General Terms and Conditions of Sale

Article 1 - Subject matter and scope

1.1 - Any order of products implies the unreserved acceptance by the buyer and his full and complete adherence to these general conditions of sale which prevail over any other document of the buyer, and in particular on all general conditions of purchase, unless expressly and previously agreed by our company.

1.2 - These general conditions of sale apply to all sales of products by our company unless specific agreement prior to the order agreed in writing between the parties.. As a result, The placing of an order by a customer carries the unreserved acceptance, of the latter, to these general conditions of sale, except special conditions agreed in writing by our company to the purchaser.

1.3 - Any order must be placed in writing and becomes final only after written acceptance by ISOSIGN®. In case of provision of a quote by ISOSIGN®, it must be returned and accepted beforehand.

If the order differs from the quote, ISOSIGN® is only bound by the granting of an order confirmation.

1.4 - Any document other than these general conditions of sale and in particular catalogues, prospectus, Advertisements, Records, has only informative and indicative value, non-contractual.


Article 2 - Intellectual property

All technical documents provided to our customers remain the exclusive property of ISOSIGN® sole owner of the intellectual property rights on these documents, and must be returned to him at his request.

Quotes, drawings, plans and any other document of any kind delivered or sent at the request of the customer are the exclusive property of ISOSIGN® and cannot be communicated, nor executed without the written permission of ISOSIGN®. Any counterfeit by the customer of ISOSIGN products® may be sanctioned by criminal and/or civil prosecution at the discretion of ISOSIGN®.


Article 3 - Commands

3.1 - Definition

The equipment will be carried out in accordance with the indications on the acknowledgment of receipt of order. Plans are approved in advance, the material will be designed according to the documents approved and approved by the client

3.2 - Modification

3.2.1 - Orders sent to our company are irrevocable for the customer, unless we agree in writing.

3.2.2 - Any request to modify the composition or volume of an order placed by a customer can not be taken into account by our company, only if the request is made in writing including fax or e-mail, and reached our company, at the latest 8 days after receipt by our company of the initial order.

In case of modification of the order by the customer, Our company will be released from the agreed deadlines for its execution.


Article 4 - Deliveries

4.1 - Delay

4.1.1 - The deadlines are indicated ex works as precisely as possible but are a function of ISOSIGN's lead times and transport®. Exceeding a time limit may not give rise to any damages., no order retention or cancellation.

Delivery times are given for informational and indicative purposes only, These depend in particular on the availability of carriers and the order of arrival of orders.

Our company strives to respect the shipping times ex-works that it indicates at the acceptance of the order, according to the reference logistics time in the profession, and execute orders, except force majeure, or in the event of circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, Supply difficulties, without this list being exhaustive.

Ex-factory shipping times only run from the day or ISOSIGN® is in possession of all the technical elements necessary for the execution of the order and in particular the approved plans if necessary.

Delays in delivery cannot give rise to any penalty or compensation, nor justify the cancellation of the order.

The delivery of the products on time can only occur if the customer is up to date with his obligations vis-à-vis ISOSIGN®.

4.1.2 - Any delay in relation to the indicative delivery times initially planned can not justify a termination of the order placed by the customer and registered by our company.

4.2 - Risks

The transfer of risks on the products sold by our company takes place at the delivery of the products to the carrier or at the exit of our warehouses.

4.3 - Transport

The goods become the property of the buyer as soon as they leave ISOSIGN's manufacturing workshops®, Subject to retention of title specified in Article 7 of these general conditions of sale.

It belongs to the customer, in case of damage to the delivered goods or missing goods, to make all necessary reservations with the carrier.

Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt in the 3 working days of receipt from the carrier, in accordance with Article L. 133-3 of the Commercial Code, and the copy of which will be sent simultaneously to our company, will be considered accepted by the customer.

