Terms & Conditions
1-1 Unless there is a specifically written derogation, these general conditions of sale replace and cancel the previous general conditions of purchase. No exemption shall be granted to constitute novation.
1-2 Once accepted by Fastmag - ACE INFORMATIQUE, the customer order could be cancelled only with our consent and in conditions that we will be compensated for any damage/loss resulted from the cancellation, even in the case of a delay in delivery.
1-3 Unless otherwise specified agreed in writing, the characteristics of the proposed equipments are the ones listed on the specifications of the manufacturers.
1-4 Any possible claim relating to the sold merchandises must reach Fastmag. - ACE INFORMATIQUE within 3 days from the date of delivery. After this deadline, the merchandises are considered as definitively accepted.
1-5 All our quotations and our delivery notes, imply that the client acknowledges and accepts our terms of sale.
1-6 We reserve the right to use the name and the logo of your company unless notified otherwise in advance.
2. Transfer of ownership
2-1 In accordance with the Law No. 80335 of 12 May 1980 relating to the effects of retention of title clauses in sales contracts, Fastmag - ACE INFORMATIQUE reserves the ownership of the goods and / or equipment until full payment of the purchase price by the buyer. The risk of damage and loss will be transferred to the customer at the time of delivery. Any possible deposits and part payments made by the client will be retained as initial compensation, without prejudice to any other claims.
3-1 The delivery shall take effet from the date of the order and are only given as an estimate.
3-2 A delay in delivery may result in neither cancellation nor compensation, whatever the customer's purchase conditions.
4-1 Unless otherwise stated in the contract, the prices in our catalogues, brochures and price lists are subject to change without prior notice or obligation. Unless otherwise specified, the prices listed on our order confirmations are fixed and non-revisable. However, they may be adjusted up or down according to the currency fluctuation if the exchange rate between the euro and the currency of the country of origin was altered by more than 2.5% from the date of order registration and the date of Customs clearance.
4-2 Our invoices are payable, unless prior agreement: a deposit of 40% with the order, 60% to the provision, by Cheque, Credit Card, Bank Transfer, pre-authorized debit or cash.
4-3 A penalty of 1.5% per month will be applied to any payment delay beyond the deadline.
4-4 The default of payment of an invoice authorizes us to claim, after a simple notice via registered letter with acknowledgment of receipt, the immediate payment of all unpaid invoices (regardless of the fact they should not be due yet), the repayment of any collection costs and interest on late payment, as it suspends the deliveries. The default of payment also allows us to claim compensation of damages and penalty clause equal to 15% of the amounts due, in addition to the legal interests and the possible judicial expenses. Any amount owed by a customer who remain unpaid after the due date shall bear interest at the Bank of France raised by 2 points.
4-5 In accordance with the law of 31/12/92, this invoice must be paid on the due date below. A penalty of 1.5% per month will be applied to any delay payment beyond the deadline.
5. Provision of services :
5-1 Fastmag reserves the right to suspend access to its services, software or hosting in case of non-payment of bills.
6. Hardware Warranty
6-1 The products sold by Fastmag are guaranteed under the conditions specified by the manufacturer that will be provided to any customer who requests it. In all circumstances, this warranty is limited to the reparation or replacement of the defective product.
All customers are required to check the merchandise on arrival and eventually make the usual reservations, within eight working days, otherwise Fastmag will be automatically exempted from the responsibility.
No hardware return will be accepted without the prior approval of Fastmag.
The customer is responsible for the costs and risks of hardware returns.
6-2 The guarantee is not applicable in the cases of damage which are not directly related to the normal function of the device, such as damage caused by abnormal shocks, operating errors or modification made by the customer.
6-3 The deadlines of delivery and reparation are given only in good faith for guidance, and are not guaranteed. They will not be subject to any claim.
6-4 The reparation, modification or replacement of defective parts during the warranty period do not extend the original warranty period. Beyond the warranty period, no guarantee will be accepted.
6-5 We are not responsible for any modifications and reparations made without our written consent: as a consequence, this may suspend all hardware warranty clauses.
7. Package Guarantees
The packages are guaranteed by the publisher or distributor of software packages. Under no circumstance shall Fastmag - ACE INFORMATIQUE provide any guarantee regarding the software packages. The customer is informed that the packages are not exempted from defects or bugs. It is the responsibility of the client to sign a service contract for this purpose.
7-1 The contract of Fastmag - ACE INFORMATIQUE software package maintenance service, is exclusively by telephone and provided with unlimited access to our hotline. The maintenance of modem or the Internet is related to the possession by the client’s equipments and corresponding communications software. Our maintenance contract is concluded for a whole year, it is automatically renewed by tacit agreement for the same duration and at the current price rate.
The termination of the contract must be necessarily requested by mail three months before the anniversary date. The due payment of the maintenance contract is, unless otherwise agreed, payable in advance. In case of cancellation of the contract during the year, a repayment in proportion of the remaining months will be conducted within a qualifying period of 3 months calculated from the date of contract cancellation via the registered letter. The fact of the non-use of the hotline does not lead to any compensation, reimbursement or any kind of credit note .
7-2 The travelling of the technician for a hardware out of warranty or for a software problem, is still considered billable according to the current delivery schedule. A prior quotation specifying the nature of the intervention and the hourly fee or the global cost, validated by the customer will be considered as a final and definite order. Similarly, an intervention file validated by the customer will be irrevocable basis for billing.
8. Training FASTMAG - ACE INFORMATIQUE
During the corporate training, the customer agrees to facilitate the work of our trainers by providing materials and premises for their training courses. The duration of training is calculated on the basis of days of 7 hours, in case of absence or unavailability of trainees, equipment breakdown, or any other cause (except force majeure) that make it impossible to continue the training courses, Fastmag - ACE INFORMATIQUE reserves the right to consider the training session as billable. The cancellation or postponement of a training session should be informed by written consent at least 48 hours before the scheduled working day of the training courses.
8-1 The copyright of software and reproduction is in accordance with the laws No. 57-560 of July 3, 1985. The customer is forbidden to make any copies other than those authorized documents under the current legislation. In general, it prohibits any act that could undermine the rights of authors and their legal successors. The customer agrees to comply with the proper proprietary rights to the software packages that have been the subject of an order with Fastmag - ACE INFORMATIQUE.
8-2 No merchandise may be returned without the prior agreement of Fastmag - ACE INFORMATIQUE and should include the return number of Fastmag - ACE INFORMATIQUE. All products must be systematically returned complete in its packaging (Manuals, bases, cables, etc.)
9. Force majeure
9-1 Fastmag - ACE INFORMATIQUE will in no case be responsible for any failure to fulfill its contractual obligations due to causes beyond control including but not limited to the following events : internal or external strikes related to the transporter or all other public or private services, natural disasters, delay of our supply and any event which makes normal order execution impossible.
10-1 If any dispute should occur, only the Commercial Court of Paris has exclusive jurisdiction. The rights and obligations of the parties shall be governed by French law.