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terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE - BOREALES ENERGY

The conditions mentioned below are mandatorily applied to all contracts of sale of equipment and/or services concluded with BOREALES ENERGY.

The present Terms and Conditions in English are translated from French. In case of dispute, the original French version shall prevail.

1 – PREAMBLE

These general conditions (hereinafter “general conditions”) cancel and replace the previously applicable conditions and govern the relationship between the company BOREALES ENERGY and its professional clients (hereinafter “Client”), whether they are users of products marketed by BOREALES ENERGY or resellers.

    1. The general conditions apply to all orders placed by Clients with BOREALES ENERGY.
    2. Any order placed with BOREALES ENERGY implies full and complete adherence to the general conditions by the Client. The latter prevail over any other agreement and/or provision emanating from a document of the client, notably over the Purchasing conditions or the Client’s logistical conditions, which shall be unenforceable against BOREALES ENERGY, unless expressly and priorly agreed upon by BOREALES ENERGY.
    3. Any provision contrary to these general conditions shall be valid only if it has been the subject of prior written agreement by BOREALES ENERGY.
    4. These general conditions may be adapted within the framework of specific sales conditions negotiated with the Client, which shall prevail over the general conditions.
    5. BOREALES ENERGY reserves the right to modify the general conditions at any time.
    6. The failure of either party to invoke a breach by the other party, of any of the obligations referred to in these general conditions, shall not be interpreted for the future as a waiver of the obligation in question.

2 – CONTRACTUAL DOCUMENTS

The contract governing the relationship between the parties is composed, in descending order of priority, of the following documents:

– the commercial proposal and/or the technical offer of BOREALES ENERGY and, where applicable, the specific conditions agreed between the parties, and/or the purchase order validated by BOREALES ENERGY if applicable

– these general conditions,

– any possible appendices.

These documents express the entirety of the agreement between the parties and supersede any other prior document issued by the parties and any oral agreement. Notwithstanding the foregoing, the Client undertakes to respect all technical documentation provided by BOREALES ENERGY (assembly and operating instructions, precautions for use, etc.).

3 – INFORMATION / COLLABORATION

1. The Client undertakes to provide BOREALES ENERGY with all necessary information to enable it, in particular, to supply the products and/or services. This information must be sufficiently explicit to allow BOREALES ENERGY to prepare its commercial proposal.

2. BOREALES ENERGY considers as sincere and truthful all information communicated to it by the Client, who undertakes to inform BOREALES ENERGY in writing and as soon as possible, in the event of any changes to any of this information. In this respect, the Client remains responsible for the content and accuracy of the information transmitted to BOREALES ENERGY and guarantees the latter against any legal action arising from said information.

3. The parties agree to cooperate closely and undertake to always behave towards each other as loyal partners and in good faith, and notably to inform each other of any difficulties they may encounter in the performance of their obligations.

4. All commitments of BOREALES ENERGY can only be fulfilled in close collaboration with the Client and based on the information communicated to BOREALES ENERGY.

4 – OBJECT

1. The Client purchases and BOREALES ENERGY sells, under the conditions stipulated in the contract, the equipment and/or service (the “product”) referred to in BOREALES ENERGY’s commercial proposal.

2. The proposed product has been defined based on the information provided by the client. By product, we mean all the elements ordered, both standard and specifically developed for the client.

3. The product must be installed, used, and maintained in accordance with the instructions for use and conditions of use provided by BOREALES ENERGY and defined in the documentation provided to the Client.

