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Terms of Sale

Article 1 :     �� Definitions

�� PRODUCTS » :

The Medical Devices and Services that are marketed by ALKANTIS and featured in the current ALKANTIS catalog.

« ALKANTIS �� :

The ALKANTIS SA company, a limited liability company whose headquarters are located at 16 rue de Hesse – 1204 Geneva (Switzerland), registered with Geneva’s trade and companies register (num. 660.1.164.005-7), seller of PRODUCTS.

The ALKANTIS FRANCE SARL company, a limited liability company whose headquarters are located at 36 bis avenue du Général de Gaulle  – 69110 Sainte Foy Les Lyon (France), registered with Lyon’s trade and companies register (num. 518 570 965), seller of PRODUCTS.

« CLIENT » :

Any individual or legal entity that places an order with ALKANTIS, no matter whether the CLIENT is the end user and/or the recipient of the PRODUCTS.

« TERMS OF SALE » (hereafter�� Terms ») :

The following agreement between ALKANTIS and the CLIENT, whose purpose is to define the terms under which the CLIENT agrees to acquire the PRODUCTS according to the conditions described hereafter.

Article 2 :    ����  Application and enforceability of Terms of Sale

2.1                The act of ordering and/or accepting the ordered PRODUCTS is an implication of the CLIENT’S final, full and unconditional acceptance of the present terms of sale.

2.2 ��            ���� ALKANTIS’s currently applicable terms of sale are those that are available on the ALKANTIS website. The paper version of these terms of sale is only valid on the date they were printed on.

2.3                These terms of sale shall prevail over any conditions which may appear on any of the CLIENT’s correspondence or documents, and they are applicable worldwide.

Any contrary condition presented by the CLIENT will thus be, in the absence of express acceptance, unenforceable against ALKANTIS, regardless of when it may have been brought to its attention.

Any additions, erasures, modifications or deletions made in these terms of sale that do not bear ALKANTIS’s approval are null and void.

No special terms may prevail over the terms of sale unless otherwise specified by formal and written acceptance by ALKANTIS.

2.4 ��            �� The fact that ALKANTIS does not take advantage, at any given time, of any of these terms of sale is not to be construed as a waiver to exercise any of the said terms of sale at a later time.

In the event that specific agreements are made under contract between ALKANTIS and the CLIENT, these agreements may set aside certain provisions of these terms of sale, whose other provisions shall otherwise remain applicable.

Article 3 :       Orders

3.1       ��        Purchase orders for PRODUCTS are received by ALKANTIS by all means (letter sent to ALKANTIS’s headquarters or website: www.alkantis.com; e-mail: info@alkantis.fr; fax: +33 (0)4 82 62 60 21).

The sale is only deemed valid when written acceptance of each order is provided by ALKANTIS using any means available.

Any modification or cancellation of an order requested by the CLIENT can only be considered if it is received in writing by ALKANTIS no later than 8 calendar days prior to the shipment of the PRODUCTS.

3.2     ������     The benefit of the order is reserved for the CLIENT and can not be transferred without ALKANTIS’s prior consent.

3.3   ��       Check with ALKANTIS to obtain the current price

Article 4 :��      Shipment – Delivery ����� Reception

4.1      ������     ����   Responsibility for the goods is governed by the incoterm used.

Delivery is made by direct delivery of the PRODUCTS to the CLIENT in exchange for the CLIENT’s signature of a delivery receipt.

The CLIENT agrees to not delay receipt of the PRODUCTS.

Deliveries are only carried out subject to availability.

ALKANTIS is authorized to conduct total or partial deliveries.

4.2          The delivery times are only indicative and are based on ALKANTIS’s inventory and transport possibilities. Late deliveries can not lead to damages and interest, nor can they lead to a discount on the order.

ALKANTIS can not be held liable for a delay or a default of delivery (see incoterm used).

In any event, timely delivery can only take place if the CLIENT is up to date in its obligations to ALKANTIS.

ALKANTIS is released from its obligation to fulfill its orders in the event of force majeure circumstances that would render any delivery impossible.

The following cases are contractually treated as cases of force majeure, even if they do not meet the legal and jurisprudential definitions of force majeure (affecting ALKANTIS or its subcontractors): strikes, partial or total interruption of work, lock-outs, fires, temporary difficulties or the impossibility to import, total or partial interruption of the usual sources of supply of the raw materials and the energy required to fulfill production schedules

4.3        ����  It is the CLIENT’s responsibility to either report any reserves or observations of damage or loss on the delivery receipt, or otherwise report them by Registered Letter with Acknowledgment of Receipt to the carrier who made the delivery, within three business days following receipt of the PRODUCTS, in accordance with Commercial Law article L.133-3.

In the absence of such written notice or beyond this period of time, ALKANTIS can not be held liable and the PRODUCTS will be considered as being compliant in terms of quality and quantity and therefore they can not be returned or exchanged.

