GENERAL CONDITIONS OF SALE JMA-DISTRIBUTION INTERNATIONAL & SOLUTIONS

Article 1 PREAMBLE:

It is agreed between the Client and JMA-Distribution International & Solutions SAS (with capital of 5,000 Euros, RCS NANCY n°927 780 031, head office 2 rue Malherbe, 54630 RICHARDMENIL)

Hereinafter the “Company”, acceptance of the following general conditions of sale (the “Conditions”). The term “Client” means any legal person purchasing the tool(s) or product(s) and services sold by the Company (the Products) or entering into negotiations for this purpose. The purpose of the Conditions is to establish the rights and obligations of the Company and the Client (together the “Parties”) in the context of any service or delivery carried out by the Company to the Client and subject to invoicing ( the Contract in the case of sales by Distribution networks, or by merchant site). The Conditions enter into the relationship between the Parties by their inclusion in a possible quote, a possible purchase order, a possible order acknowledgment or an invoice directly after installation or delivery. They apply from the start of the relationship between the Parties. They constitute the basis of negotiations between the Company and the Client. The Customer acknowledges having read it fully and waives the right to rely on its purchasing conditions for any clauses contrary to the Conditions. The conclusion of the sale between the parties or by the merchant site or of the Contract implies full acceptance of the Conditions regardless of the clauses that may appear on the Customer's documents. The Contract in the case of sales through Distribution networks, or the sale between the parties, or the sale through the company's merchant site is concluded, as the case may be, either at the time of signature by the Customer of the possible order form, either by issuing the possible order acknowledgment by the Company, or finally at the time of acceptance of the possible delivery slip by the Customer, or of the invoice directly after installation or delivery, or acceptance of these general conditions of sale in the event of purchase by the merchant site of the society. Any complaint relating to a possible acknowledgment of receipt or delivery must reach the Company within eight days of sending it. In the event of a contradiction between the Conditions on the one hand and the offer, the possible order form, the possible order confirmation or the possible invoice or directly after installation or delivery on the other hand, it is the possible offer, the possible purchase order, the possible order confirmation or the invoice directly after installation or delivery which prevails. This preamble is valid for direct physical sales between the parties, but also for sales made by the company's merchant site, or by intermediaries, Distributor network sales if this is the case.

Article 2 PRICE

The prices are established according to the economic conditions of the day of the possible offer or, where applicable, the order form if physical order between the two parties, or the order in the case of ordering by the merchant site of the possible company and may be modified depending on variations in supplier prices. They can be revised at any time depending on the variation in the cost of their constituent elements, in compliance with current legislation. Prices are given for equipment installed or removed or ordered and paid for in cash at our factory, except when shipping costs are expressly indicated.

Article 3 DEADLINES

The deadlines specified in the offers are given in good faith. Their excess cannot, for any reason whatsoever, justify the cancellation of any orders in progress or give rise to penalties or total or partial reimbursement. In particular, the Customer declares itself informed of the shortage situation existing on the market of electronic or mechanical components constituting the Product and of certain materials and acknowledges that this situation may lead to stock shortages which lead to increases in delivery times of the Product. Company, or simply because of the time required for manufacturing.

Article 4 CANCELLATION

In the event of possible suspension or cancellation of orders after their confirmation, prices and payment deadlines are maintained.

Article 5 PAYMENT TERMS

All orders through the company's merchant site are made in full in cash, either by secure payment by credit card or by transfer. No order is taken into account without full payment for the order. Deliveries will be made in chronological order of payments received and collected. For contracts in the event of sales by Distribution networks The deadlines set in the offers and in the order confirmations are mandatory. More generally, the Company reserves the right to request any payment guarantee for the Products, as well as to send cash on delivery. Any late payment automatically entails, and without formal notice, the payment of late payment interest equal to twelve times the legal interest rate applicable in commercial matters. Furthermore, for network sales contracts in the event of late payment, the Company reserves the right to suspend or cancel any orders in progress, without prejudice to any other recourse. No discount is given for early payment. For any other possible product that the company could sell without going through the merchant site, it should be specified that in the absence of payment by the Customer by any due date, the Contract in the event of sale via network, may be terminated automatically. by the Company to the exclusive fault of the Client, upon simple notification by registered letter. From now on, if such an eventuality were to occur, the Customer authorizes the Company without restriction to take back the Products covered by the Contract upon first request. The Company will retain the deposits received for depreciation in value and various damages and reserves the right to take legal action against the Client. In addition, a flat rate fee of five hundred and fifty euros excluding taxes per Product will be invoiced to cover travel, accommodation and uninstallation costs depending on the product and even if the product does not require uninstallation. When the Company installs a Product other than the EASY-CAB pneumatic cabin lift product, on a Customer's machine, the price of this Product and the installation service is to be paid at the time of receipt of the Product installed, by check. Exceptionally, payment by bank transfer may be accepted at the discretion of the Company.

Article 6 TRANSPORT – INSURANCE

The goods always travel at the risk of the recipient, whatever the mode of transport, in France or abroad. Packaging is not taken back by the Company. In any case, it is the Customer's responsibility to check deliveries upon arrival. In the event of damage or loss of the delivered goods, even partial, it is up to the Customer to make all reservations vis-à-vis the carrier on the consignment note; as well as to notify any incident by extrajudicial act or by registered letter addressed to the carrier within the legal deadline; as well as taking any useful measure to safeguard their rights.

