{"id":17168,"date":"2025-02-06T14:26:44","date_gmt":"2025-02-06T13:26:44","guid":{"rendered":"https:\/\/ezway-technology.com\/general-conditions-of-sale\/"},"modified":"2026-03-12T13:08:23","modified_gmt":"2026-03-12T12:08:23","slug":"general-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/ezway-technology.com\/en\/general-conditions-of-sale\/","title":{"rendered":"General conditions of sale"},"content":{"rendered":"\t\t
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General conditions of sale <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Article 1:<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Purpose and Scope of Application Any order for services implies the buyer’s unreserved acceptance of and full adherence to these general terms and conditions of sale, which prevail over any other document from the buyer, and in particular over any purchase conditions, unless otherwise expressly agreed to in writing by our company. These general terms and conditions of sale apply to all sales of services by our company unless otherwise specifically agreed in writing between the parties prior to the order. <\/p>


Consequently, placing an order by a customer implies the latter’s unreserved acceptance of these general terms and conditions of sale, unless specific conditions are agreed to in writing by our company with the purchaser.<\/p>


Any document other than these general terms and conditions of sale, including catalogues, prospectuses, advertisements, notices, has only informative and indicative value, not contractual.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 2: Intellectual Property <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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All computer techniques developed, as well as the software created and implemented within the framework of the service, and the technical documents provided to our clients, remain the exclusive intellectual property of our company, the sole holder of the intellectual property rights, and must be returned to it upon request.<\/p>


Our clients agree not to use these documents in any way that could infringe on our company’s industrial or intellectual property rights and agree not to disclose them to any third party or use them fraudulently.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 3 <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Orders By order, we mean any request relating to our services appearing on our quotes, and accepted by our company, accompanied by payment of the deposit possibly provided for on the order form.<\/p>

Orders placed with our company are irrevocable for the customer, unless we provide written acceptance. Any request to modify an order placed by a customer cannot be accepted. <\/p>

Our company will only consider the request if it is made in writing, including by fax or<\/p>

email and reached our company, at the latest 15 days after our company received the initial order.<\/p>

In the event of a modification to the order by the customer, our company will be released from the agreed deadlines for its execution.<\/p>

Unless otherwise agreed, delivery delays do not entitle the customer to cancel or modify the order or contract. They shall not give rise to any claim for damages. Penalty clauses appearing on our customers’ commercial documents are not binding upon us. Delivery times specified in an order are accepted by our company and are binding upon us only under the following conditions: the customer’s compliance with the payment terms and the timely payment of invoices. <\/p>

advance payments, timely provision of specifications, no delays in preparatory requests, no cases of force majeure, social, political, economic or technical events hindering the normal development of our service.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 4 <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Deliveries and Deployment: Our company strives to meet the delivery deadlines indicated upon order acceptance, based on the reference logistics timeframe in the<\/p>

profession, and to execute orders, except in cases of force majeure, or in the event of circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, war, acts of terrorism, without this list being exhaustive.<\/p>

Delivery delays cannot give rise to any penalty or compensation, nor justify cancellation of the order.<\/p>

Any delay beyond the initially estimated delivery dates shall not justify cancellation of the order placed by the customer and registered by our company. Any claim, regardless of its nature, relating to the delivered service, will only be accepted by our company if it is made in writing, by registered letter with acknowledgment of receipt, within 8 days. It is the responsibility of <\/p>

The buyer is responsible for providing all necessary justifications regarding the existence of any defects found. If, after deployment, a defect is indeed confirmed by our company or its representative, the client may only request that our company rectify the situation in accordance with the ordered service, without being entitled to any compensation or cancellation of the order. Unconditional acceptance of the ordered services by the client covers any apparent defects and\/or missing items. Any reservations must be confirmed by registered letter with acknowledgment of receipt within 3 days.<\/p>

A claim made by the purchaser under the conditions and in accordance with the procedures described in this article does not suspend payment by the customer. In the event of non-payment in full of an <\/p>

