Sales Conditions

1 - Preamble
These General Conditions apply to all cases except as modified by express agreement confirmed in writing both parties by representatives duly authorised.
2 - Contract Formation
The contract shall be deemed to have been intered into when ARF Test , upon receiving a purchase order :
- either issues a written notification of acceptance thereof,
- or carries out the relevant purchase order (delivering to Purchaser any of the material ordered of performing any of the services referred herein).
Purchaser may be required to provide supporting references or warranties. In such event, ARF Test shall be bound by such orders only with the availability of aforesaid warranties or supporting references.
Where import or export licences, authorisations from Currency Exchange Control Agencies or similar organisations are required for the performance of contract, the party being responsible for obtaining such licences or authorisations shall use its best efforts to obtain them in due time. If the required licences cannot be obtained, either party shall be entitled to regard the considered contract as never having been formed, provided, that such party informs promptly the other party hereto of its decision to terminate the transaction without delay.
3 - Packing
All wrapping, packing and boxing costs are included in the price specified in the relevant price schedules, for usual transportation by road, steamer or commercial airplane.
4 - Retention of ownership
The products delivered by ARF Test remain the property of ARF Test until they have been fully paid for and ARF Test will be entitled to have the Products removed from the Purchaser’s premises as long as they are not fully paid, no previous notice of action being required.
5 - Passing of risk
The goods shall be deemed to be sold “ex works”. On the sale “ex works”, the risk shall pass from ARF Test to the Purchaser when the goods have been placed at the disposal of the Purchaser provided that ARF Test RF gave the purchaser a written notice of the date on and after which the Purchaser may take delivery of the goods.
6 - Delivery terms
The delivery delay becomes effective from the date of the formation of the contract.
Delivery dates given prior to shipment are estimated only and though ARF Test undertakes to make its best efforts ship the products within the schedule delivery date, it shall not be held responsible for any damages arising from any delay of delivery regardless of the cause of the delay. All transportation charges, freight, insurance, shipping, storage, handling, demurrage or similar charges shall be paid for by the Purchaser.
7 - Acceptance of Goods
All complaints or claims for damages, shortage or losses should be filed through registered or certified mail notice by Purchaser with both ARF Test and the involved carrier within the 3 days following the reception of the goods by the purchaser. Such notices of claim should be accurately detailed and properly substantiated.
No return will be accepted unless authorised in writing by ARF Test. When accepted, any return of merchandise will induce a 15% handling fee calculated on the sale price which will be charged to the Purchaser.
8 - Warranties
For the purpose of replacing possible defective products supplied by ARF Test, Purchaser shall be entitled to substitute products up to a maximum amount of 1% of the supplied quantities in terms of product value.
If, for a single or more products, the percentage defective is found to be superior to the amount specified above, the Purchaser should be entitled to receive substitute products, In other words once ARF Test has determinated, to his satisfaction, that the alleged defects really exist.
The above warranty coverage is restricted to defects or failures, that would be experienced during the guarantee period, which is deemed to become effective from the time of passing of the risk of loss or damage, and to extend until the expiration of a 12 months period.
Obligations of ARF Test RF under aforesaid provisions are restricted to defects or failures that would be experienced using the products in compliance with the applicable conditions of use set forth herein and under regular field conditions of use. To be entitled to avail himself of the provisions set forth herein, Purchaser should notify ARF Test promptly in writing of the occurrence of such defects or failures. Regarding the goods returned to ARF Test pursuant to said warranty coverage, all freight charges and risks of loss or damage in transit are the Purchaser’s responsibility.
9 - Liability agreement
ARF Test shall not be required to pay any compensation whatsoever for injuries to any and all persons and/or for the loss and/or for property damages entirely or partly caused by the products furnished hereunder.
10 - Payment
All amounts due in connection with the sale of goods shall be paid before shipment by Swift bank transfer.
If Purchaser is past due in payment, ARF Test is entitled to discontinue the performance of its obligations hereunder until and unless the past due amounts shall have been paid, and to claim, by written notice served in due time to Purchaser , for the payment of an interest on overdue payment, effective with the due date that was not complied with, at rate of 10% pro year.
If the past due condition lasts for more than one month from the involved due date, now in such event, ARF Test shall be entitled, by the means of a registered letter, to terminate the contract and to demand from the Purchaser the payment of any and all amounts due and payable in connection with the goods supplied by it, the refunding of any and all appropriate costs and expenses incurred into by it on performing this contract, plus the payment of an interest in overdue payment at aforesaid rate of 10 % per year.
11 - Arbitration & governing law
The rights and obligations or the parties hereto shall be governed in all respects by the laws of France.
For all differences arising out of this contract, the only Court of competent juridiction shall be the Commercial Court of Grenoble.