiques aux interventions d’urgence

I. General principles

These Specific Conditions (hereinafter "SC") are intended to supplement the General Conditions of Repair (hereinafter "GC") of the Repairer when the Customer requires an intervention in emergency conditions. The GCR and the SC together form an inseparable whole. In the event of a contradiction, the Specific Conditions shall prevail over the GC.

For the purposes hereof, any request for repair or troubleshooting of the Customer's installations for which the completion time requested by the Customer is less than or equal to 8 (eight) calendar days shall be considered an "emergency intervention".

II. Quote - contract formation

The emergency repair contract is formed on the date of receipt by the Repairer of the Customer's acceptance of the quote or the intervention proposal. Given the urgent nature of the matter, the Customer may transmit its acceptance by email, fax or by post. The date of receipt by the Repairer of the Customer's acceptance will constitute the starting point for the intervention period. In the event of non-compliance with this procedure, the Service Provider will be unable to intervene due to a lack of agreement on the intervention conditions. Once the contract has been formed under the conditions specified above, it may only be modified by written amendment signed by each of the Parties.

III. Prices

Prices are stipulated excluding taxes. They are given for the Services mentioned in the intervention proposal to the exclusion of any other. They cannot cover the implementation of internal practices of the Client, requested at the time of the intervention. Any additional request made by the Client after acceptance of the quote or the intervention proposal will be the subject of an additional offer which will give rise to additional invoicing. Similarly, in the event that, during the intervention, work not provided for in the notice or the proposal proves useful, it will be the subject of an additional offer. This work may only be implemented with the Client's agreement made without reservation in the forms provided for in these conditions.

The documentation provided in the Service Provider's offer corresponds to the Service Provider's standard standard. Any additional documentation requested by the Client or any adaptation of the documentation to the Client's standards must be the subject of an additional order.

The prices stipulated correspond to an intervention carried out under normal conditions, foreseeable by the Service Provider. In the event of special circumstances likely to disrupt the smooth running of the intervention in accordance with the Service Provider's expectations, the latter reserves the right to suspend its intervention, without incurring a penalty, until the parties reach an agreement on a revision of the contract adapted to the circumstances.

IV. Obligations of the Repairer

The Repairer’s commitments constitute an obligation of means. The Services will be carried out in strict compliance with the professional rules applicable to the Repairer as well as in accordance with the conditions specified in the estimate or the intervention proposal. 

V. Penalties

If, by way of derogation from these conditions, the Parties agree on penalties for any reason whatsoever, the total amount of these penalties for all reasons combined may not exceed 10% of the price of the service subject to the penalties.