Article 1: object
The purpose of these general conditions of sale (GTC) is to define the rights and obligations of Strategeex SAS, located at 26 rue Benoît Bennier 69260 Charbonnières-les-Bains, registered with the RCS of Lyon under number 539_cc781905-5cde-3194- bb3b-136bad5cf58d_567 230, and its client in connection with the sale of products and services offered for sale by Strategeex to the client.
Article 2: Scope and enforceability of the General Terms and Conditions of Sale
These general conditions of sale (GTC) constitute the basis of commercial negotiation and are systematically sent or given to each customer to enable him to place an order.
They prevail over any other document and in particular over the conditions of purchase, except formal and written acceptance by Strategeex. Any contrary condition opposed by the customer will therefore, in the absence of express acceptance in the contract, be unenforceable against Strategeex, regardless of when it may have been brought to its attention.
The fact that Strategeex does not take advantage at a given time of any of these general conditions cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
Strategeex reserves the right to modify its T&Cs at any time. In the event of modification of the T&Cs, the applicable T&Cs are those in force at the time the order is placed.
Article 3: Definitions
For the interpretation of the present, the client and Strategeex agree to give to the terms and expressions listed below, the following meanings.
Hosted application : computer program hosted on the servers of Strategeex or one of its subcontractors and executable remotely by the client.
Client: any natural or legal person who, for the purposes of his professional activity, wishes to acquire one or more of the services or products offered by Strategeex.
Service Contract : refers to the contractual documents governing the rights and obligations that would be concluded between the Parties regarding the Services.
Software: designates the software(s) including updates and upgrades and documentation for which Strategeex has a marketing right allowing it to grant a right of use to the client.
Services : refers to the services offered by Strategeex, namely :
- Realization of adaptations on the basis of specifications
- Website hosting
- Support, technical assistance and maintenance
- Provision of Hosted Applications
Parties : collectively refers to Strategeex and the Client.
Price : the unit value of a Product or Service ; this value is exclusive of tax and exclusive of
Products: refers to the products offered by Strategeex including the Software as well as the Computer Hardware.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
Article 4: Modifications/deletion of Services and Products
Strategeex reserves the right to make any modification or deletion it deems useful to its Products and Services at any time.
For successive performance Services, Strategeex may throughout the duration of the Service, including during the initial duration, make any modification or deletion at any time, subject to informing the Customer by registered letter with acknowledgment of receipt subject to compliance with three (3) months notice.
In the event of significant changes to the conditions of performance of a Service by Strategeex, the Client has a period of thirty (30) days to request from Strategeex a renegotiation of the conditions of the Contract. In the absence of agreement before the entry into force of these significant modifications to the Service, the Customer may terminate the Contract early in accordance with article 17 below.
Deletions leading to the end of the supply of only the Products and/or Services concerned to the Customer, these deletions will not lead to the termination of Contracts relating to other Services and/or Products in progress.
Article 5: Formation of the contract
The estimate and/or the commercial proposal established by Strategeex is an offer to contract. They are valid for 25 calendar days from their date of establishment.
The contract is only formed by the unreserved acceptance by the Customer of the conditions appearing in the estimate (hereinafter the " Contrat ").
This acceptance of the estimate is materialized by the placing of an order by the Customer. The Customer places an order by editing and returning by fax, mail or e-mail a service order containing all the elements of the commercial proposal and in particular the reference of the estimate.
The benefit of the order is personal to the Customer and cannot be transferred without the agreement of Strategeex.
Any modification requested by the Customer can only be taken into consideration if it is received in writing before the shipment of the Products, it being specified that Strategeex alone reserves the right to respond to such a request.
Article 6: Duration
Except in the event of early termination, the licenses associated with the Software and/or Hosted Applications are granted to the Customer for the duration specified in the Contract. In the absence of a term specified in the Contract, the licenses associated with the Software are granted for a perpetual term, except in the event of early termination of the Contract.
Similarly, a Service Agreement has the term specified in such Agreement.
For sequential performance Contracts, the initial term is stated in the Contract. At the end of the initial term, these Services are renewable by tacit agreement, for a period of one year unless terminated by one of the Parties sent to the other by registered letter with acknowledgment of receipt at least 3 ( three) months before the end of the current contractual period.