Article 7 CONTROL AND COMPLAINTS

Verification and control of the quality and quantity of the tools or materials delivered may in no case exceed eight days after receipt of the goods. Any claim after this period will be considered void.

Article 8 WARRANTY

A three-year guarantee is granted by the Company on the Products sold by the merchant site. It runs from the date of delivery or installation for any other Products, if applicable. The guarantee is strictly limited to the restoration of the goods on the Company's premises (excluding transport costs) or to the replacement of supplies recognized as defective, any implementation costs at the Customer's premises remaining excluded from this guarantee. This warranty does not cover consequences due to normal wear of parts, negligence or abnormal use of the Product. It also does not cover the consequences of the defects observed. No one may rely, for the award of compensation, on the opposition or possible observations of a control body in the context of the implementation of the Products supplied by the Company. At the time of delivery, the tool or product is associated either with a machine or a vehicle or a fleet depending on the product or tool. The Customer is forfeited from the guarantee when the tool or product has been modified, opened, or used contrary to the usual recommendations. The Customer is required to keep the delivery note(s), or the installation report(s) in order to assert his rights. The Customer is forfeited from the guarantee in the event of intervention on the tool or product or use inappropriate for its use or destination, in the event of unsuitable storage as well as in the case where the tool or product has not been used by the Company or by a person authorized for its use. The Company's liability is limited to the price of the Product or tool sold. The Customer must respect the conditions of use of the tool(s) or products sold and must use them in accordance with the technical prescriptions and advice for use as indicated in the user manual provided by the company. Failing this, the Customer will immediately and completely forfeit the benefit of the contractual guarantee applicable to the tools or Products sold through the merchant site. The Company makes no commitment as to the speed of lifting or lowering a truck cabin. In fact, it should be noted that in the case of an air compressor with a capacity of less than 1100 liters per minute, the performance of raising and lowering the cabin will not be reduced, the ideal is a compressor with a minimum capacity of 1500 liters of air per minute. Any claim in the event of non-compliance with this information cannot under any circumstances be the subject of a request for total or partial reimbursement, or any other partial or total compensation. It is the same for the output drive “square” on the EASY-CAB tool, in fact an extension with an exagonal of 30mm is provided for the MAN and MERCEDES brands and a socket for other brands with an exagonal 22mm is also provided. It is and only these two accessories that must be used. If we notice after expertise that the EASY-CAB output drive “square” is worn and rounded, which will no longer allow the EASY-CAB tool to perform efficiently, this will be proof that other extensions or sockets were used. Replacement of the “square” tool drive output shaft will be refused without appeal. In fact, these two extensions are expressly perfect and adapted to the EASY-CAB tool; no other extension or workshop socket should replace them. Regarding the pneumatic motor of the EASY-CAB tool, it operates exclusively with dry air; if you use lubricated air, no warranty will be provided by the company. These instructions must be strictly respected. Failure to comply with these systematically results in the denial of warranty. If replacement or repair is possibly possible, it will be invoiced as well as any other costs attached to this operation.

Article 9      PRODUCT DEVELOPMENT

The Company reserves the right to develop its Product offering without prior information from the Customer, and to develop or modify its merchant site at any time without any obligation to inform customers.

Article 10 DAMAGES & INTERESTS

The Customer cannot claim compensation for any reason whatsoever, in particular in the event of damage distinct from the subject of the Contract.

Article 11 CONFIDENTIALITY

In the event of sales by a distribution network, the Customer (exclusive distributor or not) undertakes not to communicate to third parties the prices that the Company has granted to it, as well as any information relating to the manufacturing and operation of the Products. This article does not concern sales by the merchant site

Article 12 SUITABILITY OF PRODUCTS

The customer acknowledges having been fully informed about the nature, quality and use of the tool(s) or Product(s). He declares that the tool(s) or Product(s) correspond to the use envisaged by him. Consequently, the Company cannot be held liable for any unsuitability of the Products for the intended use. It acknowledges having found all the necessary information on the merchant site and allowed it to make the purchase with full knowledge of cause and may in no case make any reproach afterwards and may in no case request compensation or reimbursement of any nature whatsoever.

Article 13 RESERVATION OF OWNERSHIP

All orders through the company's merchant site are made in full in cash, either by secure payment by credit card or by transfer. No order is taken into account without full payment for the order. For contracts in the event of sales through Distribution networks, the Company remains the owner of the goods delivered until full payment of their price, notwithstanding the transfer of civil liability and risks of the goods to the Customer from the day of delivery. As long as the price is not paid in full, the Products delivered will be in the custody of the Customer, who must assume the risks and keep them as a “reasonable person”. The Customer undertakes not to pledge the goods, modify them, sell them or transfer them as security before full payment. In the event of seizure of Products not fully paid for, the Customer undertakes to notify the Company without delay.

Article 14 AMICABLE RESOLUTION – COMPETENT JURISDICTION

Concerning distribution through the establishment of a network of Distributors, In the event of disputes relating to the interpretation, validity or execution of the Contract, the Parties agree to deploy their best efforts, within one month from the notification of the existence of a dispute by one Party to the other Party, in order to settle the dispute amicably, in particular by using the services of a mediator. The choice of domicile is made by the Company at its head office. In the event of a dispute relating to the execution of a sales contract or the payment of the price, as well as in the event of a dispute relating to the interpretation or execution of the clauses and conditions indicated above, the court of headquarters of the Company has sole jurisdiction, regardless of the place of delivery, the method of payment accepted, and even in the event of a warranty call or multiple defendants. This article does not concern sales through the company's merchant site.