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General terms of sale

ARTICLE 1 : SCOPE

Any sale of equipment (software and hardware), any rental, any provision of service and, in general, any offer from EVOCOM SPRL are subject exclusively to these general conditions which cancel and replace those of the Customer and which cannot be modified without the express written consent of EVOCOM SPRL.

Any order placed by the Customer implies irrevocable acceptance of these conditions and any additional conditions which appear on the invoice or purchase order and which are deemed to be reproduced here in full.

ARTICLE 2 : PRICE

​The prices provided by EVOCOM SPRL, whatever their mode of communication, are exclusive of VAT.

​Even during the execution of an order, prices may be subject to revision in the event of increases in wages, prices of raw materials, or any other element influencing production costs, as well as in the event of fluctuation of the exchange rate, entrance fees, transport and insurance costs, etc.

The same will apply to any other new and unforeseeable circumstance modifying the balance of the reciprocal services of the parties.

In general, EVOCOM SPRL can modify its prices at any time and without prior notice as long as this increase is not made on the basis of elements which depend on its sole will.

Any promotions are subject to the conditions and applicable within the limit of available stocks.

ARTICLE 3 : PAYMENT

Unless otherwise agreed, all invoices not paid in cash are payable within 15 calendar days of their issue (date of the invoice) at the registered office of EVOCOM SPRL.

Any invoice that remains unpaid on its due date will be productive as of right and without prior notice of interest of 10% per year, until full and full payment.

In addition, the amount of the invoice will be increased automatically and without prior notice by an indemnity amounting to 15% with a minimum of 150 EUR as a fixed and irreducible penalty clause, without prejudice to any other damages that may be incurred.

If the Customer does not fulfill their contractual obligations, EVOCOM SPRL is entitled to suspend all or part of the service(s) offered to their end customers and to contact them with an alternative commercial offer.

The issue of a draft or bill of exchange does not effect either amendment or derogation from these conditions.

The fact that exceptionally payment terms and timeframes would be granted by EVOCOM SPRL does not imply waiver of these conditions

ARTICLE 4 : DUTY OF ADVICE AND ORDER

Prior to entering into the agreement, the Customer will have taken all necessary advice and have ensured that the hardware, software and/or services they intend to order meet their needs and can satisfy the use they intend to make of it.

The Customer expressly acknowledges having taken familiarized themselves with all the aptitudes and performances of the product and the requested material and having made their choice according to the specific uses for which their intends it. The specifications for the equipment rented or sold mentioned in the offers of EVOCOM SPRL are therefore purely indicative and without warranty of any kind.

EVOCOM SPRL assumes no responsibility for an error of choice or assessment of the Customer.

​EVOCOM SPRL's duty to advise remains in any case an obligation of means.

ARTICLE 5 : TIMEFRAMES

​In the event of delivery, the delivery method is indicated on the order form or specified by email.

The delivery dates communicated by EVOCOM SPRL are given for information only. If the delivery date needs to be changed, EVOCOM SPRL will contact the Customer in order to suggest a new date.

When a Customer calls on EVOCOM SPRL to carry out a repair, the possible repair period communicated by EVOCOM SPRL will not be binding.
The repair period, given purely as an indication, may also be delayed in the event that the requested repair requires additional investigations or the implementation of complex technical procedures.

ARTICLE 6 : RESERVATION OF OWNERSHIP AND TRANSFER OF RISKS

The equipment sold by EVOCOM SPRL remains the property of EVOCOM SPRL until the principal and interest of the price and any ancillary expenses have been paid in full. 

However, if the equipment is delivered or collected before full payment of the price, the risks are transferred to the Customer at the time of its collection or, in the case of transport, upon departure from the offices of EVOCOM or any other supplier.

In the event of non-payment, the goods will be returned to EVOCOM SPRL which will keep the deposits paid.

ARTICLE 7 : COMPLAINTS AND COMMUNICATION

To be admissible, any dispute or complaint concerning the invoice must reach the registered office of EVOCOM SPRL by registered letter sent to the Post Office within fifteen calendar days of the invoice date.

Any communication from the Customer is only valid if in writing.

ARTICLE 8 : LIMITATION OF LIABILITY

​EVOCOM SPRL undertakes an obligation of means and not of result.

EVOCOM SPRL has set up a professional infrastructure to which it brings all the necessary attention in order to guarantee optimal availability of its cloud services.

EVOCOM SPRL n’ayant qu’une obligation de moyen et pas de résultat, n’offrira aucune compensation en cas de dégradation ou d’indisponibilité de ses services.

EVOCOM SPRL cannot be held responsible for loss of elements and/or memory data or damage, direct or indirect, that may occur to people or property following its intervention or the equipment supplied, in particular the loss or decrease of profits, damage resulting from deterioration or loss of data recorded by the user as well as for problems related to misuse or lack of knowledge of how to operate the software. Their possible replacement will be at the expense of the Customer.

It is the Customer's responsibility to ensure the storage and preservation of data and software before any intervention.

EVOCOM SPRL does not guarantee data recovery.

EVOCOM SPRL does not provide any guarantee on its services if it should intervene on an insufficiently protected computer or on software for which the Customer does not have a license.

Any service that cannot be provided by EVOCOM SPRL due to defective equipment will be invoiced according to the financial conditions provided for in the agreement.

