General conditions of sale
Applicable from 04/01/2023
Preamble :
Article 1: Purpose and scope of application
These general terms and conditions of sale (GTC) constitute the basis of the commercial negotiation and are systematically sent or given to each buyer to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of the company INWAY SAS and its client in the context of the sale of the following services: Services and advice to strengthen and optimize the organization of the use of surgical instrumentation in a multi-purpose healthcare facility.
Any acceptance of the quote/purchase order including the clause "I acknowledge having read and accept the general terms and conditions of sale attached hereto" implies the buyer's unconditional acceptance of these general terms and conditions of sale.
Article 2: Prices
The prices of the services and advice sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and any fees applicable on the day of the order.
INWAY SAS reserves the right to modify its prices at any time. However, it undertakes to invoice the services and/or advice ordered at the prices indicated when the order was registered.
Article 3: Discounts and rebates
The prices offered include the discounts and rebates that INWAY SAS may grant taking into account its results or the assumption by the buyer of certain services.
Article 4: Discount
No discount will be granted in the event of early payment.
Article 5: Payment terms
Orders are paid by direct debit from the buyer's bank account (RIB to be attached to the quote or purchase order), by bank transfer (references mentioned at the bottom of the invoice) or by bank check payable to SAS INWAY.
A 30% deposit will be requested upon signing the quote/purchase order.
Payments will be made upon receipt of the invoice.
Article 6: Late payment
In the event of total or partial non-payment of the goods delivered on the due date, the buyer must pay INWAY SAS a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in effect on the day the goods are delivered.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment penalties, any amount, including the deposit, not paid on its due date will automatically result in the payment of a fixed penalty of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
Article 7: Termination clause
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the amounts still due, the sale will be automatically terminated and may give rise to the allocation of damages to the benefit of INWAY SAS.
Article 8: Terms of performance
The performance is only started after confirmation of payment by the service provider's banking institution.
It is provided within the time period specified on the quote/purchase order, from receipt by the service provider.
In the event of non-compliance with the payment conditions listed above, the seller may suspend or cancel the service.
The service is provided at the address indicated by the buyer on the quote/purchase order. The buyer must ensure its accuracy. Any wasted travel by the service provider due to an incorrect or incomplete address will be billed to the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
The buyer will ensure to give access to the service provider in particular if he is not personally present on the day of the performance of the service.
The end of the service will give rise to an end of intervention document. The buyer must indicate on this document and in the form of handwritten reservations accompanied by his signature any anomaly concerning the service or the conditions of its performance.
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the end of intervention document.
Article 9: Intervention times
Except in cases of force majeure or during closing periods clearly announced on the home page of the site, the intervention times will be, within the limits of the service provider's availability, those indicated below.