Quartix, General Terms of Sale and Rental
General
These General Terms of Sale and Rental (“Terms”) shall apply to all orders for Products and/or Services sold, rented or supplied by Quartix SAS (“Quartix”) (registered on the PARIS commercial register by reference: RCS Paris 979 868 353) and shall supersede any terms and conditions that previously applied to such orders. If the Customer has not signed an order incorporating these Terms or accepted these Terms by “clicking to agree” them on the Quartix platform, the Customer shall be deemed to have accepted these Terms on payment of the first invoice to which these Terms are attached or which these Terms accompany in an invoicing email. Each order for Products and/or Services supplied by Quartix shall constitute a separate contract between the parties, subject in each case to these Terms and the term “Contract” shall be construed accordingly.
Consequently, unless a particular arrangement is made, the fact of issuing an order and accepting a contract implies the Customer’s full and unreserved acceptance of our Terms to the exclusion of any other document such as a brochure, a catalogue or GDPR Guideline, as these are intended only for purposes of general information.
For the purposes of this document, (i) the term “Product” covers any systems for the tracking of vehicles, terminals for such systems, antennae, cables or related equipment & accessories (including cameras and camera consumables), either specified on the order or otherwise provided to the Customer, (ii) the term “Services” covers any delivery, installation, repair, replacement or hosting of Products or the provision of data, reports or other information via whatsoever medium, either specified on the order or otherwise provided to the Customer, (iii) the term “SIM card” covers any module for identifying the subscriber as used in any one whatsoever of the Products, and (iv) the term “Customer” covers any company, any partnership, any association or any individual who/which negotiates any contract for purposes of purchasing or renting such Products or Services of Quartix for professional purposes only.
If any one of the provisions of our Terms should be found to be invalid or inapplicable by any competent Court or by any other competent authority, then the remaining clauses shall not be affected by such a judgement. The titles for the Sections of these Terms are used only for convenience of reference and organisation and shall not be used to modify, explain, or interpret any of the provisions of this Contract. Each of the parties agrees that the content of the order confirmation and these Terms (including terms expressly incorporated herein) represent the entirety of the agreement by which it is committed to the other party.
All notices relating to these Terms as issued by either of the parties must be sent in writing and addressed to the other party’s head office or place of business.
Should any part of the Terms be translated into a language other than French, this will be done for convenience only. To the extent that the meaning in the translated version differs from that of the French version, the French version shall prevail and be regarded as definitive for all purposes. Please see https://www.quartix.com/fr-fr/conditions-generales-de-vente-quartix/ for the latest French version.
Pricing; Payment terms
Price quotations are valid only if expressed in writing by Quartix, and exclusively for such quantities of Products and / or type of Services and for such periods as are indicated on Quartix’s estimate. Otherwise, the period of validity is 30 days.
Prices shall apply as specified in the order and are payable in euros and are subject to VAT and any other applicable taxes at the applicable rate. Quartix reserves the right to increase such prices on an annual basis as specified in this section.
Unless agreed otherwise on the order confirmation, on the contract or on the invoice from Quartix, the pricing for equipment and communications (rental or purchase) for the first quarter is payable in advance: upon acceptance of the contract. During the following quarters, Quartix will raise a quarterly invoice payable at 30 days as from its reception by direct debit, unless otherwise agreed in writing.
Payment must be available on the due date. No discount is applied by Quartix.
In the event of any failure to pay, persisting for 48 hours after a reminder to which no satisfactory response is given, the contract will be cancelled in law at the discretion of Quartix, and this will entail the obligation for the immediate return of any rented Products at the Customer’s risk and expense, without prejudice to the option of immediate foreclosure for the entirety of the instalments as yet to be paid by the end of the contract, together with any other applicable damages & interest.
The Customer may not apply any form of offset whatsoever and on whatsoever grounds.
Any amount which is not paid by its due date will place the Customer under obligation to pay fixed penalties at three times the statutory rate of interest (or 4%, whichever is higher). Penalties in lieu of delay are chargeable without any formalities and without further notice. Accordingly, they become applicable in law as from the day following the due date for payment.
Furthermore, a contractual charge of €40 for the costs of recovery will be owed to Quartix in law and without further notice in the event of any delay in payment. Quartix reserves the right to charge the Customer additional compensation if the costs of recovery actually incurred exceed the above-mentioned amount (€40) of costs of recovery – as shown by presentation of proof. The Customer must reimburse all costs incurred in the disputed collection of sums owing, including the fees charged by public officials and by lawyers.
