Terms and conditions of sale

For the purposes of these General Terms and Conditions of Sale (“GTCS”), the following terms have the meaning defined herein, whether used in the singular or plural:

OCTÉ Lift: refers to the selling party to the sales contract.

Client: refers to any natural or legal person placing an order for, or purchasing, one or more Products from OCTÉ Lift.

Parties: jointly refers to OCTÉ Lift and the Client.

Management: refers to those legally empowered to represent OCTÉ Lift, including its directors, corporate officers, or any person holding power of attorney for that purpose.

Product: refers to the tangible goods manufactured, marketed, or distributed by OCTÉ Lift and subject to the Client’s order.

Order: refers to any request by the Client to purchase Products.

Quote: refers to the document prepared by OCTÉ Lift detailing Product characteristics, commercial terms and timelines.

1.1 These GTCS govern all sales of products made  by OCTÉ Lift and take precedence over all Client documents, in particular the Client’s general terms of purchase. However, if a clause of these GTCS conflicts with a provision of a specific contract, framework agreement, or duly accepted quote, the provisions of such specific document shall prevail only to the extent of the expressly agreed exception.

1.2 All Orders imply the Client’s full and unconditional adherence to the GTCS, regardless of the delivery location.

1.3 Information appearing on any OCTÉ Lift document (catalogues, electronic media, brochures, advertising documents) is provided for guidance only and may be changed at any time without notice. In particular, OCTÉ Lift reserves the right to change the technical product characteristics at any time without prior notice.

1.4 Any derogation from the GTCS granted by an agent, distributor or employee only binds OCTÉ Lift if accepted in writing by the Company’s Management.

1.5 Failure by OCTÉ Lift to enforce any provision of the GTCS does not constitute a waiver of the right to enforce such provision thereafter.

2.1 Quotes are valid for 30 days from transmission to the Client for sales in France and 60 days for sales abroad or to French overseas territories (DOM TOM).

2.2 Plans, documents and studies provided to the Client remain the property of OCTÉ Lift and may not be used or communicated to third parties without formal written agreement from OCTÉ Lift. They must be returned immediately if the quote is not accepted by the Client.

2.3 Any modification to the quote by the Client may alter the price and delivery period.

2.4 When a quote includes a survey to define the characteristics of a custom product, the Client’s agreement to said quote only constitutes an order for the survey. OCTÉ Lift will confirm the product nature, technical specifications, price and timelines only after the on-site survey and validation of results by its engineering department. In such case, a definitive quote reflecting technical conclusions will be provided to the Client for acceptance. Ordering customized products can only occur after acceptance of this final quote.

3.1 Orders must be placed in writing. They become irrevocable upon receipt of an “Order Acknowledgement” from OCTÉ Lift and from that point the Client can neither modify nor cancel the Order without written consent from OCTÉ Lift, which will then communicate the prices, deadlines and delivery terms for the modified Order.

3.2 In case of cancellation of the Order, OCTÉ Lift is entitled to compensation reflecting, in particular, the progress of technical studies and any manufacturing already performed.

3.3 Product returns are exceptional and require written agreement from OCTÉ Lift. Only products in new condition and original packaging, delivered within the past fifteen (15) days, and solely for exchange purposes, may be returned. Returns must indicate reference numbers and delivery dates. Absent written agreement, receipt of returned products does not constitute acceptance of a return by OCTÉ Lift. Special orders cannot be exchanged or returned.

3.4 Technical characteristics of OCTÉ Lift standard products are given for information purposes and appear in the catalogue and at www.octelift.shop.

3.5 OCTÉ Lift reserves the right to make acceptance of Orders subject to advance payment, the provision of guarantees, or the communication of accounting documents evidencing the Client’s solvency.

3.6 Where OCTÉ Lift builds up stock of Products at the Client’s specific request, the Client undertakes to purchase the entirety. In case of non-compliance, the Client shall pay for all Products remaining in stock and any storage-related costs (transport, handling, disposal, etc.).