5 – ORDER

1. Any sale of a product by BOREALES ENERGY must be preceded by a detailed commercial proposal provided to the Client (hereinafter “Commercial Proposal”). This Commercial Proposal includes the designation of the product(s) and/or services and any equipment offered for sale by BOREALES ENERGY to the Client based on the latter’s expressed demand. This Commercial Proposal will establish the specific conditions regarding the supply of products (quantities, pricing conditions, sales terms, etc.). In this regard, the order is validly concluded between the Parties only in the following alternative cases:

-receipt by BOREALES ENERGY of its Commercial Proposal signed by the Client and accompanied by the payment of the deposit;

-in the event of the commencement of the contract by BOREALES ENERGY, this commencement of execution constitutes firm and definitive acceptance of the Commercial Proposal. Unless otherwise stipulated or expressly agreed upon by BOREALES ENERGY, any validation of the Commercial Proposal must be accompanied by the payment of a deposit amounting to 40% of the total net price of the Commercial Proposal or, for any first order from a new Client, by the immediate payment of the entire order. In the absence of effective payment of this deposit or the entire order by a new Client, the request is automatically canceled, and BOREALES ENERGY is immediately released from all obligations towards the Client. Commercial Proposals are valid for thirty (30) clear days from their date of issue. After this period, the Commercial Proposal shall be considered null and void. A new proposal must therefore be requested by the Client. The benefit of the Commercial Proposal is strictly personal to the Client and cannot be assigned without the express consent of BOREALES ENERGY.

2. No total or partial cancellation or quantitative or qualitative modification of a Commercial Proposal that has been validated can be accepted without the prior written agreement of BOREALES ENERGY. Any desired modifications by the Client could, upon express acceptance by BOREALES ENERGY, result in an adjustment of the initially agreed prices and determine new delivery or execution times. If the Client cancels the order, any deposits already paid are definitively acquired by BOREALES ENERGY as provisional compensation, without prejudice to any damages that may arise.

6 – DELIVERY

  1. BOREALES ENERGY will make its best efforts to deliver the product on the delivery date communicated to the Client, with the understanding that any agreed delivery dates or times are indicative and subject to change. Consequently, delays cannot give rise to damages, withholding, cancellation of the contract, and/or refusal of delivery of the ordered products, except in the event of serious misconduct by BOREALES ENERGY. In the event of the Client’s non-compliance with contractual obligations, BOREALES ENERGY reserves the right to suspend the execution of the order. When a deposit payment is required, the delivery period begins only upon payment by the Client. In any case, product delivery within the agreed-upon timeframes can only occur if the Client is up to date with its obligations to BOREALES ENERGY. It is strictly prohibited for the Client to automatically deduct penalties or discounts from BOREALES ENERGY’s invoices corresponding to non-compliance with a contractual commitment without the prior express and written consent of BOREALES ENERGY, regardless of the nature of the breach. In this regard, no issuance of a debit note, invoicing of penalties, or deduction of penalties or discounts of any kind by way of offsetting can be made by the Client without the prior express and written consent of BOREALES ENERGY. BOREALES ENERGY’s liability cannot in any case be engaged, and no penalty can be applied to it, in case of delay or suspension of product delivery due to force majeure as defined in the general conditions.
  2. BOREALES ENERGY reserves the right to deliver the products in several installments; if applicable, BOREALES ENERGY will indicate the delivery schedule.
  3. In case of delivery delays or impossibility for BOREALES ENERGY to deliver the products on the indicated dates, BOREALES ENERGY will immediately inform the Client and endeavor to propose new delivery dates.
  4. Unless otherwise agreed upon between the parties, delivery is deemed to have been made when the product is handed over to the Client or to a third party designated by the Client, by BOREALES ENERGY at the premises of BOREALES ENERGY according to the Incoterm EX WORKS (warehouse of BOREALES ENERGY in Douvres-la-Délivrande, 14440). Therefore, it is the Client’s responsibility, in particular, to collect the products from the premises of BOREALES ENERGY, to arrange for delivery, to honor the carrier’s invoices, and to insure the transported products. In this context, the transfer of risks of the products to the Client occurs upon availability of the products at the premises of BOREALES ENERGY. The Client shall bear all risks that the products may incur or cause from the delivery of the products by BOREALES ENERGY at its premises to the Client or to the carrier designated by the latter. The Client shall bear all risks related in particular to the loading and transportation of the products, and the Client must ensure accordingly.
  5. If the availability or shipment of the products is delayed for a cause dependent on the will of the Client, the products, after notification to the Client, are stored or handled at its expense, risks, and perils. BOREALES ENERGY disclaims any liability resulting from this delay, which can never, by express agreement, give rise to compensation. Furthermore, the Client will be billed for the additional costs incurred by this delay (waiting time for the carrier, handling, storage, etc.), without prejudice to the compensation for the damage suffered by BOREALES ENERGY. In the event of non-collection by the Client, despite the products being made available within the agreed-upon timeframes, BOREALES ENERGY may, at its option, either compel the Client to execute the contract by sending a formal notice by registered letter or terminate the sales contract automatically without prejudice to the compensation for the damage suffered by BOREALES ENERGY.