If an invoice has become due, and after a formal notice has remained unheeded for 48 hours, our company reserves the right to suspend all assistance to its services and\/or to future services.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 5: Price<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Our prices are fixed by quote. They are always exclusive of tax. The price may be increased if, during the execution of a long-term contract or the renewal of maintenance, the increase in consumer prices in the affected areas were to rise by more than 2%. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 6 <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Payment Terms: All orders we agree to fulfill are subject to the condition that the customer provides sufficient financial guarantees and will pay<\/p>

Indeed, the sums due on their due date, in accordance with the law. Also, if our company has serious or particular reasons to fear payment difficulties on the part of the customer on the date of the order, or subsequently, or if the customer does not present the same guarantees as on the date of acceptance of the order, our company may make acceptance of the order or the continuation of its execution conditional upon cash payment or the provision, by the customer, of guarantees in favor of our company. <\/p>

Our company will also have the right, before accepting any order, as well as during execution, to require the client to provide its accounting documents, and in particular its profit and loss statements, even projected ones, allowing it to assess its solvency.<\/p>

In the event of refusal by the customer to pay in cash, without the latter offering any sufficient guarantee, our company may refuse to honor the order(s) placed and to deliver the goods concerned, without the customer being able to argue an unjustified refusal to sell, or claim any compensation.<\/p>

In accordance with the law on the modernization of the economy of August 4, 2008, the settlement of sums due may not exceed 45 days end of month or 60 days from the date of issue of the invoice.<\/p>

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Our invoices are payable on the due date shown on the invoice, by check or bank transfer.<\/p>

Subject to a derogation by accepted LCR or BO statement and sent within 10 days of receipt of the invoice<\/p>

Only the actual collection of BO or LCR will be considered as constituting full payment within the meaning of these general terms and conditions of sale.<\/p>

In the event that a customer places an order with our company without having paid for the previous order(s), our company may refuse to fulfill the order and deliver the goods in question, without the customer being entitled to any compensation whatsoever, for any reason whatsoever.<\/p>

Any sum not paid by the due date will incur penalties payable by the customer as set out in<\/p>

three and a half times the legal interest rate. These penalties are automatically due and will be debited from the client’s account. <\/p>

Furthermore, our company reserves the right to take legal action to compel the court to cease this non-performance, subject to a daily penalty for each day of delay.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 7 - Retention of Title<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(As stated on our invoices and in accordance with Law No. 80-335 of May 12, 1980 amending and<\/p>

(Supplementing Articles 2, 3, 4, 59, and 65 of Law No. 67-563 of July 13, 1967) Ownership of our services remains with us until full payment of the price by the client, including principal and any additional charges, even if payment terms have been granted. Any conflicting clause, particularly one included in the client’s general terms and conditions of purchase, is deemed null and void, in accordance with Article L. 624-16 of the French Commercial Code. By express agreement, our company may exercise its rights under this retention of title clause for any of its outstanding receivables, against all services in the client’s possession, which are presumed by agreement to be those for which payment is outstanding, and our company may reclaim them as compensation for all its losses. <\/p>

unpaid invoices, without prejudice to its right to terminate current sales. The client may not resell its services without the express consent of our company. In the event of the commencement of receivership or liquidation proceedings, all pending orders will be automatically cancelled. From the moment of delivery, the buyer is considered the bailee and custodian of said services. In the event of non-payment, and unless we prefer to request <\/p>

the full and complete execution of the sale, we reserve the right to cancel the sale after formal notice and to claim the remaining costs to be borne by the buyer and the payments made being acquired by us as a penalty clause.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 8 <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Guarantee against apparent and hidden defects: The services must be verified by the client upon deployment, and any claim, reservation, or dispute relating to missing or apparent defects must be made under the conditions set forth in Article 4. In the event of apparent defects, updates will be made by us, subject to verification of the defects. <\/p>

alleged.<\/p>

The customer must provide all necessary justification regarding the existence of the defects found; our company will<\/p>

reserving the right to conduct, directly or indirectly, any on-site investigation and verification. Reporting of defects existing at the time of deployment, and revealed after the <\/p>

Upon receipt of the service, the client must submit their complaint in writing within 3 days of the following<\/p>

<\/p>

the date on which the non-conformity was discovered. No claim will be considered if it is made more than 15 clear days after commissioning. It is expressly agreed by the customer’s acceptance of these general terms and conditions of sale that after <\/p>

