SCOPE

These general terms and conditions apply to sales and services marketed by CUBNER to Customers, excluding container rental.

These general terms and conditions apply to both Consumers and Professionals (as defined in the preliminary article of the Consumer Code), subject, however, to the specific provisions applicable to each of these two categories as expressly indicated below. The contact details of the seller (hereinafter "the Seller" or "the Service Provider" or "CUBNER") are:

CUBNER Company, a simplified joint-stock company with a capital of €200.000, whose registered office is located at 21 Bis Avenue de l'Automobile – 24750 TRÉLISSAC, RCS PÉRIGUEUX 802 146 977, Tel: 05 53 07 26 82, email: contact@cubner.com.

GENERAL PROVISION

Placing an order implies the Customer's unreserved acceptance of these General Terms and Conditions. These General Terms and Conditions of Sale prevail over the Customer's general terms and conditions of purchase. No different clause shall be enforceable against the Seller unless expressly accepted by the Seller.

In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Customer who requests them, to enable them to place an order with the Seller.

ENGAGEMENT

Only acceptance of the order/quote/pro forma invoice by CUBNER, materialized by an acknowledgment from CUBNER, definitively binds CUBNER with regard to the specifications of the quote, pro forma invoice or the order form validated by the Client.

The Customer accepts that CUBNER may modify certain technical characteristics without prior notice if the substitute product meets the needs expressed by the buyer and fulfills the purpose of the order.

After acceptance of the order by the Client and CUBNER, the submission of plans or specifications will be deemed accepted unless the buyer responds within five business days. These elements will be used to initiate the manufacturing process.

It is expressly agreed that if the value of the EURO relative to that of the US DOLLAR varies by more than 0,05% since the date of issue of the quotation by CUBNER, then the quotation will be
Once expired, it will no longer constitute a proposal from CUBNER, who will issue a new quote.

It is the Client's responsibility to inform CUBNER of any specific requirements they may have, as well as any specific conditions of the land that would accommodate containers.

Unless otherwise specified, the studies and recommendations provided by the Seller are made free of charge and given to the Customer for informational purposes only. They do not constitute technical specifications for the selection of products ordered and do not constitute a binding commitment on the part of the Seller. It is the Customer's responsibility to review and verify that these studies and recommendations comply with the general rules applicable to the use of these products.

Any modification to the order or quote will be subject to additional charges. Furthermore, any order modifications will only be considered to the extent possible by the Seller.

Any modification to the order must be accepted by CUBNER and may extend the execution time.

No accepted order may be cancelled except with written agreement from CUBNER and in this case CUBNER will invoice compensation corresponding to the costs incurred and lost profits.

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations arises from a case of force majeure.

By express agreement, the following constitute a case of force majeure: exceptional health or climatic hazards independent of the will of the Parties, the impossibility of obtaining supplies from a supplier, the delay taken by a supplier or a subcontractor or a carrier (if the customer is a consumer, the consumer that he has personally found) even if all the conditions referred to in Article 1218 paragraph 1 are not met, as well as any case meeting the conditions referred to in Article 1218 of the Civil Code.

CONTAINER DELIVERY OR PICKUP

Any container removal or delivery can only be carried out:

– if access is sufficient for the truck to enter and maneuver,

– the ground must be able to support the weight of the 32-tonne truck and the self-propelled crane, and must not be slippery (in particular, no loose ground).

Delivery trucks must not drive on a grassy path to access the site (unless expressly agreed).

It is the Buyer's responsibility to apply for a parking permit from the town hall if necessary.

If failure to comply with the above rules increases the initially planned loading/unloading time, an additional amount will be charged for the time spent, at an hourly rate of €180 excluding VAT.

If delivery cannot be made due to non-compliance with these rules, the Buyer will be charged in full and will have to pay the costs of a new delivery.

In any event, the installation methods of the product sold are the responsibility of the Customer, CUBNER only sells a product that is placed on a surface that is never prepared by CUBNER.

OBLIGATION TO ACCEPT SOLD PRODUCTS

The customer is required to take possession of the goods ordered on the date agreed with CUBNER, namely on the date of delivery of these goods by a carrier mandated by CUBNER or on the date agreed with CUBNER on which the customer or a carrier mandated by the latter must come to collect the goods.

If the customer fails to take possession of the goods under these conditions and within these time limits, the customer will be liable for the costs generated, these costs being the costs of storage and handling, transport and all other costs generated by the customer's failure to comply with its obligations.

