- Application – Enforceability
These General Terms and Conditions are provided by ACKSYS to each purchaser.
Accordingly, placing an order implies the full and unreserved adherence of the purchaser to these General Terms and Conditions of Sale, to the exclusion of all other documents such as brochures, catalogs, issued by ACKSYS and which have no legal value.
No special conditions can prevail against the General Terms and Conditions of Sale unless ACKSYS has given its formal and written acceptance.
The fact that ACKSYS does not rely on any of these General Terms and Conditions of Sale at any given time cannot be interpreted as a waiver to subsequently rely on any of them.
- Prices
2.1. The catalogs and prices of ACKSYS cannot be considered as a firm offer for the models designated in them; orders commit ACKSYS only after its confirmation.
2.2. Prices are quoted ex-works and exclude transportation costs.
2.3. For export, our products are delivered FCA Villepreux, France according to the International Chamber of Commerce incoterms 2020.
2.4. Prices are indexed on the variation of the components of the models as well as on all the elements defining these prices and are applicable for payments upon receipt of invoice.
- Payment Terms
3.1. For any first order or any order requiring an account opening, payment is required upon order.
3.2. Invoices are issued by ACKSYS on the date of departure of the equipment from ACKSYS premises and are payable within 30 days net.
These payments are accepted after account opening and acceptance of our General Terms and Conditions of Sale.
Any inactive account for more than 12 months will be closed.
For orders over 2,200 Euros excluding taxes, a deposit of 30% can be required upon order (40% for specific studies).
3.3. The minimum invoicing amount is 300 Euros excluding taxes. Any order for an amount less than 300 Euros excluding taxes will be subject to a flat fee invoiced at 45 Euros excluding taxes.
3.5. In the event of late payment, ACKSYS may suspend all current deliveries without prejudice to any other course of action.
3.6. In the event of default in payment, ten days after an unsuccessful demand, the sale will be automatically terminated if deemed appropriate by ACKSYS, which may request, in summary proceedings, the return of the products without prejudice to any other damages and interests.
3.7. In the event of non-payment on the due date and in accordance with Law No 92-1442 of December 31, 1992, the sums due will automatically bear interest without requiring any demand, at a rate of 18% per year (1.50% per month of delay) without this clause affecting the enforceability of the debt.
3.8. In no case may payments be suspended or subject to any compensation without the prior agreement of ACKSYS.
3.9. Any partial payment will be first applied to the non-privileged part of the debt and then to the amounts whose maturity is the oldest.
3.10. For exports, payments are made by irrevocable and confirmed wire transfer. Unless otherwise indicated or previously agreed to in writing, payment terms is 100% T/T prior to the shipment, the quoted sales price is in the EURO (€) currency and does not include taxes, freight cost (unless specified), import or export duties.
Please note that bank charges are at your own expense and must not be deducted from the amount paid to ACKSYS.
- Delivery Times
4.1. The delivery time of ACKSYS products varies depending on the stock. The standard delivery time for a product in stock is about 10 working days.
Any order stipulating delivery within less than 10 working days will be subject to an “emergency processing” fee of 45 Euros.
4.2. Deliveries are made based on availability and in the order of arrival of orders.
4.3. ACKSYS is authorized to make global or partial deliveries.
4.4. Delivery times communicated on order acknowledgments may be modified depending on the actual stock of ordered products.
4.5. Late delivery cannot give rise to damages, withholdings, or cancellation of current orders.
4.6. However, if the product has not been delivered for any reason other than a case of force majeure, three months after the indicative delivery date, the sale may be terminated at the request of either party. The buyer may obtain a refund of their deposit, excluding any other compensation or damages.
- Transfer of risks and ownership
5.1. In mainland France, the ownership of goods sold will only be transferred to the buyer once the full price has been paid. However, the risk of damage, loss, or theft of the goods will be transferred to the buyer upon delivery.
5.2. In the event of Judicial Recovery or Liquidation of the buyer’s assets, ACKSYS shall have the right to reclaim ownership of the goods sold in accordance with the provisions of the law of May 12, 1980, amending article 59 of the Law of July 13, 1967, as well as articles 65 and 66 of the said Law, within three months from the publication of the Judgment opening the Judicial Recovery or Liquidation of assets procedure.
5.3. The buyer is required to check the products upon delivery, make any necessary reservations with the carrier, and inform ACKSYS in writing, within five days of delivery, of any damage due to transportation. No claims will be accepted after this period.
- Order Cancellation
6.1. ACKSYS reserves the right to refuse cancellation of an order once it has been confirmed and production has started. This decision is at the discretion of ACKSYS and may be influenced by various factors such as the progress of production, the customized nature of the products, their quantity, or other relevant circumstances.
6.2. In the event that a cancellation is accepted by ACKSYS, the customer may be liable for costs already incurred by ACKSYS in fulfilling the order. Such costs may include, but are not limited to:
- The cost of products already built specifically for the order.
- The cost of components and materials supplied for the production of the order.
- Any other expenses incurred directly in connection with the cancelled order and its management.