Upon expiry of this period, the customer may not invoke the non-conformity of the products, nor raise this as a counterclaim in defense against any debt recovery action.<\/p>

claims incurred by our company. Failure to comply with these conditions will preclude our company from being held liable to the client for any latent defect. <\/p>

Our company guarantees its services against hidden defects, in accordance with the law, customs, jurisprudence, and under the following conditions.<\/p>

Our guarantee only applies to services that have legally become the property of<\/p>

the buyer. It only applies to services entirely developed by our company. It is excluded if other manipulations have been used under conditions of use or performance not intended. <\/p>

Our warranty only covers hidden defects. Since our clients are professionals, <\/p>

An anomaly is understood to be a manufacturing defect that could not have been detected by the buyer before use. A development defect is not a hidden defect, and our clients are deemed to have received all technical information relating to our services. <\/p>

We do not cover damages resulting from abnormal use unless such use was carried out under our supervision.<\/p>

Our guarantee is limited to our service.<\/p>

Our warranty is limited to the first twelve months of use. In any event, our customers <\/p>

They must provide proof of the start date of use. Our warranty automatically expires at the end of this period. <\/p>

Our guarantee automatically ceases if our client has not notified us of the difficulties.<\/p>

alleged within 20 clear days of its discovery. It is incumbent upon him to prove the day of this discovery. <\/p>

Our warranty conditions are automatically renewed as soon as the customer subscribes to the maintenance service.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 9: Force majeure<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered force majeure or fortuitous events, insofar as their occurrence makes the performance of obligations totally impossible.<\/p>

The following are considered force majeure or fortuitous events that release our company from its obligation to deliver within the initially agreed timeframe: strikes affecting all or part of the<\/p>

personnel of our company, fire, flood, war, acts of terrorism, stoppages due to unforeseen breakdowns, epidemics, thaw barriers, road blockades, strike or disruption of EDF-GDF supply, or disruption of supply for a cause not attributable to our company, as well as any other cause generated by these events.<\/p>

In such circumstances, our company will notify the client in writing, including by fax or email, within 24 hours of the date of the event, the contract binding<\/p>

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our company and the client are then automatically suspended without compensation, from the date of the event.<\/p>

If the event were to last more than 30 days from the date of its occurrence, the sales contract concluded between our company and its client could be terminated by the most diligent party, without either party being able to claim damages.<\/p>

This termination will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing the said sales contract.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 10 <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Jurisdiction. Our company elects domicile at its registered office. Any dispute concerning the application, interpretation, or performance of these general terms and conditions of sale, or concerning sales contracts concluded by our company, or the payment of the price, shall be brought before the Commercial Court of the jurisdiction where our company’s registered office is located, namely the Commercial Court of Evry, regardless of the place of the order, delivery, or payment, the method of payment, or even in the event of a third-party claim or multiple defendants. Bills of exchange do not constitute a novation or a derogation from this jurisdiction clause. This jurisdiction clause is general and applies to all claims, whether principal, incidental, substantive, or summary. Furthermore, in the event of legal action or any other action… <\/p>

debt collection by our company, the costs of formal notices, legal fees, as well as the<\/p>

Lawyer and bailiff fees, and all related costs will be borne by the defaulting client, as well as costs related to or arising from the client’s failure to comply with the payment or delivery conditions of the order in question.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 11: Waiver<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The fact that our company does not invoke any of the clauses herein at any given time shall not constitute a waiver of its right to invoke those same clauses at a later date.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 12: Applicable Law<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Any question relating to these general terms and conditions of sale and to the sales they govern, which is not dealt with by these contractual stipulations, shall be governed by French law to the exclusion of any other law, and, as a supplementary measure, by the Vienna Convention on the International Sale of Goods.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

General conditions of sale Article 1: Purpose and Scope of Application Any order for services implies the buyer’s unreserved acceptance of and full adherence to these general terms and conditions of sale, which prevail over any other document from the buyer, and in particular over any purchase conditions, unless otherwise expressly agreed to in writing […]<\/p>\n","protected":false},"author":14,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-17168","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nGeneral conditions of sale - Ezway Technology<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/ezway-technology.com\/en\/general-conditions-of-sale\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"General conditions of sale - 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