Advertiser's Terms And Conditions
Broad And Better TV
("BBTV") : SALES TERMS AND CONDITIONS
Article 1 : PURPOSE
These terms and
conditions define BBTV's rights and duties, and those of its clients, as far as
the following is concerned : broadcast equipment sales, services and consulting
actions, as well as other sales and business actions that fall within BBTV's
company status. BBTV and its clients commit to abide by these terms and
conditions.
Article 2 : PRICE
Sales prices are expressed
in Euros and before French Value Added Tax (that applies to French clients and
to clients that do not have an European VAT number, e.g. private persons,
associations and NGOs). BBTV may alter its prices at any time, but commits to
invoice products and services at the given price stated in its proforma invoice
and accepted as such by the client, except in the case where the delay between client's
order and its payment is long enough to imply alterations to BBTV's own
purchasing prices, BBTV having here to prove its cliams to the client.
Article 3 : PAYMENT TERMS
Settling one's order
can be done by bank transfer or with a certified bank cheque. The order is considered
valid once an instalment of 30% of the overall order value has been paid, the
remainder having to be paid within 30 days of the invoice date.
Article 5 : PAYMENT DEFAULT
In case of partial or
complete absence of payment of the product and/or services invoiced, the client
has to pay BBTV the remainder amount and also the standard interest rate in
France at the time of reception of products and/or performance of services
invoiced. This interest rate is based on the before VAT value and does not
require a writ to apply.
Article 6 : NON PAYMENT
If the payment is not
entirely settled within 30 days after the invoice date, the sale may be considered
void and BBTV will be entitled to claim damages.
Article 7 : OWNER SHIP RESERVE
Ownership to all
above detailed produtcs remains with Broad & Better until full and final payment
of the invoice has been received. Products are at the risk of the Client from
the time they are delivered of collected by the client or their transport company,
at which point products must be checked and signed for by the client. Any issue
regarding the products must be raised by the client on delivery by BBTV.
Damaged products must be returned by the Client to BBTV for inspection at the
client's expense.
Article 8 : LIMIT OF LIABILITY
The equipment sold by
BBTV to its client may come with the manufacturer's warranty as defined in
BBTV's invoice. The possible failure of the manufacturer to fulfill the terms
of its warranty, whatever might be the cause (e.g. neglect) can not imply
BBTV's liability, inter alia in the following situations : loss of profits,
loss of exploitation, loss or destruction of data, that can affect the client
because of the non execution of the warranty's terms.
Article 9 : DELIVERY
Delivery is done by
the handling of the product(s) to the client, or by the pick-up of the product(s)
in BBTV's premises by the client or their transport company. Delivery delays
are given as indications by BBTV at the time of order and cannot be liable to
claims of damages by the client in the case they are not respected, or be a
reason for cancelling the order. Transport is at the client's risk. In case of
lack of delivery or partial or complete destruction during transport, the
client must formally express reserves when receiving the products and confirm
these reserves within 5 days of reception.
Article 10 : FORCE MAJEURE
BBTV's liability
cannot be engaged if the non delivery or delay in the excution of BBTV's commitment
as expressed in these terms and conditions is caused by force majeure. Force
majeure entails any exterior, unexpected event as expressed in the Article 1148
of the French Code Civil. Are contractually accepted as force majeure :
strikes, embargos, public authority decisions beyond the reach of BBTV, natural
cataclysms, etc. Internet and fixed or mobile phone networks failure can be
construed as being a
force majeure event.
Broad And Better TV sarl
183, Avenue de choisy, 75013 Paris, France
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