7 – RECEIPT / COMPLIANCE / CLAIMS

The Client is responsible for receiving the products in accordance with the applicable delivery terms. Therefore, the Client must be present or represented at the place and on the day of delivery. In any case, the signature of any person present on the day of delivery is deemed to bind the Client, who must organize accordingly. Upon receipt, the quantity and condition of the products will be checked by the Client or its representative. It is then the responsibility of the Client or its representative, in case of damage, shortage, or delay, to:

  • make clear, precise, and complete reservations on the carrier’s document;
  • notify these reservations to the carrier by registered letter with acknowledgment of receipt within three (3) days, excluding public holidays, following the receipt of the products,
  • send a copy of this registered letter to BOREALES ENERGY.

The mention “subject to unpacking” or any similar formula not expressly mentioning the observed defect or anomaly cannot be interpreted as a handwritten reservation.

Without prejudice to the measures to be taken with regard to the carrier, claims regarding apparent defects or non-conformity of the delivered products to the ordered products must be addressed by the Client to BOREALES ENERGY, by registered letter, within a period of three (3) days from the delivery date, accompanied by the corresponding justifications. Compliance control will be automatically acquired in the absence of reasoned and written reservations. This includes the conformity of any programming specifically carried out for the Client based on the needs defined by the latter.

It is the Client’s responsibility to provide any justification as to the reality of the observed non-conformities (shortage, etc.). The Client must provide BOREALES ENERGY with all facilities to verify them.

In case of non-compliance with the clauses of this article, delivery will be deemed to be compliant with the order, and no dispute regarding the conformity of the products will be admissible.

In the event of proven non-compliance with the order due to fault of BOREALES ENERGY, the latter may proceed with the replacement, repair, or refund in the form of credit note, at its discretion and/or constraints and/or the encountered situation, of the concerned products, subject to the Client’s compliance with the conditions defined in this article. In case of proven shortage, without prejudice to the above, BOREALES ENERGY may proceed with the delivery of the missing items. BOREALES ENERGY’s obligations are limited to these terms, and the Client cannot claim any compensation or cancellation of its order.

8 – INSTALLATION / COMMISSIONING / MAINTENANCE

It is the Client’s responsibility to install the products sold by BOREALES ENERGY at its own expense and risk. In this regard, the Client must handle the products in compliance with the precautions for use and must follow all recommendations provided by BOREALES ENERGY as well as those contained in the technical documentation provided to it.

Unless otherwise agreed, it is the Client’s responsibility to carry out the commissioning of the products under its responsibility and without the assistance of BOREALES ENERGY.

The Client must fulfill all legal and regulatory obligations related to the products. It must, in particular, carry out, at its own expense, all mandatory maintenance, verification, and maintenance operations on the products. All these operations concerning the products must be entrusted only to specialized professionals holding all necessary qualifications and authorizations.

The Client assumes full responsibility for the installation of BOREALES ENERGY’s products. Thus, the Client will be solely responsible for any loss or damage that may result from the installation of the products, as well as for damages caused by its acts or omissions or those of any of its agents, employees, servants, agents, contractors, or others in connection with the installation of the products.

BOREALES ENERGY cannot in any case be held liable for any malfunction related to the improper installation of one of its products and any delays in the installation of its products due to any reason beyond its control, the Client’s fault, or that of a third party, nor for their consequences, and is not liable for any compensation in this regard.