4.1 OCTÉ Lift products are sold at the rate in effect on the Order date.

Prices are given excluding VAT (HT) in the relevant currency, set by the seller for sales in each country, except where a stated price is VAT inclusive (TTC).

For sales within the EU (including France), French VAT will be added in accordance with applicable laws. EU payments, except France, may be exempt from French VAT if the buyer provides at the time of the Order their company and tax identification numbers and confirms placement of goods within the EU. Prices are in euros, net of packing, transport, taxes and extra charges, unless otherwise expressly stated. All registration fees, duties, taxes and charges applicable under current or future legislation will be added.

4.2 Products shipped to France, French overseas territories (DOM TOM) and abroad, are sold free carrier (FCA – Incoterms 2020). Parties’ respective obligations regarding licenses, authorizations, transport and delivery are governed by the relevant Incoterms 2020 except where the GTCS or written agreements stipulate otherwise.

5.1 Invoices are payable net, 30 days end of month without discount for amounts up to €5,000. For amounts above €5,000, OCTÉ Lift reserves the right to set deposit terms. Cash invoices are payable by credit card.

No complaint or dispute entitles the Client to suspend payment of an invoice.

5.2 Default of payment by due date incurs late payment penalties, calculated on the gross invoice amount at the interest rate applied by the European Central Bank (ECB) to its latest refinancing operation plus 10 percentage points, as well as a fixed indemnity of €40 for collection costs, which may be increased upon proof of higher actual collection costs. The debt’s due date constitutes formal notice. These penalties are due by operation of law and will be charged to the Client’s account. All other Client payments become immediately and automatically due and OCTÉ Lift may suspend or cancel all pending Orders, without prejudice to other recourse.

5.3 The portion of the unit cost relating to waste management incurred by OCTÉ Lift is passed on to the Client without any rebate.

5.4 Promotional offers may be proposed to Clients. Unless otherwise stated, promotions are valid while stocks last, for the explicit period mentioned, and cannot be combined with other current promotions. Conditions applicable to each offer are detailed in commercial documents or associated communications.

5.5 If the Client’s credit deteriorates and/or payment terms are not observed, OCTÉ Lift may require payment guarantees or cash settlement for Orders

6.1 TITLE TO PRODUCTS SUPPLIED BY OCTÉ LIFT SHALL PASS TO THE CLIENT ONLY UPON FULL PAYMENT OF THE PRICE INCLUSIVE OF ALL ACCESSORIES, EVEN IF PAYMENT TERMS HAVE BEEN GRANTED. IN CASE OF DEFAULT BY THE CLIENT ON ANY PART OF THE ORDER PRICE, OCTÉ LIFT RESERVES THE RIGHT UNTIL FULL PAYMENT TO RETAIN TITLE TO THE PRODUCTS AND REPOSSESS THEM; ANY DOWNPAYMENT MADE WILL REMAIN WITH OCTÉ LIFT AS LIQUIDATED DAMAGES, WITHOUT PREJUDICE TO TERMINATION RIGHTS FOR CURRENT SALES AND ANY OTHER RECOURSE. ANY CONTRARY CLAUSE, IN PARTICULAR IN THE CLIENT’S PURCHASE TERMS, SHALL BE DEEMED NULL AND VOID.

6.2 The provisions above do not prevent transfer of risk to the Client upon delivery, namely as soon as OCTÉ Lift ships the goods.

6.3 Until the price has been paid in full, the Client must identify delivered Products and refrain from transforming or reselling them. Otherwise, OCTÉ Lift may require reimbursement and/or repossess those in stock, without prejudice to payment and/or damages.

6.4 In case of seizure or intervention by a third party, the Client shall immediately inform OCTÉ Lift, so that rights may be preserved.

7.1 For delivery in France or elsewhere (FCA – Incoterms 2020), OCTÉ Lift chooses the transport mode and carrier. Transfer of expenses and risks from OCTÉ Lift to the Client occurs when the carrier takes charge of the goods. This Incoterm is valid for all modes of transport.