Upon payment by automatic direct debit in favour of Quartix, payment is collected on or around the 15th or 30th day of the first or second month in the quarter to which the charge relates. Administration charges of €25 excluding tax are applicable if no direct debit has been set up (or one has been cancelled) by the Customer, and without notification from the Customer.
Quartix may at its discretion, on an annual basis, increase any then-current prices as follows: the increase in prices shall be a maximum of 5% higher than the percentage increase in the Labor Cost Index as published by the Institut National de la Statistique et des Études Économiques (INSEE) in France, or a similar wage index relevant to the location of the Customer. The index shall be taken for the year ending two months prior to the month of price increase. In no event shall this calculation result in a decrease in pricing. In the event that two invoices of the same Customer are consolidated, the weighted average of the date of the last price increase shall be used to determine the date of the next price increase on the consolidated invoice.
Delivery and installation
All dates and times of delivery are approximate, but Quartix will make every effort to adhere to them. A given time will not be the essence of any arrangement, and Quartix may not be held responsible for any loss or any damage arising from delay in delivery or failure to meet an appointment for installation. If the Customer incurs delay in the installation of one of the Products or services over and above 30 days as from the date of installation for the first Product or service featured in the order, then Quartix will be entitled to deliver the corresponding Product and services to the Customer’s delivery address, whereupon installation will be deemed fulfilled and therefore the subject of entitlement for payment.
If the installation is conducted by the Customer or by any person designated by the Customer, then Quartix may not be held responsible for any instances of damage or loss of any form arising, whether they are the direct or indirect result of negligence or of failure to adhere to Quartix’s written instructions concerning the installation of Quartix Products.
Right of ownership; Risks
The right of ownership over Quartix’s Products as acquired by the Customer will revert to the Customer following full payment of all sums owing, and up until such time the Customer must ensure that the Products are insured, safely and specifically stored separately and must keep them in perfect working order. The right of ownership over Quartix’s Products as rented by the Customer remains with Quartix, and such Products must be returned to Quartix at the Customer’s risks and expense and in perfect working order at the end of the rental term. The Customer must have maintained them in good and substantial repair during the period of such rental. Under all circumstances, the right of ownership of the SIM card remains with Quartix or with its supplier of SIM cards.
Unless otherwise provided under the Incoterm mentioned in the order confirmation, all risks relating to Quartix’s Products will transfer to the Customer upon delivery to the address designated by the Client, whether or not installation is conducted.
Product Use
The Customer shall use the Products and Services exclusively for the commercial purposes of its business and not for the private use of the Customer (or any person(s) associated with the Customer) or for any other purpose.
The Customer shall: (i) not sell, rent or otherwise make the Products and Services available to any third party without the prior written consent of Quartix; (ii) not reproduce, modify, adapt, disassemble, decompile, recompile or reverse engineer the Products or create derivative works from them, except to the extent necessary to use the Products in accordance with these Terms; (iii) not use the Product to create any product that is substantially similar in its expression to the Product; (iv) not use the Product in any unlawful manner or transmit any material as part of its use of the Products and Services that is unlawful, defamatory, obscene, infringing, harassing, discriminatory or similar; (vi) not act in such a way that the operation of the Services, or the operation of any network through with the Services are made available (a “Network”) may be jeopardised; (vii) not be involved in any fraudulent or other unauthorized use of the Network or any Services; and (viii) comply with all applicable laws and regulations with respect to its activities.
The Customer shall use the Products and Services only in the country in which the Products were originally delivered or in which they were originally installed. The Customer shall not transport the Products to a different country than the country of their original delivery / installation, unless Quartix gives such written permission. In the event that the Customer does use the Products or Services in another country, or otherwise transfers the Products to another country, Quartix shall have the right to take such action as is necessary to protect its legitimate business interests (to be determined in Quartix’s sole discretion), including but not limited to increasing the price or terminating the Contract.