9 – PRICE AND PAYMENT CONDITIONS

Products are invoiced according to the pricing conditions communicated by BOREALES ENERGY in its Commercial Proposals. Prices are in Euros, excluding taxes and ex-works. These prices do not include transportation, packaging, customs, insurance, installation, maintenance, and any other incidental expenses, which are the responsibility of the Client.

It is reminded that every order is subject to the payment of a deposit amounting to 40% of the total net price of the order, with the balance payable upon delivery.

Except for the aforementioned deposit, which must be paid in full upon acceptance of the Commercial Proposal, invoices from BOREALES ENERGY must be settled by the Client by check or bank transfer within thirty (30) days from the invoice date.

In the event that an order is spread over multiple deliveries, BOREALES ENERGY will issue invoices for the balance as deliveries are made. BOREALES ENERGY does not grant any discounts for early payment.

The Client is not authorized to set off sums owed to BOREALES ENERGY against any sums owed to it by BOREALES ENERGY without prior written authorization from BOREALES ENERGY.

By express agreement and unless a timely requested and expressly granted deferral by BOREALES ENERGY, failure to pay by the due date will automatically and without prior notice make all remaining amounts due immediately payable, regardless of the planned method of payment, as well as invoicing of late penalties at an interest rate equal to the ECB refinancing rate plus 10 points, plus a fixed recovery indemnity of €40 excluding taxes. If the actual recovery and litigation costs incurred by BOREALES ENERGY (including collection agency, bailiff, lawyer, legal proceedings) exceed the amount of this fixed indemnity, the Client shall be liable for the additional and justified costs incurred. The corresponding invoicing will be sent to the Client. The Client expressly undertakes to inform BOREALES ENERGY of any financial difficulties, especially in case of threat or implementation of enforcement measures. In the event of deterioration of the Client’s financial situation, BOREALES ENERGY reserves the right to demand advance payment or guarantees. In the event of non-payment of a due invoice, BOREALES ENERGY shall be entitled to suspend or terminate, after prior notice, all ongoing orders, without prejudice to any other recourse. In particular, BOREALES ENERGY reserves the right to request payment of any other claim it holds against the Client, which will then become due and/or to reconsider the commercial advantages and specific conditions agreed with the Client. BOREALES ENERGY may also implement the retention of title clause set out below.

10 – RETENTION OF TITLE

The products sold remain the full and entire property of BOREALES ENERGY until effective and full payment of the price by the Client in principal, expenses, interest, and accessories by the Client.

Without prejudice to the transfer of risks stated above, in the event of non-payment by the Client within the specified period, BOREALES ENERGY reserves the right to reclaim the sold and/or delivered product at the expense and risk of the Client. Thus, in the event of non-payment, BOREALES ENERGY may demand by registered letter with acknowledgment of receipt the return of the products at the expense and risk of the Client, without prejudice to any other recourse. The Client will also bear any legal and judicial costs incurred. In the event of resale of the products by the Client, the latter undertakes to transfer to BOREALES ENERGY the price paid by the sub-purchasers up to the price of the products remaining to be paid.

In the event of seizure by a third party or by an administrator or liquidator appointed by a court, the Client must oppose them the existence of this retention of title clause and inform BOREALES ENERGY without delay and immediately draw up an inventory of the unpaid products. In accordance with Articles 2367 to 2372 of the Civil Code, the products and all supplies of any kind whatsoever, including studies or prototypes, delivered by BOREALES ENERGY are expressly subject to retention of title.

The Client undertakes, at its own expense, to take out insurance with a notably solvent organization for the benefit of BOREALES ENERGY to cover all risks that may affect the purchased equipment and which are not yet fully paid, notably the risk of damage and loss. The Client undertakes to provide all justifications for taking out such insurance and payment of the corresponding premiums.

