Page 95 - Bugatti - 2018 Catalogue

TERMS & CONDITIONS
1 Content and conclusion of the Agreement
Bugatti Bugatti Group Inc its a a a a a a a a liates or or subsidiaries (“Bugatti”) hereby agrees to to provide provide the the the the goods or or or or or or services (the “Supply”) to to the the the the purchaser (“Purchaser”) as as as as as as provided for in in in a a a a a a a a a a a a purchase purchase order order order online order order order email or or or or or or other communication con con rming an an an an order order order (“Con rmation rmation of of Purchase”) The Con Con rmation rmation of of Purchase Purchase and and the the the the the present terms and and conditions as as as as well as as as as any document referred to to therein or attached thereto between between the the the the the the the parties parties shall constitute the the the the the the the entire agreement agreement between between the the the the the the the parties parties (the “Agreement”) and supersede any verbal agreement agreement or or or or or document prior prior or or or or or concomitant that may have existed in the the the the the context of of the the the negotiations prior prior to to the the the issuance of of an an an an an order order The present terms and and conditions shall also apply to to to any subsequent orders between Bugatti and and and a a a a a a a a a a a a a a a a a a Purchaser even when these have not been speci cally agreed to to again Deviating terms terms and and and conditions conditions or or counter-con rmations of the the the purchaser or or verbal agreements are are invalid Modi cations to these terms terms and and conditions conditions are are only valid valid with Bugatti’s written con con con rmation rmation Any o o o o o o o o o o o o o o o o er er er er or proposal made by by Bugatti Bugatti are subject to con con rmation rmation rmation by by the Purchaser shall be non-binding until a a a a a Con rmation rmation of Purchase 2 Binding Agreement
Purchaser’s order shall be deemed accepted subject exclusively to this Agreement
upon the the the the the earliest of of of Bugatti’s written acknowledgement or or or or or statement of of of of intent to to furnish furnish the the the the the Supply or or or or or or the the the the the furnishing or or or or or or shipment thereof or or or or or or the the the the the commencement of of performance by Bugatti pursuant to to this order 3
Prices
Except as as as expressly provided on on on on a a a a a a a a a a Con rmation of Purchase prices are xed and rm rm rm rm Payment terms shall be those speci ed ed ed ed ed on on on on on on on an an invoice purchase order or or Con rmation of of Purchase All quoted prices are based on on on on the the the current exchange rates tari s s s s s s s s s s s s s and costs of of manufacture Unless otherwise stated in the the the quotation quoted prices are are subject subject to to change change by Bugatti with with or or or or without notice until Con rmation of Purchase Prices
are are subject subject to to correction for error 4 Delivery and performance Delivery schedules are are approximate and are are based on on on on on prevailing market conditions applicable respectively at at at at at the time time of of Con rmation of of Purchase Unless speci cally indicated in in in in in writing by by by Bugatti any proposed delivery times by by by a a a a a a a a a a a a a a a third party are are described as as estimated and are are non-binding If by by by reason of of of an an an event of of of Force Majeure Bugatti is is obliged to suspend suspend the the the Supply the the the performance of of of this Agreement
shall shall be be suspended throughout the the the period during which it is is is unable to ensure deliveries and such suspension shall shall not be be deemed as as as a a a a a a a a a a a a breach of of of this this Agreement
Agreement
As soon as as as the the the the e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e ect of of of the the the the obstacle arising from the the the the the Force Majeure has ended the the the the the obligations of of of this this Agreement
Agreement
shall shall once again come into e e e e e e e e e e e e e e e e e e e e e e e e e e e e ect and shall shall remain remain in in in in in in force throughout the the the the the the the remainder of of of the the the the the the duration thereof In the the the the the the event that the the the the the the period of of of suspension exceeds three (3) months either party party party may terminate this Agreement
forthwith and each party party party shall not be obliged to compensate the the the the other party party party in in any way At Bugatti’s discretion it it may withdraw fully or or or or partially from the the the the unful lled part part part part of the the Agreement
Bugatti Bugatti shall not be responsible or or or or or or liable for any loss or or or or or or damage incurred by Purchaser herein resulting from Force Force Majeure Majeure “Force Majeure” shall mean any event or or or or condition not not not existing as as as as as of of of of the date date of of of of entering of of of of this Agreement
not not not reasonably reasonably foreseeable as as as as of of of of of such date date and not not not reasonably reasonably within the the the the control of of of of either party which which prevents in in in whole or or or or in in in material part part part the the the the the performance performance by one of of of of the the the the the parties of of of of its obligations obligations hereunder or or or or or which which renders the the the the performance performance performance of of of such such obligations obligations so so di cult or or or or or or costly as as to make such such performance performance commercially unreasonable Without limiting the the the foregoing the the following shall constitute events or or or or or conditions of of of Force Majeure: acts acts of of of State or or or or or governmental action re re earthquake hurricane war ood acts acts of of of of terrorism explosion and and unavailability of of raw material transportation strikes strikes and and delays strikes strikes or or or or or or or partial or or or or or or or complete work stoppage or or or or or or or lock-outs in in in industries or or or or or businesses operated by third parties concerned with the the manufacture of the the Bugatti products 5 Changes and cancellation
Orders accepted by by Bugatti Bugatti Bugatti are not subject to changes or cancellation