The Customer agrees that it shall limit its use of those Products and Services which involve the potential for significant transfers of data (the “Variable Data Products and Services”) to a reasonable level. The Variable Data Products and Services include but are not limited to the alerts functionality, the Quartix web service, the integrated cameras and the Quartix mobile application. The Customer shall not overuse the Variable Data Services and shall limit the transfer of data through such Products and Services to a reasonable level. In the event that Quartix, acting in its sole discretion, determines the Customer to be overusing or transferring too much data through any of its Variable Data Products or Services, Quartix shall have the right to take such action as is necessary to protect its legitimate business interests (to be determined in Quartix’s sole discretion), including but not limited to increasing the price, limiting the use of the Variable Data Products and Services or terminating the Agreement. For the avoidance of doubt, the maximum level of use of the alerts functionality shall be deemed to be 50 alerts per TCSV per month and the maximum use of the integrated cameras shall be deemed to be 200MB per camera per month.
The Customer acknowledges that it is solely responsible for the content of the data generated by the Products, including but not limited to vehicle tracking data and camera footage. The Customer shall indemnify and hold harmless Quartix and its officers, employees and agents, to the fullest extent permitted by law, against any and all losses, costs, claims and liabilities whatsoever arising in any way directly or indirectly out of or in connection with the content of such data, including without limitation investigations and prosecutions, and claims for libel, slander, infringement of copyright, breach of data protection legislation, breach of other applicable laws, personal injury or death. Quartix shall be under no obligation to mitigate any of the above.
To the extent the Customer makes use of addressing information as part of the Services, the Customer shall be bound by Google’s terms of service, available at https://policies.google.com/terms?hl=ie
Guarantees
Quartix gives the Customer its guarantee that purchased vehicle tracking terminal products (the ‘TCSVs’) are free of faults for a period of 12 months from delivery unless otherwise indicated on the order confirmation. If the TCSVs are acknowledged by Quartix to be faulty within the above-mentioned period, then Quartix will provide for their repair or replacement within a reasonable time, using new components or spares or the equivalent items. In the case of the rental of TCSVs, this guarantee will continue throughout the term of the corresponding rental.
Where a Product is not covered by warranty and Quartix agrees to issue a free of charge replacement, the Customer agrees to maintain the Services associated with that Product for a minimum period of 12 months.
This warranty shall not apply in respect of normal wear and tear to a Product or in the event that any defect, deterioration or malfunction of a Product arises due to misuse, negligence or lack of maintenance or supervision by the Customer, or due to any shock, fall or other accident involving the Product, or in the event of technological obsolescence outside of Quartix’s reasonable control, or due to the shutdown of a generation of Network by Quartix’s provider.
All Products that are not manufactured by Quartix (including, without limitation, the cameras) are subject to the terms of the warranty of the manufacturer of the Products and Quartix does not provide any warranty in respect thereof.
Quartix gives no guarantee that any Products or Services will be suitable for any particular purpose nor that the Services will continue without interruption, nor that any Products or Services will generate any financial saving or benefit for the Customer, nor that the reports, data or information supplied in the context of the envisaged Services are free of errors, omissions, instances of inaccuracy or non-compliant elements, and Quartix accepts neither liability nor obligation in relation to the Customer in this connection unless specifically mentioned as a stipulation within these Terms.
Subject to Quartix’s data protection obligations under the Contract, Quartix shall not be liable and gives no guarantee as to the security or the integrity of any connection or transmission used in the context of the envisaged Services.
Any damage caused by the Customer, by its representative or by any unauthorised third party at the stage of the installation or the utilisation of the Products will be the Customer’s full & entire responsibility. Any incorrect modifications, repairs or interventions with the Products will be the Customer’s full & entire responsibility. Any accidental damage will be the Customer’s full & entire responsibility. Quartix may not be held responsible for any damage whatsoever.
Whilst Quartix uses reasonable endeavours to minimise the risk of any security vulnerability in its systems (Quartix is only bound by an obligation of means for this purpose), the Customer acknowledges that its use of the Products and Services, and its communications with Quartix, present a level of inherent cyber risk, particularly where the Customer does not itself implement adequate cyber security measures.
As such, subject at all times to its data processing obligations under the Contract, Quartix shall not be liable for any direct or indirect loss incurred by the Customer as a result of any virus, malware or other harmful software introduced to the Customer’s information systems, or any third-party access unlawfully gained to the Customer’s information systems, where such events take place beyond the reasonable control of Quartix.
High-Risk Disclaimer
Quartix Products and Services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life support machines or any other application in which the failure of the Products or Services could lead directly to death, personal injury or severe physical or property damage (collectively, “High-Risk Activities”). Quartix expressly disclaims any express or implied warranty of fitness for High-Risk Activities.