11 – INTELLECTUAL PROPERTY

The Client may not use or make use of the trademarks, logos, or any other intellectual property rights belonging to BOREALES ENERGY without the express, written, and prior authorization of the latter and in any case under normal conditions in view of its activity. BOREALES ENERGY reserves the right to oppose, cease, or seek redress for any use it deems unfair, constituting an act of unfair competition, or contrary to its image or rights it has granted.

Unless otherwise agreed between the parties, plans, designs, studies, projects, models, and documents of all kinds proposed, produced, provided, or sent by BOREALES ENERGY always remain its property. They must be returned to it upon its request. BOREALES ENERGY retains the intellectual property of all its intermediate creations (know-how, patentable inventions, copyrights, trademarks, etc.) which may not be used, represented, communicated, executed, adapted, or translated without its prior express written authorization.

12 – CONFIDENTIALITY

The Client undertakes not to disclose to any third party the studies, projects, plans, models, prototypes, manufacturing files, user manuals, and in general all documents of any kind provided to it by the company BOREALES ENERGY, without the written authorization of the latter. To this end, and in conjunction with respect for the intellectual property rights of the company BOREALES ENERGY in the services and supplies, the Client undertakes to take all necessary measures, both towards its personnel and its own clientele. More generally, all manufacturing or business secrets or processes, as well as all specifications, financial, commercial, or technical information, know-how, reports, or other information of any kind directly or indirectly related to the parties’ business that would be communicated by one party to the other for the purpose of negotiation and/or performance of these or of which they would become aware on this occasion, will, both during their contractual relations and after their termination, be strictly confidential by each of the parties who shall refrain, moreover, from disclosing them in any manner or for any reason whatsoever and from using them for any purpose other than those provided for herein. The parties undertake to take all necessary measures to ensure compliance with the obligations arising from the above clauses by all employees, agents, representatives, and partners.

13 – PRODUCT WARRANTY

  1. Unless otherwise stipulated, BOREALES ENERGY grants the Client a warranty (hereinafter “Warranty”) under the conditions set forth in this article. If this Warranty is not granted (or excluded), the Client is informed that all costs related to the interventions described below will be at its expense.
  2. The Warranty is granted, unless otherwise stipulated, for a period of twelve (12) months from the date of delivery of the products to the Client. The right to the Warranty is prematurely extinguished in the event of inappropriate intervention by the Client or a third party on the product and/or if the Client or a third party, in the event of a defect or vice, does not take all measures to reduce the resulting damage and does not give BOREALES ENERGY the opportunity to remedy it as soon as possible. The Warranty also expires prematurely if the Client has not carried out the mandatory verification and maintenance operations within the specified time frame. BOREALES ENERGY’s interventions under the Warranty cannot in any case extend its duration.
  3. Under the Warranty, products sold by BOREALES ENERGY are guaranteed against any construction defect or assembly fault attributable to BOREALES ENERGY. During the Warranty period, BOREALES ENERGY’s obligations are limited to providing or repairing at its own expense products with such defects exclusively and directly attributable to BOREALES ENERGY, under the conditions set forth in this article.

The Warranty is intended to cover exclusively:

