General Terms and Conditions of Sale

Article 1 – General terms and conditions of sale BRIDGIN SARL – Division iDig

iDig is a division of Groupe Bridgin SARL with a capital of 1.100.000 € – whose head office is located 21 Boulevard Littré – 78600 LE MESNIL LE ROI – SIRET: 438880 486 00016.

Sales and logistics department: 21 Boulevard Littré – 78600 Le Mesnil le Roi

Company name: BRIDGIN Sarl
Head office: 21 boulevard Littré
Postal code: 78600
City: Le Mesnil Le Roi
Country: France
Phone: +33 9 73 87 04 25
E-mail: info@idig-system.com
CNIL number: 1406683

The general terms and conditions of sale presented herein aim to define the contractual relations between BRIDGIN SARL – 21 Boulevard Littré – 78600 LE MESNIL LE ROI and the buyer or the user, as well as the conditions applicable to any purchase made through sales representatives or directly.

Our sales are made exclusively under the particular conditions and the general conditions presented herein which the buyer or the user formally accepts as soon as he orders. Any other contrary or different condition that may be stipulated by the buyer or user, before or even after the present terms and conditions, shall be deemed unwritten against ourselves if it has not received our prior written acceptance.

Article 2 – Items and prices

Items:

Items appearing in our advertising materials are offered within the limit of available stocks. They are described and presented as accurately as possible. However, if errors or omissions are found in their presentation, BRIDGIN SARL could not be held liable. The photographs of the items are not contractual.

We reserve the right to modify our items based on the technical evolution and the suppliers’ prerogatives.

Prices:

Our prices are established without VAT and must be understood as excluding fixed participation for shipping expenses.

In case of display of an erroneous price, obviously derisory (vile price), whatever the reason (computer bug, manual error, technical error), the user or the buyer’s order, even if it has already been validated by BRIDGIN SARL, will be cancelled, of which BRIDGIN SARL will inform the User as soon as possible. The User or buyer, if he wishes, will then have the possibility to place his order again at the corrected and exact price.

Article 3 – Geographical scope

For orders to France, the buyer is invited to contact our head office by email: info@idig-system.com or by phone: +33 9 73 87 04 25, so that we can explain the conditions of delivery and installation.

For orders outside France, the buyer can also call our sales representative:

Australia, New Zealand, Asia – Mr BIRER Antoine: antoinebirer@idig.tech

The United States – Mr CARTAN Fred: america@idig-system.com

Europe, Africa, Russia – Mr SEIDLITZ Dirk: europe@idig-system.com

Article 4 – Orders

Orders can be placed:

By email: info@idig-system.com
By phone: +33 9 73 87 04 25
By mail to the following address: Bridgin SARL Division iDig – 21 Boulevard Littré 78600 Le Mesnil le Roi

Orders are carried out as soon as possible, even partially, and acknowledgements of receipt are issued.

The rapidness and quality of the delivery of our shipments rely on the accuracy of your address: it must, therefore, be accurate and complete.

To avoid any error or dispute, we ask our customers to provide the references for each item on their orders.

All orders received will be carried out according to our conditions of sale, we do not recognize opposite clauses that could be mentioned on our customers’ documents. Only proposals confirmed in writing are legally binding for us.

In the event of out-of-stock condition, BRIDGIN SARL will inform the buyer of new delivery time. The buyer will nevertheless have the possibility to cancel his order.

Article 5 – Payment

Cash payment:

Unless special agreements between BRIDGIN SARL and the customer provide otherwise, the payment is due upon receipt of the invoice. Nevertheless, the company BRIDGIN SARL reserves the right to claim a payment before shipping items, whatever the amount of the order is.

In some cases, such as insufficient funds, non-payment, method of payment’s identified risk, wrong address or other problem concerning the User’s account, BRIDGIN SARL reserves the right to block the User’s order until the issue is resolved.

Leasing:

Leasing allows you to finance an instrument worth more than 6000€ (excluding taxes) over a period of 3 to 5 years.