Notwithstanding the ownership reserve clause described below, all risks of loss and deterioration of the PRODUCTS sold, as well as the damages they could cause, are transferred to the CLIENT on the date that the PRODUCTS are delivered and in accordance with the incoterm used.

4.4 ��      ��  ALKANTIS retains full ownership of the PRODUCTS until full payment has been made for the price, related costs and taxes.

In the event that payment is not made by the due date or in the event that the CLIENT is subject to reorganization proceedings or liquidation, ALKANTIS reserves the right to request the return of the PRODUCTS by Registered Mail with Acknowledgment of Receipt according to the conditions described in sections 1599 and 2279 of the Civil Code.

Consequently, in the event that the PRODUCTS are returned, deposits paid by the CLIENT shall be retained definitively by ALKANTIS, and in the event of resale or if delivered products have already been used by the CLIENT, the CLIENT commits to paying to ALKANTIS, upon the first request, debt owed by the CLIENT equal to all amounts that are still unpaid.

These provisions do not obstruct the last paragraph of point 4.3 above.

Article 5��������:   ����������  Price

Check with ALKANTIS to obtain the currently applicable prices.

Article 6 :    ��  Payment ����� Late penalties

6.1   ��       An invoice will be made and supplied with each delivery. Invoices issued by ALKANTIS are to be paid by the due date specified on the invoice.

No discount is granted for early payment.

The invoice amounts can not be reduced by the CLIENT for sums that may be owed by ALKANTIS.

In no event may any claim by the CLIENT have the effect of delaying or suspending payments.

6.2   ��   ��  In the event of late payment, ALKANTIS may suspend all pending orders until full payment is made by the CLIENT for its outstanding amounts, without prejudice to any other course of action.

Any amount not paid by the due date indicated on each invoice automatically results in the application of late penalties calculated at the standard legal rate, which is the rate of funding applied by the European Central Bank increased by 7 points, and starting on the day following the due date provided.

All costs incurred for the recovery of the sums due by the CLIENT are at the CLIENT’s expense.

6.3   ������   ������   The negotiation of terms of payment is to be conducted on a personal basis. ALKANTIS therefore reserves the right to demand a cash payment for all outstanding invoices and for pending and future deliveries to any CLIENT whose shareholding changes thereby modify those who hold decision-making power at the CLIENT’s company.

6.4       ��   In the event that the CLIENT’s situation changes in any capacity whatsoever, or that an incident or late payment, or a legislative development occur, ALKANTIS shall have the option to modify the terms of payment granted or to request guarantees, for pending orders as well.

Article 7 :    ��  Guarantee – Claims related to quality

7.1  ��        ALKANTIS guarantees that the delivered PRODUCTS are compliant with current legislation and with the specifications stipulated in the furnished PRODUCT manuals, provided that the PRODUCTS’ storage and usage conditions have been respected pursuant to ALKANTIS’s instructions.

7.2           Any claims made regarding the quality of PRODUCTS delivered must be notified in writing to ALKANTIS as soon as possible. It is up to the CLIENT to provide any evidence regarding the reality of its claims.

Any possible questions regarding the quality of the PRODUCTS does not absolve the CLIENT from paying the price owed by the due date.

ALKANTIS will replace as soon as possible and at its expense the delivered PRODUCTS whose nonconformity has been duly proven by the CLIENT.

Article 8 :       Products returns

8.1       ��   All PRODUCT returns will be subject to a formal agreement by ALKANTIS. Following ALKANTIS’s agreement, the returned PRODUCTS must be accompanied by a return delivery slip previously supplied to the CLIENT by ALKANTIS and they must all be returned to ALKANTIS in the same condition that they were delivered to the CLIENT, unopened and kept in the original packaging.

8.2��         For PRODUCT returns, ALKANTIS reserves the right to apply a 25% discount (excl. taxes) to the value of the PRODUCTS (excl. taxes) as described above, with a 100-euro minimum (excl. taxes) as a penalty.

Article 9 :       Trademarks and industrial property rights

9.1           ALKANTIS and any distinguishing brands and names featured on the PRODUCTS are trademarks whose use is not licensed to the CLIENT under this contract.

These terms of sale do not imply a transfer of any patent license or any other industrial property rights or marketing and/or distribution rights from ALKANTIS for the benefit of the CLIENT regarding products sold. The CLIENT therefore agrees not to resell the products ordered from ALKANTIS unless such a resale is to a company belonging to the same group of companies (an equity link exists).

9.2 ����   ��    The CLIENT shall comply with all laws, regulations and/or directives relating to the use of the PRODUCTS.

Article 10 :     Scope and applicable law

These terms of sale are governed by French law. Any disputes relating to these terms of sale must be submitted to the Lyon Commercial Court (FRANCE).

Payments that are made using automatic debit from a bank or post office account, bills of exchange and checks do not constitute an exception to this assignment of jurisdiction.