4.4 - Reception

4.4.1 - Without prejudice to the measures to be taken by the customer vis-à-vis the carrier as described in article 4.3, in case of apparent defects or missing, any claim, whatever its nature, relating to the products delivered, will only be accepted by our company if AR, within the period of 3 working days provided for in Article 4.3.

4.4.2 - It is up to the buyer to provide all justifications as to the reality of the defects and anomalies found.

4.4.3 - No return of goods can be made by the customer without the express prior agreement, Written from our company, obtained in particular by fax or e-mail.

The return costs will only be borne by our company in the event of an apparent defect, or missing, is actually established by the latter or its representative.

Only the carrier chosen by our company is authorized to return the products concerned.

4.4.4 - When after checking an apparent defect or a missing is actually found by our company or its agent, The customer may only ask our company for the replacement of non-compliant items and / or the complement to be made to fill the gaps at the expense of the latter, without the latter being able to claim any compensation or the resolution of the order.

4.4.5 - The unreserved receipt of the products ordered by the customer covers any apparent and / or missing defect. Any reservation must be confirmed under the conditions provided for in article 4.4.1.

4.4.6 - The complaint made by the purchaser under the conditions and in the manner described in this article does not suspend the payment by the customer of the goods concerned..

4.4.7 - The responsibility of our company can in no way be questioned for facts during transport, of destruction, Damage, Loss or theft, even if she chose the carrier.

4.5 - Suspension of deliveries

In the event of non-payment in full of an invoice that has fallen due, after formal notice remained without effect in the 48 Hours, Our company reserves the right to suspend any current and/or future delivery.

4.6 - Cash payment

All orders we accept to execute are fulfilled, taking into account that the customer provides sufficient financial guarantees, and that it will effectively pay the amounts due when they fall due, in accordance with the legislation. Also, if our company has serious or particular reasons to fear payment difficulties on the part of the customer on the date of the order, or later, or if the customer does not present the same guarantees as on the date of acceptance of the order, Our company may make the acceptance of the order or the continuation of its execution subject to cash payment or supply, by the customer, guarantees for the benefit of our company. Our company will also have the faculty, before the acceptance of any order, as running, to require the client to disclose his accounting documents, and in particular income statements, Same forecasts, enabling it to assess its solvency. In case of refusal by the customer of the cash payment, without any sufficient guarantee being offered by the latter, Our company may refuse to honor the (them) order(s) Past(s) and to deliver the goods concerned, without the customer being able to argue an unjustified refusal to sell, or claim any compensation.

4.7 - Order refusal

In case a customer places an order with our company, without having made the payment of the (some) order(s) Previous(s), Our company may refuse to honor the order and deliver the goods concerned, without the customer being able to claim any compensation, for any reason.


Article 5 - Tariff - Price

The prices and information indicated in the price are transmitted as an indication and do not bind ISOSIGN®, who reserves the right to modify product characteristics described in this catalog without obligation to modify products previously delivered or in the process of ordering. Prices are exclusive of taxes, ex works, packaging included except for specific packaging invoiced in addition.

Products and goods are invoiced on the basis of the rates in force on the day of the order, unless otherwise agreed.

Vertical signalling : Prices are carriage paid, outside DOM TOM and Corsica for any order greater than 1 000 € HT unless the order contains :

- heavy products weighing more than 12 Kg per unit of item (Weights 15 and 28 Kg, Batteries, …)

- bulky products whose dimensions exceed those of a standard pallet of 1200 x 1000 mm (Mutor J14, K16 channel separators, …)

- supports longer than 4 m at the time of delivery.

A package of 30€ HT for single panels and 75€ HT for panels and supports (Package covering processing fees, preparation and shipment of the order) will be applied for any vertical signalling control of a lower amount. Horizontal signaling : see special conditions within the Public Tariffs for horizontal signalling products.

For the DOM TOM and Corsica, Transport prices are established on estimate.


6.1 - Payment

Our invoices are payable on the due date indicated therein. The payment period is an agreement that can be revoked at any time. Only the actual collection of bills of exchange or LCR will be considered as full payment within the meaning of these general conditions of sale.

