CONDITIONS FOR SALE
ARTICLE 1: SCOPE OF APPLICATION
These General Conditions of Sale, which can be revised at any time, apply to all orders
passed to our site DATALOGGER.LU, from the company AXOLIA SA located at 8 rue de Luxembourg – FRISANGE
registered in the Luxembourg Trade Register under the number B129036, directly on our website
internet.
Any order accepted by our company, as well as any contract entered into with it, necessarily implies
as an essential condition, the full acceptance of these general conditions which complement the
any special conditions contained in our offers, purchase orders and contracts.
The buyer acknowledges that our offers, purchase orders and contracts, as well as these general conditions,
constitute the full text of the agreement between the parties and replace or cancel any proposal and/or other
Written earlier.
These general conditions prevail over all terms, conditions of purchase (general or particular),
as well as any indication given on documents issued by the purchaser, regardless of when they are
have been addressed or brought to our knowledge.
The conditions emanating from the buyer which would be in contradiction with our own general conditions do not
so don't engage us unless they are accepted in express terms. Our agreement can never be
deduced from the circumstance that we would have agreed to deal with the buyer without contesting the stipulations of
documents issued by him.
The fact that we are not implementing one or other clause in our favour
the fact that we exceptionally agree to derogate from it, cannot be interpreted by
the buyer as a waiver on our part to take advantage of it at a later date. If one or more of the
clauses of these general conditions had to be declared null, the other provisions would remain
application.
ARTICLE 2: ORDERS
The buyer is bound by the terms used in the order that he passes to us (directly or through the intermediary of
of our representatives or agents). However, it does not bind us and the contract is formed only after acceptance of
this order, which comes by written confirmation from us.
Any modification of the order requested by the purchaser subsequently upon acceptance cannot be taken
in consideration only if it reaches us in writing and binds us only from the moment it is accepted
in accordance with the procedure for accepting orders.
ARTICLE 3: OFFERS, RECOMMENDATIONS AND USE
a. Offers: All our offers are non-binding. They are valid for one month from the date of issue, except
otherwise specified in the offer.
b. Recommendations: Unless otherwise agreed in writing, any recommendations we make at the time
the sale and/or delivery of our products are made, in general and therefore for information purposes, in
the most common use of the products concerned, in particular, in the light of the information
the buyer has communicated to us in writing.
In either case, these recommendations cannot involve our responsibility, and it is up to the
the buyer, as a last resort, should check the suitability of the use for which it is intended our products.
Otherwise, our company cannot bear any liability relating to direct or indirect damages which
could result from misuse of our products in a framework other than defined in the specifications
and . In this respect, late written information is treated as a lack of information.
c. Specific or inadequate use not reported: Descriptions and statements of our products,
whether they relate to their functionality, behaviour or performance, are only for the most
of these products, under normal conditions of use and climate or in
more specific conditions which have been informed by the buyer in advance and in writing.
ARTICLE 4: PRICES
Unless otherwise stated, our prices are always mentioned all taxes included. They are established by holding
account of the economic conditions existing on the date of publication of our offers and/or our confirmations of
command.
Our prices are therefore likely to be revised, without notice, at the latest at the time of
order confirmation, depending on the variation (depending on our will) of the following parameters,
which alter our real costs: higher wages, higher energy prices, higher prices for energy
materials (such as plastic) or raw materials, an increase in transport costs, etc.
Where possible, any price revision and its causes shall be brought to the attention of the
the purchaser at the latest at the time of the order confirmation and, to the extent possible,
prior to such review.
The prices and information relating to our products mentioned in our catalogues, leaflets and tariffs are
for information only. We reserve the right to make any changes to it (in particular as regards
the layout, shape, size, weight, material, etc. of products) without this being possible
give rise to any claim or price reduction whatsoever.
