General Terms and Conditions of Sale PlastiService France

1 GENERAL PROVISIONS

The purpose of these general terms and conditions of sale is to define the contractual conditions applicable to all orders placed with our company. Placing this order implies full and complete acceptance of these general terms and conditions of sale, excluding the customer's general terms and conditions of purchase. These general terms and conditions of sale may be adapted within the framework of "special conditions" which must be expressly validated by our company.

2 OFFER AND ORDER

Any order will result in the issue by our company of a valid price offer, for 1 (one) week after its issue unless otherwise stipulated by our company. Any modification of an order must be the subject of a new request and will result in the issue of a new price offer. Our company is at the disposal of the buyer to carry out all studies and recommendations and to cost them. In this context, the buyer undertakes to express in the clearest and most exhaustive manner his needs and constraints. He will have an essential role in identifying the objective to be achieved, arbitrating the choices, both on the technical level and on the functional aspects. He undertakes to provide us with the information, documents and means necessary to understand his expectations. Our recommendations are based on our experience and the technical data communicated by the buyer, our company does not replace a design office. When the buyer has defined his needs himself, without requesting the assistance of the company, he will be fully responsible for his choices without being able to seek the responsibility of our company. The cancellation of the order, deemed firm and irrevocable, after a period of 24 hours will result in the retention of any deposit paid, as well as the payment of a fixed penalty of 30% of the amount of the cancelled order or the payment of the full price if the order concerns a specific product. For any order less than €125 excluding VAT, a fixed sum of €8,75 may be charged for administrative costs.

3 PRICES AND PAYMENT CONDITIONS

Sales prices are in euros, excluding taxes and "ex-works" unless otherwise indicated and duly accepted by our company. Any request for a certificate of conformity (food grade, biocompatibility, mechanical and physical tests) and/or dimensional surveys must have been made when ordering and will be subject to specific invoicing based on the certificate requested. Unless otherwise stipulated, our invoices are payable in cash. Any invoice will be deemed to be fully due if the buyer has not contested it within one month of its issue.

In the event of non-payment on the due date, penalties equal to the half-yearly key rate (Refi rate) of the European Central Bank (ECB), in force on 1 January or 1 July depending on the date of the order, increased by 10 points. They will be applied from the day following the payment date shown on the invoice or, failing that, the 31st day following the date of receipt of the goods or the end of the performance of the service. Late payment penalties are payable without the need for a reminder. In application of Article D. 441-5 of the French Commercial Code, in the event of late payment, the debtor will automatically be liable to his creditor, in addition to the late payment penalties already provided for by law, for a fixed compensation for recovery costs of €40 without prejudice to other recovery costs incurred. Sales are made with retention of title. Until full payment, our company will therefore be the owner of the products sold and we may exercise the right of retention on all goods belonging to the buyer that are held by us for any reason whatsoever. We may exercise the right of recovery in the event of late or non-payment. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with article L524-16 of the French Commercial Code. Notwithstanding this retention of title, the risks relating to the products, including those of loss or destruction, are transferred to the buyer upon delivery.

4 DELIVERY

Delivery is deemed to have been made by the delivery of the products or their provision to the buyer or their carrier, in our warehouses. Where applicable, the actual place of delivery is indicated by the buyer in the order. The products will travel at the customer's risk, even in the case of free shipping, regardless of the means of transport used. It is up to the buyer, in the event of damage to the goods delivered or missing items, to make all necessary reservations with the carrier in accordance with the provisions of Article L 133-3 of the French Commercial Code, by registered letter with acknowledgement of receipt within 3 days of receipt. He must also notify us immediately, failing which the buyer is prohibited from exercising any recourse against us. The time taken to leave our warehouses is mentioned on the price offer. This time is given for information purposes only. It depends on stocks, supply, manufacturing and transport possibilities. It will be automatically suspended in the event of force majeure or any event beyond the company's control that may delay delivery. Any delay in relation to the indicative departure time from our warehouses may not justify termination of the order. Delivery delays may also not give rise to any penalty or compensation. Our company cannot be held liable for acts committed during transport, destruction, damage, loss or theft, even if it has chosen the carrier. If the buyer does not take delivery on the agreed date, after a formal notice has remained without effect for 8 days, the sale will be automatically cancelled, the consequences of this cancellation being the responsibility of the buyer. Delivery will only be made if the buyer is up to date with his obligations of any kind towards our company. The quantities of deliverable products will be defined in the price offer and the order. However, due to the vagaries of manufacturing large series or injected parts in particular, the buyer accepts that our company may deliver more or less than the quantity specified in the order within the limit, unless otherwise agreed in advance and in writing, of plus or minus 10%. Any quantitative dispute may only be validly taken into account if it is formulated within a maximum period of 48 hours from delivery.