  • the costs of repair due to defects or anomalies affecting the products;
  • labor and transportation costs possibly incurred by BOREALES ENERGY on these occasions; excluding any other costs. BOREALES ENERGY is free to determine the terms of repair, which may range from repair to replacement of all or part of the product concerned without the Client being entitled to claim damages, for any reason whatsoever.
  1. The following damages and/or costs are expressly excluded from the Warranty:
  • normal wear and tear of the products;
  • wear and/or damage due to weather conditions and/or circumstances beyond the control of BOREALES ENERGY and their consequences (floods, storms, fire, etc.);
  • wear and/or damage caused by the Client’s failure to fulfill its contractual obligations provided for in the general conditions;
  • intervention by the Client or a third party on the products without prior written authorization from BOREALES ENERGY;
  • negligence of the Client or a third party or failure to comply with the recommendations for storage, assembly, maintenance, or use of the products (specified on the product sheets, assembly or user manuals, or in the recommendations provided);
  • any modification of the products by the Client or a third party, without prior written authorization from BOREALES ENERGY;
  • non-compliance with regulations;
  • damage and/or anomalies resulting from installation and assembly operations if these operations are carried out by the Client or by a third party designated by the client;
  • damages and/or anomalies not attributable to BOREALES ENERGY.
  1. The Warranty is personal to the Client and non-transferable unless expressly and priorly agreed in writing by BOREALES ENERGY.
  2. The Warranty applies subject to full payment of BOREALES ENERGY’s invoice.
  3. To implement the Warranty, all of the following conditions must be met:
  • the Client must send a request for implementation of the Warranty to BOREALES ENERGY in writing. This request must be sent as soon as possible after the discovery of the defect(s) or non-conformity and in any case during the validity period of the Warranty.
  • on this occasion, the Client must specify that it intends to benefit from the Warranty. In addition, the Client must provide BOREALES ENERGY with all justifications regarding the reality of the observed defects, including photographs and possibly videos demonstrating the defects and/or vices.
  • once the Client’s request and the justifications have been received, BOREALES ENERGY will examine the elements to decide on the application of the Warranty. If necessary, BOREALES ENERGY may request additional information from the Client, who undertakes to provide it and to cooperate transparently. BOREALES ENERGY may thus ask the Client to provide any document, proof, information, etc., proving that its request complies with the terms and conditions of the Warranty. BOREALES ENERGY may also inspect the product concerned to determine the origin of the defect or vice. To this end, the Client must allow BOREALES ENERGY access to its premises so that the latter can carry out the necessary checks on the product.
  • Once these checks have been carried out and if the non-conformity, defect, or anomaly is confirmed by our company and is covered by the Warranty, our company will confirm its intervention under the Warranty to the Client, if applicable.

Any Warranty request not complying with the rules provided cannot be taken into account.

In the event that the anomaly invoked by the Client does not fall within the scope of the Warranty and/or does not comply with the application conditions and/or is related to an exclusion cause of the Warranty, BOREALES ENERGY will inform the Client thereof in writing.

BOREALES ENERGY’s obligations in terms of warranties are strictly limited to the terms of the Warranty described in this article. BOREALES ENERGY cannot be held liable under the legal warranty for hidden defects.

14 – LIABILITY / FORCE MAJEURE

    1. BOREALES ENERGY’s liability is strictly limited to the obligations expressly agreed upon in its Commercial Proposal and these general conditions. BOREALES ENERGY’s obligations are considered to be obligations of means, excluding any obligation of result or performance unless explicitly agreed upon.
    2. Handling, storage, use, and possible resale of the products will be at the Client’s risk and peril. The Client undertakes to comply with the applicable regulations regarding the products as well as any recommendations transmitted by BOREALES ENERGY and/or appearing on the product instructions, and to fulfill all its legal and regulatory obligations vis-à-vis its own customers if applicable.
    3. In any case, the Client undertakes to install and use BOREALES ENERGY’s products in accordance with the instructions for use and the conditions of use defined in the documentation provided to it. The Client must strictly comply with the user and maintenance manuals provided by BOREALES ENERGY.
    4. The products are sold for the intended use, destination, technical characteristics, and assignment. Any different and/or non-conforming use fully releases BOREALES ENERGY from any direct or indirect liability. BOREALES ENERGY particularly declines any liability for any damage to persons or property resulting from non-compliant, unsuitable, and/or distorted use of the products, especially in case of non-compliance with product instructions and/or storage of the products in an unsuitable, obsolete, or dangerous location.
    5. In any case, BOREALES ENERGY cannot be held responsible for defects and deteriorations of the products resulting from abnormal or non-compliant conditions of use after their delivery. BOREALES ENERGY cannot be held responsible in particular for:
    • normal wear and tear of its products;
    • damage or accidents resulting from negligence or lack of supervision;
    • damages resulting from modifications, incorporations, or repairs of the products;
    • damages resulting from the Client’s failure to comply with the usage and maintenance instructions specified in the notices provided by BOREALES ENERGY;
    • damages resulting from the Client’s failure to fulfill its maintenance obligations;
    • damages to machines subjected to abnormal conditions.
    1. When BOREALES ENERGY’s liability is engaged following a fault on its part, the compensation applies only to the direct, personal, and certain damages suffered by the Client, expressly excluding the compensation for all indirect and immaterial damages and/or prejudices, such as financial damages, damage to reputation, etc. The amount of damages that BOREALES ENERGY may be required to pay under the aforementioned conditions shall not exceed the invoiced price of the products subject to the claim. The parties agree that the rates proposed by BOREALES ENERGY are proposed in consideration of this limitation of liability clause.
    2. The Client undertakes to waive recourse by its insurers against BOREALES ENERGY or the insurers of the latter, in accordance with the aforementioned limitations.
    3. The parties shall not be held liable for delays and/or failures in the performance of one or more of their contractual obligations resulting from a case of force majeure. During the force majeure period, the performance of contractual obligations affected by the force majeure event is suspended and the affected Party shall not be held liable.

