Kayme - Instrumentation - Innovation - Solution

Terms of purchases

I – GENERAL SUPPLIER  OBLIGATIONS :

The supplier has an obligation of results, especially as far as quality, durability, performance, safety of people and goods and prevention of injuries are concerned. He commits itself to advise KAYME and to correct defects or non-conformances of any kind at its own expenses within the shortest possible time.

II – SPECIFICATIONS :

The delivered goods must be in accordance with the order and any agreed product specification in terms of quality, quantity and description. Unless otherwise specified, the goods must also conform to applicable standards and laws. Orders shall not be executed partially or totally by any third party unless expressly agreed upon with KAYME.

Our orders are firm; we however reserve the right to cancel or modify them totally or partially whenever the acknowledgement of order differs from the terms indicated in our orders.

III – LIABILITY :

In addition to the contractual guarantees, suppliers are bound by the applicable legal guarantees including those concerning hidden defects

IV – PRICES  AND  TERMS  OF  PAYMENT :

The prices stated in our purchase orders are those agreed upon with the supplier. Invoices shall expressly indicate the origin, place of delivery, purchase order number as well as reference and description of the products. Any nonconforming invoice will be rejected and sent back to the supplier.

Three copies of the invoice shall be sent to us within the month following the delivery. Payments take place as agreed between KAYME and the supplier. Due date is running from the date of delivery. Whenever products are delivered before the requested date of delivery, payment will be based on the requested date of delivery.

V –DELIVERY CONDITIONS,  LATE  DELIVERY  PENALTIES :

Any order shall be formally acknowledged in writing, and indicate reference, description, price, ordered quantity and date of shipment of the products. The requested due date stated in our orders is the actual date of shipment from supplier's premises.

The supplier shall abide with the agreed upon delivery dates. In case of any delay the supplier shall inform KAYME in due course.

Deliveries take place at KAYME, ZA Parc Villaroy sud - 6, rue Georges Guynemer  F 78280  GUYANCOURT France, within opening hours: Monday to Friday 8 AM – 12AM and 12 :30 PM – 16 PM (Fridays 15 PM).

In case of delivery delays exceeding 5 working days KAYME will be entitled to charge penalties for late deliveries. Penalties do not release the supplier from its contractual obligations. Penalties will amount to 0.5% of the purchase order amount per day of delay up to a maximum of 5%. KAYME also reserves the right to cancel any delayed quantity

Rejected products will be kept at KAYME premises in 6, rue Georges Guynemer  F 78280  GUYANCOURT at the supplier's expenses and risks. Whenever the rejected products may be repaired before acceptance, repair conditions will be agreed upon between the supplier and KAYME. In case of emergency we reserve the right to undertake repair, all costs to be born by the supplier.

VI – PROPERTY TRANSFER  AND  LIABILITY :

Deliveries are at the supplier's risks and expenses. Risks and property are transfered only once products are received and accepted at the place of delivery, no matter if transportation costs are born by the supplier or by KAYME.

Drawings and sketches drawn on our behalf or provided by us remain KAYME sole property; they may not be copied, disclosed to third parties or used by the supplier for other products than those manufactured for KAYME, without any written authorization.

Should the supplier not comply with his contractual obligations, he would be responsible for any direct or indirect damage encountered by KAYME.

In case of subcontracting the supplier remains responsible for the good execution of the orders.

VII – DOCUMENTATION :

The supplier shall submit the relevant documentation in French including instructions of use as well as any document expressly requested in the purchase order.

VIII – TERMINATION OF CONTRACT :

KAYME is entitled to terminate a contract whenever the supplier fails to fulfil his contractual obligations. The contract will be terminated after a 7-day period of time if no response is being given to the notice sent by KAYME by recorded delivery post. Cancellation occurs without prejudice to damages of any kind.

IX – APPLICABLE LAW :

Any dispute will fall within the exclusive jurisdiction of the commercial court of F 78 Versailles. French law will apply.