ARTICLE 5: SHIPPING - TRANSPORT
a. Prices are calculated for equipment supplied from our facilities. Unless otherwise provided
accepted by us in express terms, the goods always travel at the risk of the customer from the
departure from our stores, even if the means of transport belong to us and even if the supply takes place
franco. Shipments by express parcel or outside Luxembourg are the responsibility of the customer as well as any
other transport, insurance, customs, special packaging, etc.
b. Unless otherwise provided in writing, our delivery times for goods and time limits for carrying out work shall not
are not imperative. No order may be unilaterally cancelled by the purchaser on account of no
compliance with the delivery or execution deadline without our company being notified and
new delivery date has been agreed in writing. No delay in delivery or execution
may justify a claim for damages. The agreed deadlines are also suspended automatically
by any event beyond our control which has the consequence of delaying delivery or execution,
for all the time this event will last.
c. In case of force majeure or accidental or unpredictable delay in deliveries or defective delivery
of our suppliers, we reserve the possibility of cancelling or suspending partially or totally
implementation of our commitments without compensation. In this case, we will inform our customer directly. The
war, mobilization, blockade, partial or total strikes, lockout, riots, epidemics, machine break, fire,
explosion, interruption in means of transport, computer problem or other accidents which
would intervene either at home or at our suppliers and which would prevent or hinder the manufacture
work or shipping are considered conventionally as a case of force majeure.
d. We reserve the right to make and invoice partial deliveries.
If the customer does not withdraw the goods or refuse to ship them after the expiry of the delivery period (that
date agreed upon at the time of confirmation of the order or later), the goods will be
stored in our facilities at its disposal, at its own expense and at its own risk. The goods to him
will be fully invoiced unless otherwise agreed in writing.
ARTICLE 6: GUARANTEE
Our warranty, fixed at a period of one (1) year from the date of delivery, is strictly limited to the
goods and does not extend to the equipment in which the goods will be integrated or to the performance of
this equipment. Our obligation can only have the effect of repairing or replacing all or part of
of the goods as soon as we find by our care the failure of it. If a claim is recognized
justified our warranty is limited to that fixed by the manufacturer or the standard.
The defective parts replaced for free are made available to us and become our property again.
The guarantee is excluded:
- In the event of a defect or defect arising either from the materials supplied by the customer or from a design imposed by
this one,
- In case of damage or accident caused by transport or resulting from negligence, defect
installation, monitoring or maintenance by the customer or by a third party,
- In case of use, installation or storage of the goods under abnormal or non-abnormal conditions
conforming to our requirements or the rules of art,
- If the customer has made or has made changes, adjustments or repairs to the goods without
our express agreement,
- In the event of damage resulting from accidental, force majeure or fault of the customer or a third party.
The guarantee does not cover replacement or repair of parts which would result from normal wear and tear of the
goods.
ARTICLE 7: RESERVE OF PROPERTY
Our company remains the owner of the products until full payment of the related invoice. So we
can exercise a right of retention on all our products not yet delivered (as well as on any goods
the client would eventually have given us for the performance of a job) until full payment of these.
During this period, the buyer also undertakes to keep the products in such a way that they may be
identified as property of our society.
The buyer is required to take all necessary measures to preserve the remaining property
ownership pursuant to this article. In case of non-payment within the conventional period, we
this retention-of-title clause will be available to us eight days after the sending of a deposit
payment, by registered letter with acknowledgement of receipt, addressed to the buyer and remained ineffective.
The goods should then be returned to us immediately at the expense, risk and peril of the buyer who
undertakes to inform our company of the location of the products and to give them, without restriction, access
to our agents, so that they can repossess our property.
In the event of bankruptcy, judicial reorganization or seizure or any other judicial measure
on our unpaid products, the buyer will immediately notify the curator, bailiff or the
the existence of this ownership clause.
ARTICLE 8: CLAIMS
a. In all cases, the customer will provide us with the number(s) of the item(s), the note number(s)
delivery on which our entire internal traceability system is based. If not, we will
we reserve the right to refuse any claim.
b. No goods can be returned to us without prior written agreement from us. All back
will be under the sole responsibility and at the expense of the client. Any non-current goods, especially
ordered for a customer will not be taken over.
c. The customer is solely responsible for the assembly and operating capacity of the products, even if he received
recommendations during development, unless we have given him a written guarantee
corresponding.