Rights; Intellectual property
Quartix retain all copyright, rights in inventions, rights in designs, database rights and other intellectual property rights in the Products and Services and the results of the Services. Nothing transfers or shall oblige Quartix to transfer to the Customer any such intellectual property rights, and all rights thereunder that are not expressly granted to the Customer in these Terms are reserved to Quartix.
Copyright and all other creator’s rights and intellectual property rights as found in the database which can be accessed via the Services, together with all information supplied by the Services (“Information”), are the property of Quartix or of the suppliers of such Information. The Customer is authorised to use the Information obtained from the Services exclusively for its own purposes, and consequently the Customer is not authorised to sell, to retail, to forward or to communicate the Information obtained from the Services in any manner whatsoever, in any medium whatsoever and to any third party whomsoever other than by Quartix’s prior written authorisation to the Customer.
Quartix may use the Information, in an aggregated form, with data from other vehicles, to monitor road usage, provide information regarding traffic flow and journey times and to analyse general driving behaviour. This aggregated data, which shall contain no personal data or confidential information of the Customer, may be shared with or supplied to third parties by Quartix.
SIM cards
The Customer may not remove, nor permit nor authorise any third parties to remove, any SIM Card from any one whatsoever of the Products. The Customer is responsible for the loss or theft and for any malicious use (including fraudulent or improper use) of SIM cards.
In the event that Quartix should have good reason to believe that the Client may be acting in contravention of the provisions of the above clause, then Quartix may – at its own sole discretion – discontinue the provision of Services to the Client for any one of Quartix’s Products and/or for all of the Products supplied to the Customer.
Confidentiality
The Customer and Quartix undertake, throughout the duration of the Contract and without any time limit after the Contract expires for whatsoever reason, to observe the most comprehensive confidentiality concerning the information which they have received from each other, and they agree to refrain from reproducing or disclosing (either directly or indirectly) any information, knowledge or know-how, whether it relates to their party in contract, to its activities or to the projects to which the parties may have gained access in the course of execution of their contract, unless such information, knowledge or know-how has lawfully entered into the Public domain or is required to be disclosed by law. Confidential information may include, albeit not exhaustively listed: business plans, lists of customers, operational & technical data and the drawings for products.
Liability
Products and Services supplied by Quartix are consistent with their description in the catalogue or in their sales documentation. The burden of proof remains with the Customer to prove any instance of non-compliance. Exclusively the Customer, in its capacity as a professional, is responsible for the choice of Products and Services provided by Quartix, together with the conditions & provisions governing their implementation.
Quartix’s responsibility may be incurred only in the event of proven fault or negligence, and it will be restricted to direct losses, to the exclusion of any indirect loss whatsoever, be it material or intangible, or – in particular – financial.
In order for the Customer to substantiate its rights, it must – on penalty of invalidity of any corresponding action – send written notice to Quartix within a maximum timeframe of eight days as from the discovery of any grounds for claim, including conditional grounds, for incurring Quartix’s responsibility.
Quartix’s total responsibility with regard to any complaint or with regard to all complaints arising from a deficient action on Quartix’s part (per instance of deficient action, per contract, per instance of negligence or other cause) may not exceed the total amount paid by the Customer for such Products or Services as are the subject of such complaint. In the event of any complaint against Quartix for disruption in Services or any error in the information provided, Quartix’s liability may not exceed the total price paid by the Customer for the Services for the period of such disruption or for any such errors and will be restricted exclusively to the Products for which the Services were intended.
Quartix may not be held liable in relation to the Customer for any financial losses whatsoever (including, albeit not listed exhaustively: losses of income, losses of profit, lost contracts, lost business or anticipated savings) and including either specific or indirect losses.
Refunds and Cancellations
Once paid, fees for Products and Services are non-refundable unless Quartix chooses, acting in its sole discretion, to refund the payment or it is legally obliged to do so.
The following charges are applicable to Quartix’s Products and Services on cancellation of a Product rental, a Service or the Contract:
On cancellation, rented Products must be returned to Quartix in good working order and rental charges shall apply until such Products are returned.