by by Purchaser except with Bugatti’s written consent In such cases where Bugatti Bugatti Bugatti Bugatti authorizes changes or or cancellation
Bugatti Bugatti Bugatti reserves the right to charge Purchaser with with reasonable costs based upon expenses already incurred and commitments made Bugatti Bugatti including including without limitation any labour done material purchased and and and also including including Bugatti’s Bugatti’s usual overhead and and and reasonable pro t t t t t t t and and cancellation
charges from Bugatti’s Bugatti’s suppliers 6 Retention of title
The Supply shall remain the property of of Bugatti until full payment of of all all outstanding amounts which which include claims which which may arise for whatever legal reason In the the the event that the the the Purchaser is is is is in in in in default of payment Bugatti shall be entitled to reclaim the the the Supply without this this constituting a a a a a a a a a a a a a a a a a withdrawal from this this Agreement
or or a a a a a a a a a a a a a a a a a waiver of our claims claims until such claims claims are satis ed ed Moreover Bugatti reserves the the right to set-o and compensate against any amounts due or payable by the the Purchaser 7 Warranty and liability
The Supply Supply sold hereunder is is covered by a a a a a a a a a a a warranty against defects in in material and and workmanship provided the the Supply Supply is is is subjected to normal use and and service The The applicable warranty warranty period is is is is twenty-four (24) months from the the the the date on on on which the the the the Supply Supply has received the the the the Supply Supply The The obligation under this warranty warranty is is is limited to to the the the repair or replacement at at at at at Bugatti’s option of of defective parts provided that that prompt notice of of of any defect defect is given by Purchaser Purchaser to to Bugatti Bugatti in in in writing within the the the the applicable warranty period and that that upon the the the the Purchaser’s return of of the the the the the defective item to to to Bugatti Bugatti Bugatti or if designated by Bugatti Bugatti Bugatti to to to another location an an an an inspection thereof shall reveal to to to Bugatti’s satisfaction that Purchaser’s claim is is is valid under the the the the the terms of of this warranty warranty Bugatti Bugatti makes no warranty warranty other other than the the the the the one set forth herein All other other warranties legal expressed expressed or or or implied implied including but not limited to any expressed expressed or or or or or implied implied warranty of of of merchantability of of of tness for the the the intended use thereof or or or against infringement are hereby expressly excluded The applicable warranty ceases to to be e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e ective if the the the the Supply is altered or or or or or or or repaired other than by by persons authorized or or or or or or or approved by by Bugatti to to perform such work Repairs or or or or or or or replacement deliveries do not interrupt or or or or or or or prolong the the the term of the warranty Bugatti shall shall not be be liable for and shall shall be be held harmless by Purchaser from any damage losses or or or or or claims of of whatever kind contractual or or or or or delictual consequential or or or or or or incidental direct direct or or or or or or indirect arising out of of in in in in in in connection with or or or or resulting from the the sale governed hereby or or or or the the Supply and and and any and and and all claims actions suits and and and proceedings which may be instituted in in in in in respect to the foregoing 8 Returns
No Supply may be returned to to to to Bugatti Bugatti Bugatti without Bugatti’s prior written permission Bugatti Bugatti Bugatti Bugatti reserves the the the right to to to to to decline all returns or or or to to to to to accept them subject to to to to to a a a a a a a a a a a a a a handling/restocking charge Even after Bugatti Bugatti Bugatti has authorized the the the the the return return of of goods goods goods for credit credit Bugatti Bugatti reserves the the the the the the right to to to adjust the the the the the the amount of of of of any credit credit given to to to Purchaser on on on on on return return of of of the the the the the goods goods goods goods based on on on on on the the the the the conditions of of of the the the the the goods goods goods goods on on on on on on arrival in Bugatti’s warehouse Credit for returned returned goods goods goods goods will be issued to to Purchaser Purchaser only only where such goods goods goods are are returned returned by by Purchaser Purchaser and not by by any subsequent owner of the the the goods goods Goods will be considered for return return only only if they are in in in their original condition and packaging 9 Governing Law
This Agreement
shall be be governed by and and construed in in in accordance with the the the the laws laws of of of of of the the the the the the the Province Province of of of of of Quebec and and the the the the the the the laws laws of of of of of Canada applicable therein Each party hereto attorns to to to the the the the the the exclusive jurisdiction of of of of of of the the the the the the Courts of of of of of of the the the the the the Province Province of Quebec 10 Severability
If any of the provisions contained in in in in this Agreement
is is is is found to be be invalid or or or unenforceable such such such provision provision must when possible be be interpreted limited or or or or or if necessary divided as as to to eliminate such such such invalidity or or or or unenforceability In such such such case all all other provisions contained herein shall remain valid valid and continue to to to bind the the parties hereto 11 No Waiver
Any waiver waiver waiver by Bugatti of of of of any any part part of of of of this Agreement
must be be in in writing to be be e e e e e e e e e e e e e e e e e e e e e e e e e ective A A A A waiver waiver waiver waiver shall not constitute either (i) a a a a a a a a a a a a a waiver waiver waiver waiver of of of of any any other other part part of of of of this Agreement
or (ii) a a a a a a a a a continuing waiver waiver waiver unless otherwise expressly stated in in in in writing ***Prices subject to change without notice***
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