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TERMS AND CONDITIONS
OF SALE
ALWEN INTERNATIONAL |
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OBJECT |
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These terms
and conditions of sale apply to the services commercialised
by ALWEN INTERNATIONAL. By placing any order with ALWEN INTERNATIONAL
or accepting any offer from ALWEN INTERNATIONAL the Client
agrees to be bound by and accepts these terms and conditions
of sale. These terms and conditions alone shall govern sales
by ALWEN INTERNATIONAL. Once the Client has signed the order
form or the quotation or the duly signed contract, the order
shall be considered definitive and may no longer be cancelled
by the Client. |
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TARIFS |
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Price propositions
made by ALWEN INTERNATIONAL are given as an indication and
are exclusive of taxes. ALWEN INTERNATIONAL reserves the right
to modify them without prior notice and the price paid by
the Client shall be indicated using the price lists applicable
at the moment the order is confirmed, together with VAT at
the rate applicable on the day the invoice is issued. Travel,
meal and accommodation expenses are not included in these
prices. Such expenses are linked to specific assignments and
will be invoiced separately to the Client with proof of outlay.
Any supplementary work will also be invoiced to the Client. |
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PAYMENT
TERMS |
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Unless otherwise
agreed, invoices are due upon reception in full, net and without
any discount being granted. Failure to pay before the expiry
of the due date shall, in full accordance with the law and
without any other formality being required, result in a demand
for penalty interest payments at one and a half times the
legal interest rate applicable on the due date, payable from
the first day after the due date has expired and up until
the debt has been paid in full. |
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COMPLETION
OF SERVICES |
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Deadlines
for the completion of consultancy services and / or putting
products and services on line on alwen.com are given as an
indication and run from the date the order is placed. Delays
in completing assignments or in putting on line on the website
alwen.com may under no circumstances be used to justify the
cancellation of an order nor give rise to penalties or compensation
of any kind unless otherwise expressly stipulated.
ALWEN INTERNATIONAL does not accept liability should it be
momentarily impossible to access the website alwen.com. Throughout
the duration of the contract, ALWEN INTERNATIONAL reserves
the right to bring in any modifications it deems necessary,
which may be motivated by technical reasons, such as a change
in computing equipment or be likely to improve the website
alwen.com and the network management system. Delays as to
the supply of Services proposed by ALWEN INTERNATIONAL may
not bring the liability of ALWEN INTERNATIONAL into play. |
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FORCE
MAJEURE - ACTS OF GOD |
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The obligations
of ALWEN INTERNATIONAL shall be suspended and its liability
shall not be invoked should any unforeseen event occur presenting
or not, as the case may be, the legal characters of force
majeure and Act of God, such as; fire, theft, power cut, breakdown
in the computing or telephone systems, air strike, sick leave
of the assignment manager and in general any unforeseen circumstances
arising after the contract has been concluded and which prevent
its fulfilment within normal conditions for ALWEN INTERNATIONAL,
even on the Client's account or that of a third party. |
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CLAIMS |
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Any claim
reaching ALWEN INTERNATIONAL more than eight days after the
date of completion of the services provided by ALWEN INTERNATIONAL
shall not be taken into consideration. No claim may result
in suspension of payment. |
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LENGTH
OF CONTRACT |
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The present
contract is concluded for a precise length of time as specified
on the contract, on the quotation and/or on the order form
signed by the Client, starting from the date of signature.