Article 7: Delivery of Products and provision of Services
7.1. Delivery times of the Products and provision of the Services
The delivery time of the Products and/or the time of provision of the Services, indicated by Strategeex in the Contract, is given for information only and is in no way guaranteed.
Deliveries of the Products are only made according to availability, supply and transport possibilities and in the order of arrival of the orders. Strategeex is authorized to make deliveries in whole or in part.
Consequently, any reasonable delay in the delivery of the Products and/or in the provision of the Services cannot give rise to the Customer's benefit of the allocation of damages or the cancellation of the order.
7.2. Mode of delivery of the Products and provision of the Services
The Products will be delivered and the Services will be made available to the Customer at the address indicated by the Customer in the Contract.
Unless otherwise stipulated or special conditions, the Software will be delivered either by post in the form of object codes on a physical medium or by download, in particular by SaaS mode for hosted Applications.
For Services other than training, an acceptance report will be given to the Customer for signature. For any training provided by Strategeex, a certificate of attendance will be given to the Client for signature.
Deliveries of the Products are made according to the Incoterm Ex Works, unless otherwise agreed between the Parties (ICC 2010). Consequently, the Customer is in particular liable for transport costs, customs fees and bears the burden of the risks relating to the transport of the Products.
Where applicable, the Customer agrees to pay upon receipt, all taxes, duties, taxes and other present and future charges due for the delivery of the said Products themselves, Strategeex's liability cannot at any time be engaged in this capacity.
Upon receipt of the Product ordered, the Customer or the recipient must check that the Product is working properly.
In the event of Products missing or damaged during transport, the Customer must make all the necessary reservations on the delivery note upon receipt of the said Products. Under Article L 133-3 of the Commercial Code, these reservations must also be notified to the carrier by registered mail with acknowledgment of receipt within three (3) days of delivery. The Customer must also notify these reservations by registered mail with acknowledgment of receipt to Strategeex, within eight (8) days of delivery of the Products.
Failing to do so, the Customer cannot make any claim to Strategeex for apparent defects.
It will be up to the Customer to provide any justification as to the reality of the defects or anomalies observed. He must allow Strategeex every facility to proceed with the observation of these defects and to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose.
Article 8 : License and Rights granted to the Customer
Strategeex grants the Customer the possibility of using the Software in accordance with the user license specific to the Software concerned and communicated to the Customer at the same time as the conclusion of the Contract. The license will appear on the screen of the destination computer station of the Software during its first use, with a view to its acceptance by each user.
The Customer guarantees that the Software users will comply with the provisions appearing in the License.
No rights other than those referred to in the License are granted to the Customer.
As part of the Hosted Applications, the Client authorizes Strategeex to store and represent the content submitted and/or transmitted by the Client or the user and protected by intellectual property rights.
Article 9: Price, invoicing and terms of payment
9.1 Price : Services and Products are provided at the prices in effect at the time the order is placed, which prices are an integral part hereof.
Unless otherwise agreed, the prices are denominated in euros and are understood to be excluding taxes, transport not included, on the basis of the prices communicated to the Customer.
Any tax, fee, duty or other service to be paid in application of French regulations or those of an importing country or a transit country are the responsibility of the Customer.
For all on-site interventions, prices do not include accommodation, catering, travel and room rental costs. These are invoiced directly to the Customer at the end of the intervention, and the amount corresponds to the actual costs.
Strategeex reserves the right to modify its prices at any time, subject to informing the Customer thereof prior to ordering. The new prices will apply to orders received after dispatch.
9.2 Invoice – Payment : unless otherwise stipulated, invoicing is done as follows:
- shipment for the sale of Products;
- on the anniversary date of the subscription, payable in advance, for the following Services : Website Hosting ; Support, technical assistance and maintenance ; the Provision of Hosted Applications.
- For other Services, as they are carried out.
Unless otherwise stipulated, invoices are paid by bank transfer or direct debit at 30 days net, following the date of issue of the invoice. Strategeex reserves the right to request a deposit.
No discount will be granted in the event of early payment.
9.3 Late or non-payment : in the event of late payment, Strategeex may suspend all operations in progress having been the subject of an accepted order, without prejudice to any other course of action . Any sum not paid on the due date appearing on the invoice entails the application of penalties of an amount equal to three times the legal interest rate and will be automatically liable for a fixed indemnity of_cc781905-5cde-3194- bb3b-136bad5cf58d_ recovery of forty (40) euros (law no. 2012-387 of March 22, 2012). The Client must reimburse all the costs incurred by the contentious recovery of the sums due, including the fees of legal officers.
