INTERNATIONAL SALES AND GUARANTEE TERMS


I - GENERALITIES

All orders have to be sent to :

MANO MEDICAL
Z.A. des Alleux
Rue du Noroit
22100 Taden - France

By placing an order, the purchaser admits subscribing to MANO MEDICAL general sales terms and is obliged consequently to respect them without any reserve. Any clause mentioned on purchase orders or on any documents issued by our customers can not cancel or modify our general sales terms, excepting if a written agreement has been issued by MANO MEDICAL. Any verbal order could be taken into account only after reception of a purchase order. MANO MEDICAL has the right to modify its products without previous notice (shapes, material, dimensions, etc.) and, in no case, will be able to provide products with the old specifications. If one of the clauses mentioned below proved to be null or cancelled, the other conditions would not be assigned and would continue to take effect.

II - PRICING

Except special mention, for goods sold in Europe all the prices are in Euros, VAT free. For goods sold in the USA and the Pacific Rim Area, all the prices are in US dollars, VAT free. In the event of a sudden modification of the prices of the raw materials or payment of the labour, we reserve ourselves the right to modify our prices without notice.
The prices applied on each sale are the ones mentioned in our price-list in force at the delivery date except precise written mention.

III - INVOICES

Invoices are issued the day of the shipment of the goods to the customer or the carrier. Except special exemption, our goods have to be paid at reception, net and without discount.
The place of payment is the registered office of MANO MEDICAL- ZA de Bel Air - 22100 QUEVERT.

IV - PAYMENT TERMS

Our invoices have to be paid according to the payment terms mentioned on our invoices, namely:


- For the sales abroad, the payment must be the subject of a banking guarantee on behalf of a French bank before any delivery
- Payments by check are not accepted for international sales
- The payments must be carried out by wire transfer or SWIFT to
:

SARL MANO MEDICAL
Bank : Crédit Agricole Mutuel des Côtes d’Armor - Ploufragan -
SWIFT : AGRIFRPP 822 FRANCE

Whatever the reason, payment terms can not be delayed. (Even litigious or partial delivery involving a partial invoicing). Each emitted bill of exchange has to be returned to us accepted or not under 48h (art.125 of the French Trade Code). MANO MEDICAL has the right to request the customer a down payment before executing an order. Any delay of payment involves automatically the current liability of post interests at the rate of 10% per annum, the payment of all the invoices in account, which are due or not, and the immediate cancellation of a possible credit customer.

V - RESERVE OF PROPERTY

According to the law n° 80.335 of May 12th 1980 (J.O of May 12/13th 1980), the sold goods remain our property until integral payment of the price which only operates the transfer of property.

VI – DELIVERY TERMS

The deliveries are Ex-works with standard packing. Our goods travel to the expenses and risks of the customer for all freights costs conditions. The customer must inform MANO MEDICAL of any problem occurring with the carrier and must insure himself against damages, losses or thefts which could occur during transportation.

In the event of a DDP shipment, MANO MEDICAL has the possibility to choose the carrier. Any delivery time is given as an indication and could not engage the responsibility for MANO MEDICAL.

Average times of delivery (not contractual):
* For Europe, U.S.A. and Canada : 3 weeks
* Other countries: To determine at each order

VII - FREIGHT

On request of the customer, express deliveries are possible. In this case, the overcost compared to a standard delivery will be completely invoiced to the customer. Express deliveries made by MANO MEDICAL or by the carrier of the customer can be automatically carried out as DDP shipment.

VIII - CANCELLATION AND EXCHANGE OF THE GOODS

No order can be cancelled without a written agreement of MANO MEDICAL. No product can be exchanged without a prior written agreement. The reception of the returned goods can not be considered as an agreement from MANO MEDICAL.

IX - COMPLAINTS

No complaint relating to a delivery could be taken into account beyond a 7 working days delay, date of delivery of the goods.

X – PENALTY CLAUSES

They are accepted only after a written agreement from MANO MEDICAL or its representative.

XI - CONTESTING

The ability is reserved to the Commercial court of DINAN – France which will be the only one qualified to know any dispute between the parts, even in the event of a call in guarantee or of plurality of defendants.


XII - GUARANTEE

Our products are guaranteed against any manufacturing problem during 1 year, starting from the date of invoice issued by MANO MEDICAL. If it is shown that a product is defective during the period of guarantee, this one will be exchanged or repaired at MANO MEDICAL’s charge.

This guarantee covers the parts and the labour in the conditions stipulated below. In the event of resale, only the first purchaser can benefit from this guarantee. No allowance, for any reason, can be claimed. The defective products must be sent back to us in its packing of origin – DDP shipment. (If this clause is not respected, this will automatically involve the cancellation of the guarantee).

In all cases, the following materials are not part of the guarantee :

· All the consumable products (List available on request).
· For all the materials : Break downs and damages occurring following a bad use (overpressures, overloads, shocks, etc…)
· If the use conditions are not respected on the products, MANO MEDICAL is free from any responsibility.