Société LABEL’TOUR general terms of export sales 01. GENERAL 06. DELIVERY - SHIPPING These general terms of Export sales (hereinafter referred to Unless otherwise specified, the risks and responsibilities for as "the Terms") apply to all sales of products provided by the products sold are transferred to the Client as from when LABEL’TOUR outside metropolitan France to persons acting they ae pcked up by te carriers ororwarding agens om within the scope of their business operations. All orders placed LABEL’TOUR’s depots or LABEL’TOUR’s supplier premises. The with LABEL’TOUR imply as an essentialand determining products are only insured on express instruction from the Client condition, the acceptance without reserve by the Client and at his expense. of the Terms in force on the date of the order concerned. On reception of the products, it is the Client’s responsibility, in By the same, the Client expressly waives all of his terms of the presence of the carrier or the forwarding agent, to check purchase or any other commercial document, unless there is the products delivered are in good condition. prior and express acceptance by LABEL’TOUR of said terms and In the event of products being lost or damaged on reception, documents. Moreover, the Client acknowledges that the Client must formulate any reservations according to article acceptance of the Terms shall bind the application of said Terms L133-3 of the Code of Commerce (French legislation). to the order to which they refer and also any subsequent order, LABEL’TOURis authorised to make partial deliveries. except where new terms are brought to his notice. The fact that 07. LEAD TIME DELIVERY LABEL’TOUR does not exercise its rights to any one of the Terms The delivery times are given purely for guidance and have at a given moment may not be interpreted as renunciation of no contractual value. LABEL’TOUR endeavours insofar as is exercising the right under said Terms for the future or the past. possible, to meet the delivery deadlines.Delays do not Before issuing an order, it is the responsibility of the Client to engender the right to cancel the order,nor claim from ensure compliance with the prevailing legal and regulatory LABEL’TOUR any reduction or indemnity whatsoever. Any requirements relating to the purchase of products and services request to postpone delivery or execution made by the Client, the Client intends to make from LABEL’TOUR. is subject to prior consent from LABEL’TOUR as is any invoicing Where these Terms are drawn up in the language of the for expenses incurred as a result. Client's country, the French version shall prevail and be binding 08. RETURNS AND DAMAGE CLAIMS betweenthe parties. Allgoods have to be checked immediately upon receipt. 02. PRODUCTS Damage claims are only acceptable if notified in writing within 8 The products offered for sale are those shown in the LABEL’TOUR working days of receipt of all goods. In case of legitimate claims catalogue, LABEL’TOUR reserves the right to modify its range the buyer can only require replacement of the goods. Shall of products concerned at any time, or those not shown in the replacement not be possible, the Client may choose between catalogue and which are the subject of a special order. Any alternative products with the same value or a refund. The Client required information regarding product availability will be cannot claim further compensation. All shipping and handling provided for the Client within 8 days following the order charges are non-refundable and payable by the Client. All process. Moreover, it is understood that the characteristics, returns must first be authorized by us in writing. size, weights, photos, graphic representations specified in 09. OWNERSHIP RESERVE the catalogue are non-contractual and for guidance only. The goods shall remain of Label’tour property until full LABEL’TOUR reserves the right to replace the product specified in payment has been made. In the event of non-payment, the order even after reception of said order insofar as the essential Label’tour reserves the right to re-sell the goods to any third characteristics of the product concerned are not affected. party. 03. ORDER Label’tour shall have the absolute authority to retake, sell or All orders placed by the Client in order to be binding upon otherwise deal with or dispose of all or any part of the goods in LABEL’TOUR must have given rise to a formal acceptance by which title remains vested in the seller. LABEL’TOUR. With regard to the products and services and at 10. FORCE MAJEURE the Client's request, all estimates must be the subject of an LABEL’TOUR's obligations are suspended for the duration of such acceptance by the Client, and any hypotheses, any execution and insofar as the events are beyond its control and that of of the service shall be considered as the tacit acceptance of its suppliers. If the duration of such events exceeds 6 months the estimate by the Client. continuously, cancellation of the order may be decided by The estimate is drawn up on the basis of the needs expressed mutual consent of LABEL’TOUR and the Client. by the Client. Any modification and / or extension to the initially The occurrence of an Act of God / Force Majeure is defined requested services shall give rise to the drawing up of a new in the French Civil Code. Act of god / Force Majeure includes estimate or additional estimate. notably the following events: fire, interruption in computer and 04. PRICES / PAYMENT telecommunications systems, transport incidents or failings, Prices mentioned in our price list are quoted in EURO, they are strikes, lock-outs, import or export restrictions or embargoes. ex-works prices and are net of the statutory VAT valid at the 11. APPLICABLE LAW AND JURISDICTION time. They are valid yearly from 1st January until 31thDecember. The interpretation and execution of the Terms and all acts All items are invoiced on the basis of the price applicable at arising from them, shall be subject to French Law. Any dispute the time the order is placed. If the Customer does not require as to their validity, interpretation or execution shall be submitted Ex-works Carquefou incoterm, LABEL’TOUR will inform of the to the exclusive deliberation of the Tribunal de Commerce de appropriate transport costs according to the Incoterms 2000. Nantes. Payment must be made by SWIFT transfer before the goods are dispatched. The banking details are as follows : Bank name : TARNEAUD Code SWIFT : TARNFR2L IBAN (International Bank Account Number) : Understood and accepted by Purchaser: FR 76 1055 8022 5022 5425 0020 193 05. DEPOSIT If an order is cancelled by the Client, the sums already paid by the Client remain the property of LABEL’TOUR, without prejudice to any of LABEL’TOUR’s other rights. Date: 113