These penalties will be payable upon simple request from Strategeex.
In the event of non-payment, eight (8) days after a formal notice remained unsuccessful, the Contract may be terminated by Strategeex.
The resolution will concern not only the order in question but also all previous unpaid orders, whether their payment is due or not. In the case of payment by bill of exchange, failure to return the bill will be considered as a refusal of acceptance similar to a default of payment.
Similarly, when the payment is staggered, the non-payment of a single installment will result in the immediate payment of the entire debt, due or not, without prior notice.
Under no circumstances may payments be suspended or be the subject of any compensation without the prior written consent of Strategeex. Any partial payment will be deducted first from the non-privileged part of the claim, then from the sums for which payment is the oldest.
Any deterioration in the Customer's credit may justify the requirement of guarantees or payment in cash or by draft payable at sight, before the execution of the orders received. This will be the case in particular if a change in the capacity of the debtor, in his professional activity, or if an assignment, rental, pledge or contribution of his business has an adverse effect on the Customer's credit.
Article 10 : Personal data - Confidentiality
10.1. Customer's personal data
The information requested from the Customer is necessary to process the order.
In the event that the Customer agrees to communicate individual personal data, in accordance with the Data Protection Act of January 6, 1978 as amended in 2004, the latter has a right of interrogation, opposition, rectification and deletion concerning his personal data by writing to Strategeex at the address indicated in article 1.
10.2. Confidential information
The Contract as well as all information, data, technical formulas or concepts exchanged between the Parties or of which they become aware during the execution of the Contract, in any form whatsoever including the Software, will be considered confidential (hereinafter the " Confidential Information ").
Each of the Parties undertakes to protect the Confidential Information of the other Party, not to disclose it to third parties without the prior written authorization of the other Party and not to use it for purposes other than performance of the Contract. As such, the Parties undertake to ensure that this obligation of confidentiality is respected by their employees, consultants and any subcontractors.
Each of the Parties shall be released from its obligations of confidentiality with respect to all information :
qui étaient in the possession of this Party before its disclosure by the other Party without such possession resulting directly or indirectly from the unauthorized disclosure of this information by a third party,
qui font part of the public domain on the date of acceptance of the Contract or which would fall into the public domain after this date without the cause being attributable to the non-compliance by this party with its confidentiality obligations under the Contract,
qui ont been independently developed by that Party, or
dont la disclosure is required by law or a competent judicial or administrative authority, or made necessary for the purposes of legal action and/or proceedings.
The Parties undertake to respect the obligations resulting from this article throughout the duration of the Contract as well as for three (3) years following its termination.
Each of the Parties undertakes to return to the other Party, as soon as possible after the termination of the Contract for any reason whatsoever and at the request of the other Party, all the documents given to the other Party under the Contract.
Article 11: Intellectual property
The conclusion of the Contract does not transfer any right of ownership over the Products, including the Software.
Strategeex grants the Customer in return for full payment of the price of each item ordered a personal, non-exclusive, non-assignable and non-transferable right to use the Software and/or Hosted Applications appearing in the description of the items ordered according to the terms and conditions set out in the Software license and the General Conditions of Use for Hosted Applications.
The Customer is therefore prohibited from making any corrections whatsoever to the Software.
The name of the Strategeex brand, as well as all figurative or non-figurative brands, illustrations, images and logotypes, appearing on the Products, whether registered or not, are and will remain the property of their respective owners.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Strategeex or the respective owners, is strictly prohibited.
The same applies to all copyrights, designs, models and patents.
In general, within the framework of the Services, the intellectual property rights assigned to the Client do not extend to the means or tools used by Strategeex, whether or not subject to specific protection (copyright, patent , trademark, etc.) or to inventions, methods, know-how used, born or developed during the service or to pre-existing works belonging to it or belonging to its subcontractors or third parties.
Notwithstanding the foregoing, unless expressly requested otherwise by the Client, Strategeex may mention the name of the Client (and/or use its logo) as well as a description of the nature of the Products and/or Services covered by the Contract, in its reference lists. and its technical and commercial proposals, communications to its staff, internal management documents, annual report to shareholders and other legislative and regulatory obligations, as well as in any publicity project, press articles or other communications relating to the Contract.