    Force majeure means any event rendering the performance of an obligation impossible or manifestly more difficult due to the unpredictable, irresistible, external nature of this event, two of these three criteria being sufficient to characterize force majeure.

    Events such as wars, riots, fires, floods, natural disasters, weather events (such as snow or ice) preventing travel, viruses, epidemics, pandemics, decisions (including administrative, prefectural, or governmental) to close all or part of the premises of BOREALES ENERGY or those of its suppliers and/or limit their activity (especially due to health measures, confinement, etc.), social unrest, total or partial strikes, total or partial interruption of transportation, paralysis of road transport routes or others, hindrances to travel, prefectural or governmental prohibition of circulation, disruptions in the supply of energy (EDF, GDF, Oil…), blockages of telecommunications and computer networks, absence or shortage of qualified personnel, shortage of materials, change in regulations, delays or failures in the intervention of external service providers such as suppliers or subcontractors… are considered force majeure events.

    During the force majeure period, no penalty shall be applied to BOREALES ENERGY. Furthermore, BOREALES ENERGY must be duly paid for all deliveries and costs incurred in the performance of its obligations.

15 – PARTIAL INVALIDITY

If one or more provisions of the contract are deemed invalid or declared as such pursuant to a law, regulation, or as a result of a final decision by a competent court, the remaining provisions shall remain in full force and effect.

16 – PERSONAL DATA

BOREALES ENERGY is responsible for processing the personal data of the employees and individual representatives of its Clients that it collects and processes in the course of its commercial activities. BOREALES ENERGY processes this personal data to ensure the management of its contracts, invoice generation, accounting establishment, prevention of potential disputes, and compilation of a file of service providers and commercial partners. The individuals concerned have various rights regarding the collection and processing of their personal data. These individuals may request access, rectification, or erasure of their personal data. Where applicable, they may also object to or request the limitation of the processing of their personal data. They also have the right to data portability and the ability to define directives regarding the fate of their personal data after death. The individuals concerned may exercise these rights by writing to BOREALES ENERGY at the following email address: contact@boreales.energy.

17 – LAW AND JURISDICTION

  1. The contract and these general conditions are subject to French law.
  2. Any dispute relating to the application and/or performance of the contract, the general conditions, and more generally relating to the relations between the parties shall be submitted to the Commercial Court of CAEN (14), to which express jurisdiction and competence is granted by mutual agreement, even in the event of multiple instances and/or parties or third-party proceedings.

18 – EXTENDED PRODUCER LIABILITY In accordance with the provisions of Article L. 541-10-13 of the Environmental Code, BOREALES ENERGY has been assigned the Unique Identifier (IDU) by ADEME as follows: FR376135_05DJSU.

16 Rue Jean Perrin 14 440
Douvres-la-Délivrande

02 50 53 19 47
contact@boreales.energy

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