5 WARRANTY – LIABILITY

Without prejudice to the provisions to be taken by the buyer with respect to the carrier as described in Article 4, in the event of apparent defects or missing items, any claim, whatever its nature, relating to the products delivered will only be accepted by our company if it is made in writing, by registered letter with acknowledgement of receipt within 3 days of receipt. It is up to the buyer to provide all the justifications as to the reality of the defects, non-conformities or missing items noted. Our company will have the possibility of checking the products on site or requesting their return. Under no circumstances may the return be decided unilaterally by the buyer. No return will be possible for cut products. After agreement on the reality of the defects, our company will only be required to replace the products considered to be defective without the buyer being able to claim any other compensation, of any nature whatsoever, such as the administrative processing of the non-conformity, productivity losses, handling costs, etc. Our company cannot be held responsible for a fault in assembly or a modification of the product carried out by the buyer. No claim will be possible if the buyer or a third party has attempted to remedy a possible non-conformity of the product without our agreement. The costs and risks of returning products presumed to be defective will be borne by the buyer unless otherwise agreed in advance. In the current state of the art, dimensional variations or other variations are almost inevitable. The "standard" tolerance rules applied in the field of plastics processing defined by ISO and NF standards will therefore be applicable to any order. The buyer will not be able to challenge the non-conformity of the products supplied if these products are within the agreed "standard" tolerance rules. Our company has the necessary resources to carry out the services entrusted. However, by placing an order, the buyer irrevocably accepts that for reasons of planning and/or internal organization, it will be carried out, in whole or in part, by a subcontractor. The sale of the product does not give the customer any property rights over the use of the execution plans and technical descriptions drawn up by our company, which retains an exclusive material and intellectual property right over these documents. If the buyer obtains a copy of the execution plans or technical descriptions, he undertakes, under penalty of prosecution, to ensure their confidentiality with regard to any third party, not to disclose them to any person or in any form whatsoever and not to use them for personal and/or commercial purposes, unless otherwise agreed in writing by our company.

6 LEGISLATION – DISPUTE

These general terms and conditions of sale and the sales and purchase transactions resulting from them are governed by French law. Any dispute will be brought before the Commercial Court of LILLE METROPOLE, even in the event of a warranty claim or multiple defendants. The attribution of jurisdiction is general and applies, whether it is a principal claim, an incidental claim, an action on the merits or an interim relief. In the event of legal action or any other action for debt recovery by our company, the costs of summons, justice, as well as lawyer and bailiff fees, and all additional costs will be borne by the offending buyer, as well as costs related to or arising from the customer's failure to comply with the payment or delivery conditions of the order in question. The buyer authorizes our company to use his contact details to send him our newsletter or emails presenting our products related to his activity. Access to this data will be strictly limited to our company's staff, without exploitation or resale of this data to a third party. Our company undertakes to comply with the legislation on personal data, in particular the General Data Protection Regulation No. 2016/679 of April 27, 2016. If the buyer no longer wishes to receive commercial information from our company, he must inform us. He may request a rectification of the data concerning him. PLASTISERVICE has a data management and processing policy that can be consulted on its website www.plastiservice.com.