Article 12 : Non solicitation of Strategeex personnel
The Client is prohibited from soliciting, poaching, offering a job, hiring or having an employee or agent of Strategeex work directly or indirectly without the prior written consent of the latter, even if the initial solicitation is made by the employee -same.
This prohibition applies throughout the duration of the Contract binding the Parties and twelve (12) months following the termination of this Contract for any reason whatsoever.
Any violation of these prohibitions will automatically result in the payment by the Customer of compensation equal to twelve (12) times the last gross monthly salary of the employee hired under these conditions.
Article 13 : Retention of title
THE TRANSFER OF OWNERSHIP OF THE PRODUCTS IS SUSPENDED UNTIL FULL PAYMENT OF THE PRICE OF THESE BY THE CUSTOMER, IN PRINCIPAL AND INCIDENTAL, EVEN IN THE EVENT OF GRANTING OF PAYMENT DEADLINES. BY EXPRESS AGREEMENT, STRATEGEEX MAY ENJOY THE RIGHTS IT HOLDS UNDER THIS RETENTION OF OWNERSHIP CLAUSE, FOR ANY OF ITS CLAIMS, ON ALL OF ITS PRODUCTS IN THE CUSTOMER'S POSSESSION, THE LATTER BEING CONVENTIONALLY PRESUMED BEING THOSE UNPAID, STRATEGEEX MAY RESUME THEM OR CLAIM THEM IN COMPENSATION FOR ALL ITS UNPAID INVOICES, WITHOUT PREJUDICE TO ITS RIGHT TO CANCEL CURRENT SALES. ALL RETURN COSTS WILL BE THE RESPONSIBILITY OF THE CUSTOMER. THE CUSTOMER CANNOT UNDER ANY CIRCUMSTANCES RESELL, PLEDGE OR GRANT SECURITY ON THE UNPAID PRODUCTS.
This clause does not prevent the risks of the products from being transferred to the Customer as soon as they are delivered to the latter, in accordance with the chosen incoterm.
Article 14: Responsibility of Strategeex - Warranty
Strategeex undertakes to take the best care, in compliance with the rules of its art, in the accomplishment of its missions. Its liability can only be incurred in the event of negligence for which it is the Customer's responsibility to provide proof. As such, Strategeex cannot be held liable in the event of non-performance or poor performance of the Contract by the Client. Strategeex is under no implicit or explicit obligation to ensure the maintenance of the Products or Services, including the Software provided to the Customer during the execution of this Agreement.
The Products, including the Software and Computer Hardware distributed and/or marketed by Strategeex, are guaranteed according to the licensing conditions of their respective publishers and/or manufacturers. As such, Strategeex will refuse any return of Products and cannot be held responsible for any failure of the manufacturer and/or publisher under this warranty.
In the absence of a manufacturer's and/or publisher's warranty, the Products are guaranteed against any material or manufacturing defect for the duration specified in the Contract and 30 (thirty) days for the Software from the date of delivery or download. Interventions under the warranty cannot have the effect of extending the duration of the latter.
Under this warranty, Strategeex's only obligation will be, at its option, the free replacement or repair of the product or element recognized as defective by its services, unless this mode of compensation proves impossible or disproportionate. To benefit from the guarantee, any product must first be submitted to Strategeex's after-sales service, whose agreement is essential for any replacement. Any shipping costs are the responsibility of the Customer, who cannot claim any compensation in the event of immobilization of the goods due to the application of the guarantee.
Strategeex's warranty / liability is excluded for apparent defects, for damage which is not proven to be the result of defective materials, faulty workmanship or workmanship, such as damage due to wear and tear damage, insufficient maintenance, non-compliance with the conditions of use and/or operating instructions, excessive use, use of unsuitable equipment, chemical and/or electronic influences, as well as to other causes not attributable to Strategeex.
The warranty obligation for the Products, including the Software or Services, is extinguished if the Customer or third parties carry out, without the express agreement of Strategeex, modifications or repairs to the thing delivered or if they misuse
The Client acknowledges that under no circumstances does Strategeex verify the configuration of the Client's system and/or analyze the adequacy of the Products and/or Services to the Client's needs. The Customer acknowledges having received from Strategeex all the necessary information allowing him to assess the suitability of the Products and/or services to his needs.