Reference contracts on the website alwen.com are renewable
annually by tacit agreement. The Client may terminate the
contract by sending notice by registered post 3 months before
the anniversary of the aforesaid contract. |
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RESPONSIBILITY:
INFORMATION |
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Information
supplied by ALWEN INTERNATIONAL within the framework of the
services offered by the company to the Client is the expression
of a commercial study and assessment based on statistical
correlation, together with the analysis of various sources
of information. By definition therefore, this information
is subject to statistical differences as expressed by possible
distortion or error. The Client expressly recognises that
he has been informed that the information supplied by ALWEN
INTERNATIONAL has been gathered by ALWEN INTERNATIONAL using
sources which appear correct and with the implementation of
all due diligence as required by customary behaviour within
the profession. Information thus supplied exclusively to the
Client may only be used for indicative purposes and is never
supplied with a guarantee of a positive result, its sole aim
being to guide the Client in his own personal analyses. Consequently,
the Client accepts full responsibility for the use made of
information supplied by ALWEN INTERNATIONAL. Under no circumstances
may ALWEN INTERNATIONAL be held liable for any direct or indirect
prejudice, particularly such as delays in payment, financial
loss or loss of earnings which might be caused by the use,
analysis, interpretation and/or the spread of the information
supplied by ALWEN INTERNATIONAL, or which might result from
inaccuracies, errors, obsolete details or omissions resulting
from an error or negligent act (except in the case of gross
negligence or false representation) on the part of ALWEN INTERNATIONAL,
one of its agents or one of its representatives, or any other
fact not within the control of ALWEN INTERNATIONAL. This remains
valid even in the hypothetical event that ALWEN INTERNATIONAL
had been expressly informed of the use the Client intended
to make of the information supplied. Notwithstanding the previous,
if ALWEN INTERNATIONAL were to be recognised liable for any
prejudice caused to the Client, the Client could not, whatever
the case, claim any compensation other than the proportional
refund of the sums already paid or to be paid in return for
the Service which is said to have caused prejudice to the
Client. The Client remains solely liable for his selection
of ALWEN INTERNATIONAL services to be used, the use that he
makes thereof and in particular for the questions which he
formulates, the use of the information obtained and for the
decisions he makes in consideration of this information. The
Client recognises that the price paid in the information formulated
by ALWEN INTERNATIONAL may under no circumstances assimilate
it with an export credit guarantee. Information supplied by
ALWEN INTERNATIONAL concerning companies may not be regarded
as holding any value either as an opinion or as a recommendation.
There may be no question of the Client holding ALWEN INTERNATIONAL
liable for the non completion or the late completion of assignments
in the event where ALWEN INTERNATIONAL is unable to successfully
conclude its assignment as a result of default, error or delay
on the part of the Client. |
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RESERVE
OF OWNERSHIP CLAUSES |
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ALWEN
INTERNATIONAL reserves the right to refuse to reference
any business or company on the website alwen.com at its sole
discretion and without having to give any justification for
such a refusal.
1- Intellectual property: ALWEN INTERNATIONAL
refuses all liability for the information supplied by the
Client and either destined to be broadcast on the site alwen.com,
or to be used within the structure of the assignments carried
out on the Client's behalf. The Client releases ALWEN INTERNATIONAL
from any civil liability which the latter might incur from
the apparition of information, texts, photos & logo, guarantees
it against any third party action and will compensate it for
any prejudice incurred; the texts and information supplied
appear under the full responsibility of the Client company.
2- COMMERCIAL AND INTELLECTUAL PROTECTION
OF DATA The information supplied by ALWEN INTERNATIONAL
within the framework of its proposed services must under no
circumstances go beyond the boundaries of communication between
ALWEN INTERNATIONAL / Client ; the Client undertakes not to
reveal any of the content to any other party. This information
constitutes protected rights governed by articles L. 111-1
and after of the Code of Intellectual Property.
3- EXONERATION, ALWEN INTERNATIONAL is only bound by
an obligation of means and there can be no question of its
liability being brought into question for so-called breach
of any obligation to achieve results. |
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COMPETENT
JURISDICTION |
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In the case
of dispute, the parties shall first seek to resolve the problem
by amiable means. In the case of persistent disagreement,
the courts of Rennes shall be the sole competent arbitrators
and only French law shall be applicable. |
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ALWEN
INTERNATIONAL |
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ALWEN INTERNATIONAL
has taken out professional liability insurance and is registered
with the CNIL (French National Commission on Freedom of Information
in Computing). |
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