​In any event, EVOCOM SPRL does not incur any liability in the event of total or partial, temporary or definitive non-fulfillment of orders in the following cases :

a. In the event that the payment conditions stipulated on the order form or under these conditions have not been observed by the Customer.

b. In the event that the information necessary for the execution of the order has not reached EVOCOM SPRL in good time.

c. In the event of an act of Government, strike, accident, fire, natural disaster, civil or foreign war, riot, the impossibility of obtaining supplies or the delay of the suppliers of EVOCOM SPRL or of any other cause beyond the control of EVOCOM SPRL..

ARTICLE 9 : GUARANTEE

9.1 CLAUSES APPLICABLE TO CONSUMER CUSTOMERS:

The consumer is defined as being: “ any natural person who acquires or uses for purposes excluding any professional character of products placed on the market ".

The legal European guarantee for consumers is 2 years with regard to parts and labor.

During this period, EVOCOM SPRL undertakes to replace or repair the defective device or item (or one of its components) free of charge.

EVOCOM SPRL reserves the right to exchange the item in the event of disproportionate repair costs or impossible repairs.

The guarantee is deemed to take effect on the day of the final payment of the price. Any item that is not fully paid for is not guaranteed.

To assert a guarantee, the Customer must be able to present proof of purchase.

The guarantee is not transferable.

Any lack of conformity must be reported within 2 months of its discovery by registered mail. After this period, the Customer loses all rights to repair or replacement.

Exceptions: The warranty never covers faults which are the consequence of accidents, worsening of the condition through negligence, falls, use of the product contrary to the purpose for which it was designed, non-compliance with the instructions for use or the manual, adaptations or modifications made to the device, aggressive use, poor maintenance or abnormal, commercial or incorrect use, poor stability of the network to which the devices are connected.

The absence of original packaging is also a clause of breach of warranty.

The guarantee does not cover the possible costs of moving EVOCOM SPRL or transporting the equipment as well as the costs, including labor, linked to the possible re-installation of the software.

9.2 CLAUSES APPLICABLE TO PROFESSIONAL CUSTOMERS:

The products will be deemed to be approved by the Customer no later than eight calendar days after delivery or collection, except for a specific and detailed complaint that they send to EVOCOM SPRL before the expiry of this period by registered letter.

The approval will cover all apparent defects and lack of conformity, that is to say all those possible for the Customer to detect at the time of delivery or within the eight calendar days which followed by a careful and serious check.

The guarantees granted by EVOCOM SPRL relating to the equipment sold vary according to the different brands. The guarantees are exclusively those given to it by its suppliers, manufacturers or importers and of which the Customer accepts the limits and conditions, without the EVOCOM SPRL guarantee being able to exceed six months.

The warranty shall only apply if all the following conditions are met :

- the defect renders the device to a large extent unsuitable for the use for which it is usually intended or for a special use expressly mentioned in the particular conditions of sale;

- with regard to accessories, the product has been correctly mounted and placed ;

- the product is used under normal conditions; the warranty will not apply if the instructions, maintenance, and use communicated at the time of delivery have not been followed, as well as in the event of modification, disassembly, or repair by a person who is not professionally qualified.

To be able to invoke the benefit of the guarantee, the Customer must notify EVOCOM SPRL of any complaint relating to hidden defects by registered letter within a maximum period of one month after they have noticed or should normally have noticed the defects.

​The warranty is limited, at the option of EVOCOM SPRL, to free repair or replacement of defective items. The Customer should return the defective device to our facilities at its own expense and risk so that it can be repaired or replaced.

The guarantee does not cover the possible costs of moving EVOCOM SPRL or transporting the equipment as well as the costs, including labor, linked to the possible re-installation of the software.

ARTICLE 10 : RESOLUTION OF THE SALE

​EVOCOM SPRL is entitled to terminate the agreement as of right and to interrupt any service in the event of serious non-performance by the Customer of one of their contractual obligations, in particular if they have delayed the payment of an invoice for more than fifteen calendar days after its due date (i.e. after a maximum period of one month after issuing the invoice) or if it turns out that they will not perform or seriously risk not performing one of their main obligations and in particular in the event of collective debt settlement, judicial reorganization proceedings, or bankruptcy.

ARTICLE 11 : INDEPENDENCE OF CLAUSES

​The fact that EVOCOM SPRL does not implement one or the other clause of these conditions cannot be interpreted as a waiver on its part to invoke it. Likewise, the possible invalidity of a clause of these conditions does not affect the validity of the other clauses.

ARTICLE 12 : INTANGIBLE RIGHTS IN SOFTWARE

The sale of software and other products involves under no circumstances transfer of reproduction, representation, or exploitation rights and more generally any rights acknowledged either currently or in the future to those who participated in the making of software and other products and to their beneficiaries.

Likewise, the Customer shall refrain from reproducing, causing to be reproduced or allowing the reproduction, even partial, of this software or other products whatever the modalities.

ARTICLE 13 : REFERENCING CLAUSE

Evocom reserves the right to mention by way of reference the existence and the subject of this contract in the framework of its documents distributed in particular to its customers and prospects.

ARTICLE 14 : JURISDICTION AND APPLICABLE LAW

In the event of a dispute, only the courts of the judicial district in which EVOCOM SPRL has its registered office are competent.
Belgian law is the only one applicable.