As such, Strategeex cannot under any circumstances be held responsible for the interpretation or use of the results of the Products or Services and in particular the solutions offered and recommendations. The Client, having only a perfect knowledge of his needs and objectives, is the sole master in the choice of a proposed solution, Strategeex excluding any liability in this regard. Each solution offered by Strategeex constitutes a global solution. Strategeex cannot guarantee the Customer the relevance of a solution partially implemented or modified by the Customer on its own initiative or having been the subject of a combination with one or more other solutions (unless such a combination is recommended by Strategeex).
In the event of doubt on the interpretation of a clause or in the absence of a statement enabling the extent of Strategeex's obligations to be determined, the Client acknowledges that Strategeex's obligations are understood as obligations of means.
UNDER NO CIRCUMSTANCES WILL STRATEGEEX BE LIABLE FOR COMPENSATION FOR INDIRECT DAMAGE, INCLUDING MORAL DAMAGE, LOSS OF CLIENTS, LOSS OF RESULTS, LOSS OF DATA, ETC. WHAT THE CUSTOMER COULD HAVE. NOR IS STRATEGEEX RESPONSIBLE FOR DAMAGES WHICH ARE DIRECTLY OR INDIRECTLY LINKED TO THE DEFECTIVENESS OF THE PRODUCT DELIVERED. THE ABOVE-MENTIONED EXCLUSION OF LIABILITY DOES NOT APPLY IN THE EVENT OF ILLEGAL INTENT OR SERIOUS MISCONDUCT ON THE PART OF STRATEGEEX, NOR WHENEVER A MANDATORY LEGAL PROVISION PROHIBITS ANY EXCLUSION OF LIABILITY.
IN ITS RELATIONS WITH THE CUSTOMER, UNDER NO CIRCUMSTANCES, EXCEPT FOR GROSS FAULT, WILL STRATEGEEX'S LIABILITY EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCTS OR SERVICES SUBJECT TO THE COMPLAINT. IN ANY CASE FOR SUCCESSIVE PERFORMANCE CONTRACTS, STRATEGEEX'S LIABILITY WILL BE LIMITED TO THE PRICE THAT IT HAS RECEIVED FROM THE CUSTOMER FOR THE SERVICES SUBJECT TO THE COMPLAINT DURING THE CURRENT DURATION, WITHOUT THIS DURATION CANNOT EXCEED ONE YEAR.
When the amount paid by the Customer corresponds to an indivisible set of Services and/or Products, for any claim relating to Services of this indivisible set, Strategeex's liability will be limited to the part of the price paid by the Customer for said Services. Similarly, when the amount paid by the Customer corresponds to an indivisible set of Services and/or Products, for any claim relating to Products of this indivisible set, Strategeex's liability shall be limited to the part of the price paid by the Customer for said Products.
Any complaint must be the subject of a registered letter with acknowledgment of receipt addressed to the headquarters of Strategeex within a period not exceeding one year from the date of discovery of the facts likely to found the said complaint.
THIS CLAUSE REMAINS APPLICABLE IN THE EVENT OF NULLITY, CANCELLATION OR TERMINATION OF THIS AGREEMENT.
Article 15: Customer's obligations
The Customer declares to have read the characteristics of the Products and/or Services that he wishes to acquire and the configuration that they require.
The Customer is responsible for the payment of all the sums invoiced, as well as for the execution of all the obligations subscribed to in these general conditions and in any special conditions.
Prior to any intervention by Strategeex, the Customer undertakes to back up all of its data.
As such, the Customer is solely responsible :
- the backup of the data that it uses or keeps on its information system,
- the implementation of the measures required for the protection of the security of its information system such as without this list being exhaustive, virus, fraudulent intrusion by any process known or not at this day.
Is expressly excluded from this Contract, all operations aimed at restoring or recovering lost or damaged computer data such as, without this list being exhaustive : programs, files.
The Customer undertakes :
-to accept the delivery of the Products ordered, insofar as they comply with the Contract and their documentation.
- to use the information and Services of Strategeex only for its own needs, without benefiting a third party, except with the express written authorization of Strategeex.