From delivery (shipping of the goods), or if the Client has not taken delivery within the designated period, from expiry of that period, the Client bears all risk of loss or damage. If the Client does not take delivery, OCTÉ Lift may freely dispose of the products and/or charge storage and handling costs, at least 1% of the total Order amount per week of delay, without prejudice to any other compensation justified by the delay.

7.2 For delivery to French overseas territories or abroad (FCA – Incoterms 2020), the Client is responsible for (i) obtaining import licenses at own cost and risk; (ii) completing customs formalities; (iii) entering or approving a transport contract and, where applicable, insurance; and (iv) taking delivery at the agreed place from the carrier or designated third party.

7.3 Delivery times are indicative only. Whatever the delivery place, deadlines do not take account of transport duration and are from departure of our premises. Exceeding deadlines cannot result in compensation, payment withholding, or cancellation of the Order or other Orders in progress.

7.4 Claims and action against the carrier are the Client’s responsibility and must be made within legal deadlines; immediately on delivery documents and confirmed by registered letter within three (3) working days after receipt in France, or seven (7) working days elsewhere. A copy must be provided to OCTÉ Lift. If the Client validates delivery without checking or making the claims, products are accepted as-is and no claims for transport damage will be accepted.

OCTÉ Lift may subcontract any part of its services, manufacturing, supply, or deliveries to any provider at its discretion, without obligation to inform or seek prior authorization from the Client.

In any event, OCTÉ Lift remains solely responsible for performance of its contractual obligations to the Client.

9.1 Claims regarding apparent defects or non-conformity must be made by registered letter within eight (8) days after delivery in France, or ten (10) days for French overseas territories or exports.

9.2 The Client must provide all evidence of actual defects or anomalies. The Client must allow OCTÉ Lift to inspect and remedy defects, and must not intervene personally nor engage third parties. No product may be returned without OCTÉ Lift's written authorization.

9.3 Defective or non-conforming products are returned at the Client’s cost and risk. If the claim is justified, OCTÉ Lift will reimburse return costs and deliver replacement goods at its expense, per FCA Incoterms 2020 for applicable destinations.

9.4 Upon valid finding of apparent defect or non-conformity, as per above, OCTÉ Lift may replace or repair defective or non-conforming products, at its discretion, excluding cancellation, compensation, or damages.

9.5 Claims do not suspend Client payment for the concerned products.

10.1 Products manufactured by OCTÉ Lift carry a contractual warranty for 12 months from delivery date unless a longer warranty is agreed in writing.

Some products may have specific warranty periods specified in their technical datasheet or commercial documentation current on order date; the Client should check relevant documentation for particular warranty terms

The warranty is limited to replacement of defective parts manufactured by us. All other supplies from third parties are subject to the relevant supplier’s warranty conditions.

10.2 Following inspection of defective returned parts, these will be replaced or repaired free of charge. Warranty interventions, including replacement, repair or modification, do not extend warranty duration.

10.3 Under warranty, OCTÉ Lift’s sole obligation is to replace or repair the defective part. The warranty does not entitle the Client to any compensation or refund.

10.4 Return of defective goods is at the Client’s cost and risk. Products returned without appropriate packaging or poorly protected cannot benefit from the warranty. The Client must ensure adequate protection and insurance for returned products in transit. If the claim is justified, OCTÉ Lift will reimburse return and delivery costs as specified, with replacement products delivered FCA to France, DOM TOM or elsewhere.

10.5 Warranty is applicable only if the Client notifies OCTÉ Lift of the defect within twenty (20) days of discovery, with proof of said date. Warranty covers latent defects only, rendering products unsuitable for use and undetectable before use. Excluded are apparent defects not notified in time, defects and deterioration from normal wear or external causes, negligence, lack of monitoring, non-compliant use, inappropriate use concerning the products fonctions, technical feature or OCTÉ Lift’a instructions, lack of maintenance, improper installation or unauthorized modification or repair permormed by th e Client. Modified, repaired or opened products without OCTÉ Lift approval are excluded from the warranty. Non-catalogue products are excluded and subject to separate agreement.