BRIDGIN SARL can finance your purchase through a leasing contract with the support of a financial partner, subject to his acceptance of your file.

The customer can contract his own leasing. In this case, he must undertake to return the receipt within 24 hours to his financial institution.

Means of payment:

Payment by wire transfer:

If you choose to pay with a wire transfer, your transfer must be made to the order of BRIDGIN SARL by specifying your name and BRIDGIN SARL invoice number.

CIC bank account details:

Bank

30066

Sort code

10940

Account Number

00020063901

Key

IBAN (International Bank Account Number)

FR76 3006 6109 4000 0200 6390 187

Currency

EUR

Payment by check:

Only for orders in metropolitan France (including Corsica) and overseas departments.

Please make your check payable to BRIDGIN SARL and send your payment to the following address:

BRIDGIN SARL – Division iDig – 21 Boulevard Littré 78600 Le Mesnil le Roi – France.

Article 6 – Transport

International:

Unless a special agreement was made, BRIDGIN SARL chooses the transport method adapted to suit the material shipment.

Unless changing circumstances, transport operations risk and dangers are at the buyer’s charge and cost. The buyer has the obligation to verify the state of the material and its number upon receipt of the delivery.

Whether it is BRIDGIN SARL’s liability or carriage free, in the event of a damage, he must express his reservations concerning usage on the delivery order and inform the transporter within the 48 hours following the delivery.

Unless a flat rate is applied to the shipping costs, the transport cost on the confirmation order is an estimate, the final shipping costs will be specified on the invoice.

Article 7 – Retention of title clause

Under law n° 80-335 of the 12^th of May 1980, relating to the reservation of ownership, it is expressly stated that the buyer will only become the owner of the property after full payment of all sums due. Until this date, the purchaser will not be able, without the express prior authorization of BRIDGIN SARL, to resell this property.

(by all means)

BRIDGIN SARL will have the ability to subordinate the aforesaid authorization to these general terms and conditions of sale and to have guaranteed the remaining sums due by the buyer. Notwithstanding any contrary provision of this contract, if the buyer does not pay on any one of the due dates, BRIDGIN SARL, without losing any of its rights, will be able to demand, by simple registered letter, the restitution of the items at the expense of the buyer until full payment of the sums due by the buyer.

Article 8 – Right to withdraw

There are no withdrawal periods for user customers who have accepted a cost estimate and paid all or part of the invoice.

For resellers and distributors who purchase the products for resale:

To take your order back, you must notify us within 14 days (invoice date) and the items must be unused and in the same condition in which they were delivered. The return will be at the expense of the purchaser. After our inspection, we will issue a credit note. If the items are returned after 14 days, 7% per month (invoice date) will be deducted from the total value.

Article 9 – Right to withdraw for online sales

In the case of online purchase by the buyer-user, he has a legal withdrawal period (14 days in France) to cancel his purchase, from the receipt of the items.

To exercise his right to withdraw, the buyer must notify the commercial department of BRIDGIN SARL of his decision to withdraw from the present contract with an unambiguous claim within 14 days (date of invoice):

By phone at +33 9 73 87 04 25,
By mail BRIDGIN SARL – division iDig -21 Boulevard Littré 78600 Le Mesnil le Roi,
By e-mail: info@idig-system.com

All items may be refunded except those excluded by law and marked accordingly, such as consumables.

The buyer must ensure that the order he or she withdraws from is returned complete. The items to be taken back must be intact, unused, complete, packed in the original packaging and, if necessary, unplugged. Items returned incomplete, damaged or worn will not be taken back.

The buyer will have to send back or return the item to BRIDGIN SARL at the address below without undue delay: BRIDGIN SARL division iDig – 21 Boulevard Littré – 78600 Le Mesnil le Roi.

As part of the exercise of the withdrawal right, the return costs can be charged to the buyer (except for a defective Product at reception or an error during the item’s shipment).

In this case and after inspection of the products, BRIDGIN SARL will refund all payments received from the buyer including shipping costs (except for additional costs arising from the fact that the purchaser has chosen, if any, a delivery method other than the standard delivery method).

