GENERAL SALES CONDITIONS
1. Scope of Application
These General Sales Conditions (the « Conditions ») govern the sale and rental of products and services (the « Products ») by Tethys SAS (« Tethys ») to professional buyers acting in a business capacity (the « Buyers »). By placing an order with Tethys, the Buyer unconditionally accepts these Conditions, which form an integral part of the commercial agreement.
2. Orders and Acceptance
Orders are only binding upon written confirmation by Tethys. Tethys reserves the right to refuse or cancel any order at its discretion, particularly in case of payment default, stock unavailability, or force majeure. The Buyer shall verify order details and is solely responsible for the accuracy of the information provided.
3. Price and Payment
Prices are exclusive of VAT, shipping, and applicable duties. Payment terms are net thirty (30) days from invoice date, unless otherwise agreed in writing. Late payments may result in interest charges and suspension of delivery or services. In case of annual subscription, minimum contractual commitment is thirty-six (36) months.
4. Delivery and Title
Delivery times are indicative and non-binding. Risk passes to the Buyer upon delivery. Title remains with Tethys until full payment is received. For leased Products, ownership remains with Tethys for the entire duration.
5. Warranty and Disclaimer
Tethys warrants conformity of the Products with their specifications and intended professional use. This warranty is limited to repair or replacement of defective parts during the warranty period (typically three years for purchased systems; full duration for subscription-based services). Tethys disclaims all other warranties, including merchantability or fitness for a particular purpose.
6. Limitation of Liability
Tethys shall not be liable for any indirect, incidental, or consequential damages, including loss of revenue or production stoppage. Total liability, regardless of legal basis, is limited to the total amount paid by the Buyer for the defective Product.
7. Intellectual Property
All designs, software, data, and patents related to the Products are and remain the exclusive property of Tethys. No license or transfer of intellectual property is granted, except with Tethys’s express written consent. The Buyer shall not reverse-engineer, copy, or disclose the Products or components.
8. Governing Law and Dispute Resolution
These Conditions are governed by French law. Any dispute shall be subject to the exclusive jurisdiction of the Commercial Court of Grasse, France. As a first resort, parties agree to attempt an amicable settlement. Alternatively, disputes may be submitted to arbitration under the rules of the ICC, in Paris, in English.
9. Confidentiality
The Buyer agrees to keep confidential all information disclosed by Tethys, whether technical, commercial, or strategic. This obligation remains in force for five (5) years after the conclusion of the last contract between the parties.
10. Data Protection
Tethys collects and processes Buyer data in accordance with the EU General Data Protection Regulation (GDPR). The Buyer consents to the use of its data for contract performance, customer support, and internal analysis. No personal data will be sold or disclosed without prior consent, except to authorized subcontractors bound by confidentiality.
11. Return, Repair, and After-Sales Service
Returns are only accepted if previously agreed upon and in accordance with a specific return authorization issued by Tethys. Return shipping costs are borne by the Buyer. After-sales service is available under predefined service terms (corrective or preventive), which are included in the subscription package or available as a paid option for purchase contracts.
12. Force Majeure
Tethys is not liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, labor disputes, component shortages, or governmental restrictions.
13. Amendments and Severability
Tethys may update these Conditions at any time. Changes apply to new orders only. If any clause is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
14. Entire Agreement
These Conditions, together with any specific commercial agreement signed with the Buyer, constitute the entire understanding between the parties and supersede any prior discussions, proposals, or communications.
Thank you for choosing Tethys for your purchases!