In the case of Products purchased by the Customer, the Customer shall be fully responsible for financing and implementing the environmentally sound disposal (or a suitable alternative) of the Products when they are no longer required and it shall do so in full compliance with all applicable laws and regulations. Alternatively, the Customer and Quartix may mutually agree for the Products to be sent to Quartix (at the Customer’s cost) and for Quartix to arrange for the environmentally sound disposal (or a suitable alternative) of the Products.
Protection of Personal Data (GDPR)
In the context of their contractual relationship, the parties agree to adhere to the currently applicable regulations concerning the processing of personal data with particular reference to EC (EU) Parliament and Council Regulation 2016/679 dated 27 April 2016 on the protection of individual persons in the context of the processing of personal data and the free circulation of such data, as applicable effective from 25 May 2018.
The Customer declares that it has taken note of the “GDPR Guideline” either by email or by clicking on the following link : https://www.quartix.com/fr-fr/ressources/guide-rgpd-gestionnaire-de-flotte/ and that it has obtained all necessary and helpful advice not only in terms of entering into contract in the possession of all relevant knowledge but also for purposes of assessing and fulfilling its obligations with regard to the processing of personal data.
Personal data is retained and processed by Quartix in accordance with “Quartix’s Data Processing Terms” which are a constituent part of these Terms of which the Customer declares that it has taken note, and which can be examined by clicking on the link for https://www.quartix.com/en-ie/data-processing-terms/ . For the avoidance of doubt, the exclusions and limitations of liability expressed in these Terms shall also apply to all liability arising under or in connection with Quartix’s Data Processing Terms.
Personal data may be communicated to any of Quartix’s partners which are involved in the execution of the contract. They will be retained for a period limited to 3 years following the termination of business relations between the Customer and Quartix.
The processing of information as disclosed by the Customer in the capacity of an individual person is compliant with the legal requirements concerning the protection of personal data. In accordance with currently applicable regulations, the Customer has a continuous right of access for modification, correction, objection to transfer and limitation of processing with regard to the information concerning the Customer. Subject to production of valid proof of identity, the Customer should – in order to exercise the above-mentioned rights – contact the following address: QUARTIX SAS SERVICE COMMUNICATION – 10, Rue du Colisée 75008 PARIS.
For any further information or in order to raise a complaint, the Customer may contact the National Committee on Data Processing and Freedoms (further information can be found on www.cnil.fr).
In the context of executing the contract, Quartix will act in the capacity of a subcontractor reliant exclusively on the instructions of the processing manager, which is the Customer.
Quartix undertakes to process personal data in accordance with “Quartix’s Data Processing Terms”.
In particular, technical and organisational measure compliant with GDPRin order to preserve the security of information, with particular reference to protecting it against any accidental or illegal damage, accidental loss, unauthorised alteration, distribution or access. Quartix will also apply security measures to protect the data against any malicious attack, alteration or disclosure to unauthorised persons.
Quartix issues data access authorisations exclusively to its employees or agents who have need of such information in order to apply and to monitor the security measures or in order to carry out contractual services. It places its services providers under obligation to comply with GDPR, together with the obligations arising from EU Directive 2016/679 dated 27 April 2016 and concerning the protection of individual persons with regard to the processing of personal data.
Quartix will be glad to present the Customer with its security policy, which it applies, and will notify the Customer of any developments in such policy. It will keep available for the Customer such documents as relate to the security of the Customer’s data, specifically including the required technical documentation, product risk analyses and a list of security measures in place.
Data collected and processed by Quartix is strictly covered by professional secrecy (Criminal Law Article 226-13). Quartix undertakes to adhere to the following obligations and to require its own personnel to adhere to them:
– not to take any copies of data except where necessary in order to carry out its own contractual services, with specific reference to security measures.
-not to disclose data to any other parties, be they private or public individuals or corporations.
-to take technical and organisational measure compliant with GDPR to prevent any criminal or fraudulent use of the data placed on record in the course of execution of the contract.
Quartix will restrict the storage of personal data to the period of time defined by the Customer, it being recalled that otherwise the said storage period will extend to twelve (12) months.
The Customer warrants Quartix that it holds a legitimate interest in collecting the personal data of the Customer’s representatives and employees and has obtained a formal written consent from them.
Quartix and the Customer agree that, as a subcontractor, Quartix holds a legitimate interest in collecting the personal data of the Customer’s representatives and employees. It is agreed that the signatory on the Customer’s behalf must carefully provide his contact details (such as surname, forename, capacity, telephone and fax numbers, email address) which are an obligatory, required condition for negotiating and executing the rental contract.