d. All claims relating to errors, breaches, non-compliances, visible damage
or apparent defects must be notified in writing to the head office of our company at the latest in the
eight working days after delivery. If this period is not respected, the buyer loses the benefit of the guarantee
article 6. All claims for hidden defects or defects must be notified
in writing at the registered office of our company no later than eight days after their discovery or after the time
where the buyer should reasonably have discovered them. If this period is not respected, the buyer loses the benefit of
the guarantee stipulated in article 6. In any event, no claims relating to defects or defects
no longer may be introduced beyond the expiry of the guarantee period provided for in article 6.
e. If the claim is filed within the time limit and proves to be valid, our obligations will be limited:
errors or non-conformities: to replace goods supplied by error or non-conformity - In
missing goods: on delivery of the goods - In case of damage or defect that we are
due to: our choice, either to repair or to replacement of damaged goods or
defective in the condition of completion provided for in the contract excluding any other compensation for any cause
whatever. In no case shall we cover any direct intangible damage and/or financial loss
or indirect. The fulfilment of our obligations as listed above is subject to restitution by the
customer of goods delivered by mistake, non-compliant, damaged or defective. Our replacement
will be limited to the proportion of return. In the above cases and conditions, we shall only intervene to
the costs incurred by the customer following a prior and written agreement from us.
f. If the buyer makes improper use of our products, does not comply with the rules of art during assembly, does not
does not comply with our possible recommendations and technical instructions for mounting or
he loses the right to the guarantee provided for in article 6 of these General Conditions of Sale.
g. Upon receipt, in case of error on our part concerning the quantity or model on the basis of the order form,
we will take over or exchange the goods at our expense.
ARTICLE 9: PAYMENT CONDITIONS AND DEFIT
a. All payments due to us are supposed to be made at the headquarters of our company. All our
invoices are payable in cash and without discount in our account unless agreed
otherwise in writing between the parties. The terms of payment may not be delayed or modified for
any cause, even in case of dispute, claim or appeal as security. Cash receipts
in the first half of the year, the number of sales will be reduced. However, we reserve the right to demand, without further
the advance payment of all or part of the price of the consignments.
b. Deficiencies: failure to pay, whether or not partial to an invoice or trade effect at maturity, has the effect of
result that:
1. All other unliquidated, due or unmatured claims shall immediately become due ;
2. All discounts and payment facilities granted by us become obsolete ;
3. Any delay in payment shall automatically and without formal notice entail the application of interest on late payment to
the rate of 12 % per annum and the exigibility of a penal clause equal to 15 % of the amount outstanding in principal, with
a minimum of 50€.
4. We have the right, without prior notice or judicial intervention, to consider the contract(s)
in progress as fully or partially resolved to the client's wrongs or partially suspended or
full implementation.
c. Credit limitation: The amount of the invoice may be increased by a 2% lump sum which will be payable when
the payment comes to us after the due date.
d. Compensation: Compensation for debts and debts arising from mutual sales is full
right by the sole force of the law itself to the knowledge of the debtor. (C.C. articles 1289 et seq.).
ARTICLE 10: INTELLECTUAL AND INDUSTRIAL PROPERTY
Products manufactured in our factories are subject to intellectual property rights (copyright, trademarks,
designs, designs, patents) and incorporate know-how that is protected. Our company is the sole owner and
the buyer undertakes to respect them and to inform us without delay of any infringement that may occur.
In particular, the buyer forbids any use of our intellectual property rights without
prior and written agreement from us. Any studies, plans and documents submitted to the purchaser shall remain
our property and are confidential. The buyer cannot use them outside our agreements
it agrees to take all appropriate measures to this end.
ARTICLE 11: PLACE OF EXECUTION, APPLICABLE LAW AND COMPETENT COURT
a. All obligations arising from our contracts are performed instead of our head office.
b. All our contracts are subject to Luxembourg law.
c. In the event of a dispute concerning the formation, interpretation or performance of our contracts, only the courts of the
the city of Luxembourg are competent to know.
ARTICLE 12: LANGUAGE
Only the General Conditions of Sale in French are decisive for any interpretation of the
formulations used. Translations into English or another language are made by the seller
only so that the buyer can understand those conditions.