Purpose
The purpose of these General Terms and Conditions of Sale (GTC) is to define the rights and obligations of Near Customer and its customers in the context of the provision of services, calibration, certification and sale of equipment.
Acceptance of the conditions
Any order placed with Near Customer implies unconditional acceptance of these General Terms and Conditions. They prevail over any other document of the customer, in particular its own conditions of purchase, unless otherwise agreed in writing
Order
Orders for services must be made in writing (mail, e-mail) or via the Near Customer website, if applicable. All orders must specify the services requested, the references of the equipment concerned, the quantities, and the desired deadline.
An order is only considered accepted after written confirmation from Near Customer
Prices
The prices of the services are indicated in euros excluding taxes (HT). The applicable VAT, as well as any other tax or duty, will be added at the time of invoicing in accordance with the regulations in force.
Travel and on-site intervention costs may be invoiced in addition, according to the terms specified in the quote.
Payment Terms
Payment of invoices is due within 30 days from the date of issue of the invoice, unless otherwise agreed on the quote or invoice.
Payment may be made by bank transfer or any other method accepted by Near Customer. In the event of late payment, penalties equal to 3 times the legal interest rate will be applied. A fixed compensation of 40 euros for recovery costs may also be required.
Delivery of services
The services are carried out within the deadlines agreed with the customer, subject to the availability of technicians and equipment. Near Customer will endeavour to meet the announced deadlines but cannot be held responsible for delays due to external causes (force majeure, equipment failure, etc.). The services will not be covered during public holidays (Christmas, New Year, Easter, etc.) and also 3 weeks of leave in the year (not modifiable, depending on the technician involved).
Customer Obligations
The customer undertakes to provide Near Customer with all the information necessary for the proper execution of the services (documents, right of access to the site, name of the contacts responsible for the mission, equipment references, equipment layout, specific conditions).
The customer must ensure that the equipment is available and is secure (risk of cohabitation, bacteriological risk, risk of contamination) throughout the duration of the intervention.
The customer undertakes to provide the technician intervening with secure conditions, in accordance with the safety standards in force. Any disruption of these conditions could result in a postponement or suspension of the services.
Guarantees and liability
Near Customer guarantees the quality and compliance of its services with the standards in force.
However, its liability cannot be incurred in the event of improper use of the equipment by the customer or failure to comply with the maintenance conditions by the latter. Near Customer cannot be held liable for indirect or consequential damages resulting from a defect in the equipment after intervention.
Complaints
Any complaint regarding the services provided must be made in writing within 7 days of the service. Beyond this period, the service will be considered accepted without reservation.
Force majeure
Near Customer cannot be held responsible for any failure to fulfill its contractual obligations in the event of force majeure (unforeseeable, irresistible events beyond the control of the parties), including but not limited to: fire, flood, strike, pandemic, or any other external event preventing the normal execution of services.
Confidentiality
Near Customer undertakes to preserve the confidentiality of the information provided by the customer in the context of the provision of services. This information will not be disclosed to third parties without the prior consent of the customer.
Disputes
These T&Cs are governed by Irish law. Any dispute relating to their interpretation or execution will be submitted to the competent courts of the registered office of Near Customer.
Changes to the T&Cs
Near Customer reserves the right to modify these T&Cs at any time. The new conditions will apply to any new order placed after their publication.
(On the date of : 17/11/2024 – Numbers: TC-SRV, Rev B)