-to provide Strategeex, in a timely manner, with all the documents, information and/or authorizations necessary for the performance of the Services and/or Products ordered. This includes in particular, and without this list being exhaustive : deliverables, validations, pre-requisites, software licenses necessary for the performance of the service for which the royalties are at its expense, sources of applications.
- to set up the organization and allocate the human resources necessary for the smooth running of the work plan approved by the two Parties and to put Strategeex in contact with the identified resources and this, throughout the duration of the service, in compliance of the schedule that will have been established.
- to provide, in support of a request for correction following a defect in the Software, any information in its possession likely to facilitate the search for the causes of this defect.
- to proceed under its sole responsibility to the installation of the Software and Computer Hardware, except recourse to a Service.
- to ensure compliance with the Data Protection Act of January 6, 1978 as amended in 2004.
- to ensure that all safety provisions relating to working conditions, sites and equipment are effective and efficient
- to take the necessary steps to remove any impediment or remove any difficulty that would hinder the proper performance of the contract
Failing this, Strategeex's liability as defined in article 14 above cannot be retained.
Article 16 : Assignment - Transmission - Subcontracting
Under no circumstances may the Contract be the subject of a total or partial assignment, for consideration or free of charge, by the Client, without the express prior written authorization of Strategeex.
Strategeex reserves the right to use any subcontractor of its choice.
Strategeex also reserves the right to assign this Agreement without formalities, subject to prior notice to the Customer. The transferee institution will replace Strategeex from the date of sale. The transferee institution will become the Client's co-contractor, which it acknowledges and accepts ; the assignee agreeing to fully meet the rights and obligations arising from this Agreement.
Strategeex reserves the right at any time to transfer the benefits and charges of this Contract to any company or organization of its own choosing without being required to inform the Customer thereof, in compliance with the legislation in force and subject to to ensure the continuity of the Contract described herein.
Article 17: Suspension / Termination / Force majeure
17.1. Suspension and termination of the Contract
Strategeex reserves the right either to suspend or to terminate the Contract, by registered letter with acknowledgment of receipt :
- in the event of total or partial non-performance of its obligations by the Customer, in particular its obligation to pay, thirty-five (35) working days after a formal notice remained unsuccessful in accordance with Article 9.3,
- in the event of an unfavorable change in the financial or commercial situation of the Customer, which risks leading to a default in payment.
In the event of termination of the Contract, Strategeex will be released from its obligations. He will not owe any compensation to the Client as a result.
Each of the Parties may terminate the Contract thirty-five (35) days after a formal notice has remained unsuccessful, in the event of non-performance of its contractual obligations by the other Party. In the event of termination of the contract, whatever the cause, the Customer shall be required to pay Strategeex all the work carried out on the date of termination and Strategeex shall return to it all the work carried out by it at the said date, in the state in which they are.
17.2. force majeure
Strategeex cannot be held liable if the non-execution or the delay in the execution of one of its obligations results from a case of force majeure or a fortuitous event.
Force majeure includes in particular strikes of any kind, Strategeex's supply problems and in particular the termination for any reason whatsoever of contracts with Software publishers except for termination attributable exclusively to Strategeex, fire, flood, war, riots, social unrest, production stoppages due to accidental breakdowns.
The occurrence of a case of force majeure entails the immediate suspension of the execution of the Contract. In the event of extension of the case of force majeure for more than 60 days, the Contract may be terminated at the initiative of either Party, without right to compensation on either side.
Article 18: Jurisdiction clause / Attribution of jurisdiction
THESE TERMS AND THE TRANSACTIONS REFERRED TO THERE WILL BE GOVERNED BY FRENCH LAW.
THE COURTS OF LYON HAVE SOLE JURISDICTION TO KNOW ANY DISPUTES THAT MAY ARISE FOR ANY RESPECT OF THESE GENERAL CONDITIONS AND THE CONTRACTS TO WHICH THEY WILL APPLY.
Article 19 General provisions
The possible cancellation of one of the clauses or one of the paragraphs appearing in these general conditions, in particular by a court decision, cannot affect the other provisions which will continue to have their full and entire effect.
The fact for one of the Parties not to take advantage of a breach by the other Party of any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in cause.
Section 20: Evidence
In the event of a dispute, the Parties agree to consider the fax and the email as an original writing worth perfect proof and renounce to dispute this means of proof.