The parties agree that storage costs are €10 excluding VAT per day, per container and any handling, transport or other costs generated will be applied according to the cost to CUBNER plus 20%.

In the event of a delay by the customer in taking possession of the goods, storage will be carried out at the customer's own risk.

PRICE AND PAYMENT TERMS

Our price quotes are made either for a specified period of validity, or for a period of FIVE working days if no period is specified.

The goods travel at the Client's expense.

If the customer arranges the transport of goods, it is their responsibility to negotiate the pricing terms.

Unforeseen circumstances: the Parties decide that Article 1195 of the Civil Code is applicable.

Any changes, whether to the rate or the nature of the taxes to which our sales are subject, are passed on, from their legal date of application, to the prices already given by us to our Customers, as well as to those of current orders.

These modifications cannot under any circumstances be grounds for cancellation of the order.
The Seller will provide the Customer with the rates, terms, and schedules for price reductions, discounts, rebates, and refunds upon request. Price reductions, discounts, rebates, and refunds will only take effect after signature and cannot be applied retroactively.

RETENTION OF TITLE CLAUSE

Ownership of the goods is transferred only upon full payment of the price.

In the event of non-payment, we reserve the right to reclaim the goods sold. However, the risk of loss and damage will be transferred to the Buyer upon delivery of the ordered products, including in cases of force majeure or unforeseen circumstances, and upon taking possession of the goods. The Buyer must, upon request from the Seller, provide proof of having taken out insurance to cover these risks, for the benefit of whomever it may concern, and of having paid the corresponding premiums. Should our company have to reclaim the goods, it will retain any deposits received as liquidated damages.

The Customer is prohibited from disposing of the goods by reselling them, processing them, or altering their nature until the price has been paid in full. We must be informed immediately of any seizure until the price has been paid in full or any other infringement of our rights.

PAYMENT TERMS

Our goods and services are payable in full upon delivery, without discount, unless otherwise stipulated. No payment by set-off is possible without the Seller's prior written consent.

The following payment methods are accepted: bank transfer, check, cash (subject to payment limits as per applicable regulations). Cash payments from an individual to a professional or between professionals are permitted up to €1,000.

This cash payment limit is raised to €10,000 if the customer has their tax residence abroad and is paying for a personal expense.

The above cash payment limits do not apply to payments made by persons who are unable to bind themselves by check or other means of payment, as well as by those who do not have a deposit account.

Unless otherwise stated in the quote, the payment terms for Professional or Consumer clients are set at:

Within ten days from the invoice date. The invoice is issued upon order unless otherwise agreed.

If the execution of certain work is spread over several phases, the service provider may issue invoices to the client in installments. Each invoice will cover the work performed by the service provider between two installments, as the services are completed. These invoices are payable under the terms and conditions set forth in these general terms and conditions.

Any delay in payment may result in the suspension of the execution of our work, without any compensation being due from us, fifteen days after the sending of a formal notice sent by registered letter with acknowledgment of receipt and remaining without effect.

Any delay in payment will result in the immediate demand for payment of all sums owed to the Seller by the Buyer, without prejudice to any other action that the Seller may be entitled to take against the Buyer in this respect.

Failure to meet any of the agreed deadlines, whether for a sale of goods or a service performed by CUBNER, will result in the application of:

Late payment penalties are calculated from the day following the payment due date shown on the invoice at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points. In this case, the applicable rate for the first half of the year is the rate in effect on January 1st of that year. For the second half of the year, it is the rate in effect on July 1st of that year. Late payment penalties are due without prior notice.

A fixed compensation fee of €40 for recovery costs is payable in the event of late payment. This fixed amount is in addition to late payment penalties but is not included in the penalty calculation. If the actual recovery costs incurred exceed this fixed amount, further compensation may be claimed upon presentation of supporting documentation.

PAYMENT GUARANTEE

We reserve the right to request that the buyer provide us with a sound and solvent guarantee, deposit, or security sufficient to cover their obligations. In case of refusal or impossibility, the order will be automatically cancelled by registered letter with acknowledgment of receipt.

SHIPPING

For Consumers, the responsibility for the risk of loss or damage to goods is transferred when the consumer or a third party designated by him, and other than the carrier proposed by the Seller, takes physical possession of those goods.
When the consumer entrusts the delivery of the goods to a carrier other than the one proposed by the Seller, the risk of loss or damage to the goods is transferred to the consumer upon delivery of the goods to the carrier. Transport must be carried out on a container chassis, or, failing that, on a suitable flatbed chassis.

Upon taking possession, it is the responsibility of the customer, or their representative, to know the condition of the goods.