Invoices addressed to the State, local authorities and their public institutions, are payable according to the terms provided for by the Code of Public Markets, including provisions relating to default interest which will be due ipso jure in the event of failure to pay within the required time limits.

In case of sale, cession, Contribution to a company or pledge of goodwill or equipment by the client, The sums due will become immediately due regardless of the conditions agreed in advance.


6.2 - Nonpayment

6.2.1 - Any amount including VAT not paid on the due date will give rise to the payment by the customer of penalties set at three times the legal interest rate. These penalties are payable by operation of law and will automatically be charged to the beginning of the customer's account.

Any delay in payment will give rise to, in addition to late penalties, the payment of a recovery indemnity in the amount of 40 euros in accordance with Article D.441-5 of the French Commercial Code.

6.2.2 - Besides, Our company reserves the right to seize the competent court so that it puts an end to this non-performance, under daily penalty payment per day of delay.


Article 7 - Retention of title

7.1 - Any sale concluded by ISOSIGN® is concluded with retention of title. As a result, The transfer of ownership of our products is suspended until full payment of the price of these by the customer, in main and accessories, even in the case of granting payment periods. Any clause to the contrary, In particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with Article L. 624-16 of the Commercial Code.

7.2 - By express agreement, Our company may exercise the rights it holds under this retention of title clause, for any of its claims, on all its products in the customer's possession, the latter being conventionally presumed to be those unpaid, and our company will be able to take them back or claim them in compensation for all its unpaid invoices, without prejudice to its right to terminate current sales.

7.4 - Our company may also demand, in the event of non-payment of an invoice due, the resolution of the sale after sending a simple formal notice. Likewise, Our society will unilaterally be able to, after sending a formal notice, draw up or cause to be drawn up an inventory of its products in the customer's possession, who commits, already, to allow free access to its warehouses, stores or other for this purpose, ensuring that identification of the company's products is always possible.

7.5 - In the event of the opening of bankruptcy proceedings or liquidation of assets, Orders in progress will be automatically cancelled, and our company reserves the right to claim the goods in stock.

7.6 - This clause does not prevent the risk of the goods from passing to the buyer as soon as they are delivered to him..

7.7 - Upon delivery, The buyer is the depositary and custodian of the said goods. In the event of non-payment and unless we prefer to request full execution of the sale, We reserve the right to terminate the sale after formal notice and to claim the delivered goods, the return costs remaining the responsibility of the buyer and the payments made being acquired by us as a penalty clause.


Article 8 - Guarantee against apparent and hidden defects

8.1 - Products must be checked by their customer upon delivery, and any claims, Reservation or dispute relating to missing and apparent defects, must be carried out under the conditions laid down in Article 4. In case of apparent defects, defective parts are replaced by us, subject to verification of alleged defects. The customer must provide any justification as to the reality of the defects found, Our company reserves the right to proceed, directly or indirectly, any on-the-spot findings and verifications.

8.2 - Notification of existing defects at the time of delivery, and revealed after receipt of the products, must be formulated by the customer in writing within a period of 3 days following the date on which he discovered the lack of conformity. No denunciation will be taken into account if it occurs more than 3 clear days from the delivery of the products.

8.3 - No action for non-conformity may be brought by the customer more than 30 clear days after delivery of the products. It is expressly agreed by the acceptance by the customer of these general conditions of sale only after the expiry of this period, The customer will not be able to invoke the non-conformity of the products, nor oppose it as a counterclaim to defend itself in an action for debt recovery brought by our company. Failure to comply with these conditions, Our company's responsibility towards the customer, due to a hidden defect, cannot be questioned.

8.4 - Defects and deterioration of the delivered products resulting from abnormal storage and/or conservation conditions at the customer's premises, in particular in the event of an accident of any kind whatsoever, will not be able to give right to the guarantee due by our company.