Personal data as logged and as disclosed by the Customer to Quartix in the context of execution of the Contract_in which context the data subjects will be notified by the Customer_is never processed or used except where necessary in order to validate the negotiation of the contract, in order to communicate and to correspond with the data subjects (i.e. the affected persons), in order to process their requests, in order to ensure Quartix’s successful completion of its services, to create & manage their accessing of online services, to produce statistical studies, commercial brochures and marketing campaigns.
Such data will be stored for as long as is necessary, up until three years after the termination of Quartix’s supply of services, except where the data subjects exercise their right of erasure of data concerning themselves. They hold a right of access, rectification, transfer and erasure of their data, or – alternatively – a limitation on processing. Given legitimate reasons, they may also object to the processing of data concerning themselves.
Subject to production of valid proof of identity, they should – in order to exercise their rights – contact the following address: QUARTIX SAS SERVICE COMMUNICATION – 10, Rue du Colisée 75008 PARIS. For any further information or in order to raise a complaint, they may contact the National Committee on Data Processing and Freedoms (further information can be found on www.cnil.fr).
Access to such personal data is strictly limited to Quartix’s employees and – where necessary – Quartix’s subcontractors, who have been bound over to a confidentiality obligation and may not utilise such data other than in accordance with this contractual document and applicable legislation. Other than in the above-mentioned cases, Quartix undertakes not to sell, not to rent, not to transfer and not to allow third parties access to the data without the data subjects’ prior consent, unless Quartix is obliged to disclose the data for a legitimate reason (mandatory legal obligation, combating fraud or abuse, exercising defence rights, etc).
Quartix’s employees and any & all of its sub-subcontractors must be based in the European Economic Area or in the United Kingdom, unless transfer has been authorised by the Company or if transfer takes place to a country where the level of protection has been deemed by the European Commission or an applicable Supervisory Authority to be, as a rule, adequate in the light of Data Protection Legislation, or if the transfer operation is accompanied by the setting-up of appropriate protection measures in accordance with GDPR.
Force Majeure
Quartix cannot be held answerable to the Customer for nonfulfilment or delay in the fulfilment of any one of its obligations under these Terms nor for any losses or damages suffered by any one whatsoever of the Products in the case of force majeure, war, riots, civil disorders, embargo, strikes, fire, theft, delay in delivery or delay in the services provided by subcontractors or sub-suppliers or the non-performance of a subcontractor or sub-supplier due to a force majeure event, a cyber attack on Quartix’s systems (which the parties hereby expressly define as a force majeure event), labour shortages or shortages of materials, confiscation or any other unforeseeable event (whether or not of the same type as the above-specified events) where they are outside of the reasonable control of Quartix. If any such situation should persist for more than 60 days, then the contract may be dissolved in writing by one or other of the parties and without compensation.
Termination
Quartix reserves the right to terminate any Contract with the Customer at any time (whether within the Minimum Period or not) if the Customer infringes the provisions of one or more Contracts from time to time – or continually – and if it fails to make good its failures within 30 days following written notification, or otherwise with immediate effect if the Customer’s actions are such as to place the continuation of the Services at risk.
The Customer may not cancel or terminate the Contract until the Minimum Period has expired, following which either the customer or Quartix may give one month’s prior written notice to terminate.
Any provision of the Contract which is expressly or by implication intended to survive expiry or termination of this Contract shall survive and continue in full force and effect.
Assignment of rights
The Customer shall not assign its rights or obligations under the Contract – either in whole or in part – to any third party whatsoever other than by Quartix’s prior written consent. Quartix may assign its rights or obligations under the Contract, in whole or in part, to any third party without the Customer’s approval, provided that it gives the Customer no less than 30 days’ notice of such assignment.
Applicable law; Jurisdiction
The Contract (including the Terms) is subject to French law without regard to conflict of law principles.
Any dispute arising out or in connection with the Contract, the order confirmation and/or the Terms, their validity, performance, non-performance or termination, shall be brought before the competent Courts of Paris (FRANCE).
The jurisdiction of the designated court shall be exclusive of any other jurisdiction, in particular:
– that of the court of the place where a party is domiciled;
– the court, if any, indicated on the documents specific to the Customer such as it general terms and conditions of sale.
Version 3 - 02/01/2024