6.3. The customer will be provided with an itemized invoice for costs incurred up to the date of acceptance of the cancellation.
6.4. Cancellation fees must be paid by the customer in accordance with ACKSYS’ usual payment terms. Failure to pay these charges may result in further action, in accordance with current legislation and ACKSYS policies.
- Warranty and maintenance
7.1. All equipment manufactured by ACKSYS is guaranteed against any material or manufacturing defects for a period of 5 years. Any other equipment not manufactured by ACKSYS is subject to the warranty conditions of its manufacturer. Consumables (batteries, batteries, storage media, etc.) are excluded from the guarantee.
7.2. The guarantee does not apply in the event of improper installation or maintenance of the product, or modification or repair by persons not authorized by ACKSYS or one of its authorized representatives.
7.3. ACKSYS does not guarantee the achievement of specific results beyond the conformity of the product to officially published specifications.
7.4. ACKSYS’s liability is limited in value to the amount of the contract between the two parties. In no case shall it extend to indirect consequences caused by a hardware or software failure.
7.5. This warranty replaces all other oral or written warranties, express or implied.
7.6. ACKSYS’ liability shall in no case exceed the price of the invoiced products which are the subject of the request. ACKSYS will in no way be held responsible for losses and profits, operating and equipment losses or any other direct, indirect or consequential damages.
7.7. Terms and conditions can be found on ACKSYS web site https://www.acksys.fr/en/terms-conditions/
- Return of goods – RMA
Any defective goods under warranty must be returned to us in their original packaging, accompanied by a return number requested from ACKSYS in advance and a precise description of the reason for the return. Any return of goods must be made at the customer’s expense.
(1) With the exception of customs clearance formalities and related duties, taxes and other charges payable on the importation of goods.
(2) Product damaged during shipping: provided that the delivery of the goods is the responsibility of ACKSYS and that the reservations have been made by the customer to the carrier upon receipt of the damaged package. The customer must also declare to ACKSYS the situation within 24 hours of receiving damaged packages.
8.1. Return of a defective product
8.1.1. ACKSYS will carefully test and evaluate all returned products, repair products that are under warranty, free of charge, and return repaired products to sender with return shipping costs prepaid.
8.1.2. If ACKSYS receives products for which the failure is not considered a manufacturing defect or if the product is no longer covered by the warranty, you will be advised of the repair or replacement costs. Customers must respond within 30 days of notification with an order number or credit card number to cover repair costs, failing which we will dispose of the returned material.
8.1.3. If the problem or condition that caused the return cannot be reproduced by ACKSYS, the product will be returned with the mention “No problem found”.
8.1.4. We reserve the right to charge for testing and testing of non-defective products, return shipping costs will be at the customer’s expense. Similarly, if the customer does not wish to recover or have his defective product repaired, the fault diagnosed will be invoiced to him.
8.2. Return of a non-defective product
8.2.1 The return of non-defective products will be accepted at the discretion of ACKSYS within 30 days from the invoice date for the issuance of a credit note or an exchange. Returned products must be 100% complete, in good condition and in their original packaging as well as with all other accessories and documents provided by ACKSYS.
8.2.2. The return of non-defective products is subject to a billing of 20% of the total amount of the invoice for the costs of restocking, this type of return is not applicable to products not held in stock (specific studies or MOQ).
- Origin of products
All ACKSYS equipment is designed and manufactured in Europe. They are delivered with technical documentation in French (English documentation is also available for some products).
- Equipment loans
10.1. The company ACKSYS may exceptionally lend you certain of its equipment (with a price higher than 600 Euros excluding tax) so that you can carry out a precise technical evaluation.
Unless otherwise agreed in writing by ACKSYS, these loans are concluded for a maximum period of 15 days free of charge. Beyond this period, the loaned equipment is subject to billing according to the following conditions:
- Up to 30 days late: rental cost amounting to 0.22% of the loaned equipment price per week of delay.
- Beyond 30 days late: total invoicing of the borrowed product without notice.
A deposit may be required before sending the equipment on loan.
10.2. Any loan request is deemed valid only after receipt of a request clearly indicating the company name, the name and position of the applicant, as well as the designation of the equipment and the desired loan period.
10.3. The applicant is responsible for checking the products upon delivery, making any necessary reservations with the carrier, and informing ACKSYS in writing within two days of delivery of all transport-related damages.
10.4. The applicant is prohibited from reselling the borrowed goods or even using them outside the premises of the requesting company.
10.5. The loaned equipment is under the sole responsibility of the requesting company, which undertakes to return it within the prescribed period and in perfect working order (shipping costs at their expense).
10.6. Any expenses incurred for the repair of loaned equipment will be invoiced.
- Jurisdiction
Any dispute of any kind whatsoever relating to sales by the company ACKSYS, even in the event of a warranty claim, plurality of defendants, or summary proceedings, falls under the exclusive jurisdiction of the Commercial Court of Versailles, ruling under French law.
- Distribution contracts
Distribution contracts or Memorandum of Understanding (MoU) or Framework agreements signed with our clients take precedence over our general conditions of sale.