8.5 - Under the guarantee against hidden defects, Our company will only be required to replace it free of charge, defective goods, without the customer being able to claim damages, for any reason whatsoever.

8.6 - Our company guarantees its products against hidden defects, in accordance with the law, Uses, Case law, and under the following conditions. Our warranty only applies to products that have regularly become the property of the buyer. It only applies to products entirely manufactured by our company. It is excluded if our products have been used under unforeseen conditions of use or performance.. Our warranty only concerns hidden defects. Our clients are professionals, The hidden defect means a defect in the realization of the product making it unfit for its use and not likely to be detected by the buyer before its use. A design defect is not a hidden defect and our customers are deemed to have received all technical information relating to our products. We do not cover damage and wear resulting from special adaptation or assembly, abnormal or not of our products unless it was carried out under our supervision. Our warranty is limited to the replacement or repair of defective parts. Our warranty is limited to the first six months of use. Our parts are deemed to be used by our customers at the latest in the 3 month of availability. In any case our customers must justify the date of the beginning of use. Our warranty automatically ceases at the end of this period. Our warranty ceases automatically as soon as our customer has not notified us of the alleged defect within a period of 20 clear days from its discovery. It is up to him to prove the day of this discovery.


Article 9 - Disclaimer of Warranty

9.1 - The warranty does not cover wear parts and consumables (battery, battery, blister, …) and applies in the context of carrying out the maintenance actions provided for in the product sheets concerned with personnel approved by ISOSIGN®.

9.2 - The warranty does not apply in the following cases: :

• Damage resulting in particular from an accident, a natural event, negligence, of malice, use or technical modifications contrary to the requirements

Manufacturer's techniques, the use of spare parts or consumables other than those supplied by ISOSIGN®, a fault in the electrical network, an intervention performed on the equipment

due to the Customer or a third party and more generally to any damage whose origin is foreign to the equipment itself.

• the use of the non-specification product (climatic, electrical, mechanics, …)

• connection to equipment not certified by ISOSIGN® or ISOSIGN approved personnel®

• failures resulting from a virus or other malicious computer program ;


Article 10 - Force majeure

Are considered as force majeure or fortuitous events, events beyond the control of the parties, which they could not reasonably be required to foresee, and that they could not reasonably avoid or overcome, in so far as their occurrence makes it totally impossible to fulfil the obligations. Are in particular assimilated to cases of force majeure or fortuitous relieving our company of its obligation to deliver within the deadlines initially provided for. : strikes by all or part of the personnel of our company or its usual carriers, Fire, Flooding, War, production stoppages due to accidental breakdowns, the impossibility of being supplied with raw material, Epidemics, Thaw barriers, roadblocks, strike or disruption of supply EDF GDF, or supply disruption for a cause not attributable to our company, as well as any other cause of supply disruption attributable to our suppliers.

In such circumstances, Our company will notify the customer in writing, in particular by fax or e-mail, In the 24 Hours of the date of occurrence of the events, the contract between our company and the customer is then automatically suspended without compensation, from the date of occurrence of the event. If the event were to last more than 30 days from the date of occurrence, The sales contract concluded by our company and its customer may be terminated by the most diligent party, without either party being able to claim damages. This termination will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt denouncing the said contract of sale.


Article 11 - Waiver

The fact that our company does not avail itself at a given time of any of the clauses hereof can not constitute waiver to avail itself subsequently of these same clauses.


Article 12 - Applicable law and jurisdiction clause

Any question relating to these general conditions of sale and the sales they govern, which would not be dealt with by these contractual stipulations, will be governed by French law to the exclusion of any other right, and on a supplementary basis, by the Vienna Convention on the International Sale of Goods.

For any dispute relating to the execution or application of these general conditions of sale, only the commercial court of ISOSIGN's registered office® is competent whatever the nature, the cause or place of the dispute, even in the event of a warranty claim or multiple defendants.

Updated, July 1 2022