Article 10 – Product warranty

As a manufacturer, BRIDGIN SARL guarantees the absence of manufacturing and material defects.

Before any return, a return form must be filled and sent to the following address: service@idig-system.com.

This warranty implies compliance with instructions of use and maintenance in case of continuous use.

10.1 Period and duration of the warranty

The warranty period begins on the purchase date of the device by the End User, as evidenced by the distributor’s invoice. In the absence of an invoice, the warranty period begins on the date of sale of the device by BRIDGIN SARL and, unless otherwise agreed, for a period of 12 months.

The manufacturer’s warranty is a guarantee of components and our workshops’ expertise in installing those components. In case of outside repairs, the parts under warranty will be exchanged and the labour costs are at the customer’s expense.

10.2 Guaranteed services

BRIDGIN SARL’s must replace or repair, at its expense, the defective part still under warranty. All replaced parts become the property of BRIDGIN SARL.

Replaced or repaired parts are then warranted for 90 days from the date of shipment or until the end of the original warranty period, whichever period is longer.

10.3 Warranty limits

The guarantee is not applicable in the case of abusive use, negligence, incorrect installation, insufficient maintenance, failure to comply with instructions for use, attempts to open, repair or modify parts of the device by the customer or a third party without prior written authorization by BRIDGIN SARL.

The warranty is not applicable if the date of sale exceeds 12 months or if it cannot be proved, particularly in the absence or illegibility of the serial number.

10.4 Shipping costs

Shipping costs when returning material under warranty are at the User’s expense.

Shipping costs to return repaired materials to the User are BRIDGIN SARL’s responsibility.

Article 11 – Intellectual property

BRIDGIN SARL hereby grants the User a non-exclusive, non-transferable license to use the Embedded Software as embedded or integrated into the Goods at the time of delivery as part of the Goods, to be used in conjunction with the rest of the Goods, but provided that the Goods are used exclusively for the purposes intended and for the User’s internal business purposes.

Unless expressly permitted under this clause and only to the extent and under the circumstances where such permission is expressly required by law, User may not rent, lease, sublicense, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, strip down or create derivative works based on all or any part of the Embedded Software and the Goods or to use, reproduce or deal in all or any part of the Embedded Software and the Goods in any way whatsoever.

For any of the aforementioned activities allegedly provided by law, the User agrees to send a prior written statement to BRIDGIN SARL describing the activity and stating the reasons why User believes it is authorised, and not to undertake the said activity until BRIDGIN SARL has had a reasonable opportunity to review and respond to the statement.

Article 12 – Liability for Use, Loss or Damage of Data

The User is liable for the selection and use of the materials and programs and the results obtained with the Goods supplied. It is also the User’s responsibility to put in place emergency and security measures to protect archived data from corruption, destruction, loss or misuse, including ensuring that data is protected using backups.

Article 13 – BRIDGIN SARL limited liability

BRIDGIN SARL liability is limited to the amount refunded for the material.

BRIDGIN SARL bears the risk of the equipment’s loss or damage up to and including the date of installation by BRIDGIN SARL’s employee; after this date, the risk is transferred to the User. If the installation is carried out by the User, the risk is transferred to the User upon receipt of the Goods by the User.

Note to the end-user:

All our products are controlled and certified in good working order for a quality service. As a professional, you have to regularly check the accuracy of your system.

To do so:

A/ Without slope

Place your bucket on a ground reference.
On your control box, set this position as the reference.
Raise the bucket
Using a measuring tape, check that the height between the ground reference and the bucket tooth is equal to the height indicated on the control box.

Repeat these checks in several positions on your work site by turning your cab.

B/ With slope – for checking pitch and roll and calculating slope in rotation

Take measurements with your slope laser
Check that the dimensions given by the slope laser and the position of the bucket tooth are always in constant deviation.

C/ When using a “tilt” bucket

make the measurements as shown in the drawing below :

For more information, please consult the manufacturer so that we can give you further explanations if necessary.

In the event of an error, BRIDGIN SARL cannot be held liable for an amount higher than that of the goods.