10.6 The Client must learn, before usage, about the product’s indicative lifetime as stated by OCTÉ Lift, whether in technical documentation, instructions, or other available sources; this lifetime is indicative and based on normal use as prescribed.

11.1 OCTÉ Lift’s total liability (and its employees, subcontractors) for any breach, negligence or fault in performance of the sales contract is capped at the amount paid under the contract in question, to cover any claims (including interest and costs), regardless of the number of actions or parties involved. This does not apply to liability for death or personal injury, or any liability not excludable or limitable by law.

11.2 Further, OCTÉ Lift’s liability is excluded in the following cases:

- Due to a breach relating to products/services not supplied or delivered by OCTÉ Lift or its possible subcontractors;

- For facts and/or data outside the scope of the Service;

- In case of use of products for a purpose or in a context different from what was intended or contrary to OCTÉ Lift’s recommendations or failure to take account of OCTÉ Lift’s reservations.

OCTÉ Lift does not cover its insurer’s liability, indirect damages, lost profits, missed opportunities, expected benefits, or financial consequences of actions by third parties against the Client.

OCTÉ Lift is released from contractual obligations in all cases of force majeure. By way of example, force majeure or fortuitous events include: strikes by OCTÉ Lift or its usual carriers, floods, fire, storms, epidemics, production stoppage by accident, interruption of energy or raw material supply, or disruption of transport facilities.

13.1 If the Client fails to perform obligations, including default in payment of price by the agreed due date, the related Order and any other Orders in progress may be terminated by OCTÉ Lift’s decision, 48 hours after notice remains ineffective; the Client shall immediately return the concerned products.

13.2 Any default in payment at maturity may result in a penalty equal to 15% of the unpaid amount.

13.3 Unless expressly agreed otherwise, the possibility of unilateral price reduction by either party for imperfect contract performance, forced performance, or performance by a third party at the defaulting Party’s expense is excluded.

14.1 All information provided by OCTÉ Lift to the Client, including commercial data, prototypes, samples, studies, documents of any kind or on any medium, remain the property of OCTÉ Lift.

14.2 The Client undertakes not to disclose such information and to return it to OCTÉ Lift upon simple written request.

14.3 OCTÉ Lift retains exclusive ownership of all intellectual property rights associated with marketed products. Sale of products conveys no intellectual property rights to the Client, except for a strictly limited right to normal operational use.

14.4 OCTÉ Lift grants the Client, on a personal, non-exclusive, non-transferable basis, a license to use embedded software in products delivered. This license may be subject to fees and specific terms detailed in the software license agreement.

14.5 Unless the Client notifies OCTÉ Lift expressly in writing upon ordering, OCTÉ Lift may include the name, corporate name, brand, or logo of the Client in a list of commercial references for promotional or advertising purposes, in any medium (website, commercial documents, trade fairs, etc.).

This does not grant any commercial usage right over the Client’s products/services, nor disclosure of confidential information.

15.1 In performing the GTCS, OCTÉ Lift may collect and process personal data. As data controller, OCTÉ Lift undertakes to process such data in accordance with applicable regulations, notably Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and amended French Law No. 78-17 of 6 January 1978. Data is limited to strictly necessary for contract performance and is used only for business, administrative and accounting management, and legal/regulatory compliance.

15.2 OCTÉ Lift supplies connected products capable of collecting data under Regulation (EU) 2023/2854. However, actual data collection by the product only occurs when the Client subscribes to one of the relevant subscriptions described in the associated software license agreement.

Without a valid subscription, no data is collected and OCTÉ Lift cannot access data generated or stored by the device.

These GTCS are governed by French law; application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

In case of divergence between different language versions of these GTCS, the French version shall prevail between the Parties and be binding.

Any dispute arising from or in connection with these GTCS shall be submitted to the Commercial Court of Chartres, France, even in the case of multiple defendants. Shipping and payment terms as well as delivery location do not affect jurisdiction.