If the execution of the order gives rise to any reservations on the part of the Customer, these must be made no later than THREE days following delivery to the site designated by the Customer, whether the delivery was managed by Cubner or the collection was carried out by the Customer or a subcontractor of the Customer. After this period, even without full payment of the price, no claim relating to apparent non-conformity of the order or apparent defects will be accepted. In the event of delay, loss, damage, or theft, it is the responsibility of the Customer, if a Professional, to initiate the claim with the carrier within the specified time limits by registered letter with acknowledgment of receipt. The Seller must also be informed immediately in the event of delay, loss, damage, or theft.

If the Customer, whether a Consumer or a Professional, arranges the transport themselves or delegates this service to a third party of their choosing, the load securing will be carried out under the Customer's sole responsibility. The Customer must lock the twist-locks on the chassis. In the case of authorized loading onto a flatbed chassis, it will be their responsibility to secure the container and provide sufficient, high-quality straps suitable for the transport in question. CUBNER cannot be held liable for damages caused by inadequate load securing, whether to the goods/container, the carrier's vehicles, its personnel, or third parties in general. The Customer remains responsible for all damages caused to CUBNER. The Customer waives all recourse against CUBNER for risks related to load securing on the chassis and agrees to indemnify and hold CUBNER harmless against all third-party claims. The Client acknowledges having read this information and expressly releases CUBNER from any liability for load securing that may fall upon CUBNER under certain legislative, regulatory, or national or international conventions. The Client also undertakes to remind the driver or any other person likely to be involved in organizing the transport of the provisions herein. It is also the responsibility of the transport organizer (or carrier) to inquire about the collection of one or more products from a private depot. Some private depots require prior registration and an appointment to collect products. Furthermore, it is always the carrier's responsibility to check the product being loaded onto their truck. No dispute or claim can be made once the product has left the depot. In the event of a problem at the depot during product collection, CUBNER is available to assist the carrier by telephone at +33 5 53 07 26 82.

For professionals, regardless of the mode of transport, and even when shipped free of charge, goods always travel at the recipient's risk.

DELIVERY TIMES

The delivery times stated in this article are subject to CUBNER having all the necessary information which the Customer undertakes to provide no later than the day of the order or of sending the quote / pro-forma invoice.

For Professionals, the delivery and transport times communicated are only indicative and are not likely to lead to the application of delay clauses.

They do not constitute any commitment on our part. Except in special cases or if one or more products are unavailable, the products ordered are delivered in a single shipment.

For Consumers, unless otherwise specified, the maximum delivery period is 30 days from the conclusion of the contract. If the 30-day delivery period is not met, the buyer may terminate the contract by registered letter with acknowledgment of receipt or by written notice on another durable medium, if, after having formally requested the Seller, using the same methods, to make the delivery or provide the service within a reasonable additional period, the Seller has not complied within that period. The contract is considered terminated upon receipt by the professional of the
letter or written notice informing him of this resolution, unless the professional has complied in the meantime.

The consumer may immediately terminate the contract if the professional refuses to deliver the goods or provide the service, or if the professional fails to fulfill their obligation to deliver the goods or provide the service by the date or within the period initially agreed upon with the consumer, and if this date or period constitutes an essential condition of the contract for the consumer. This essential condition may arise from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the contract was concluded.

The Seller undertakes to make the refund no later than fourteen days following the date on which the contract was terminated.

WORKS – COMPLETION DEADLINE

The work will be carried out as quickly as possible, or within the timeframe specified in the order or quote, or within the timeframe resulting from a written schedule agreed upon by both parties if the client's acceptance date for these documents no longer allows the service provider to work within the timeframe indicated therein. Finally, the work will be carried out within a timeframe resulting from a schedule established by agreement with any subcontractors, other trades, and the client (or their representative).

GUARANTEE – LIABILITY

For Consumers, CUBNER, the Seller, is liable for defects in conformity of the goods to the contract under the conditions of Articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

The Seller cannot waive these warranties or limit their scope with respect to a consumer.

The consumer has a period of two years from the delivery of the goods to
To obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it appeared. When the sales contract for the goods provides for the continuous provision of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the planned provision period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared. The legal guarantee of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him.
If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good or of substitution ;
4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the property with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the restored property.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300 euros, which may be increased to 000% of average annual turnover (Article L. 10-241 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property.

All warranties are excluded in the event of misuse, negligence or lack of maintenance by the Customer, as well as in the event of normal wear and tear of the goods, accident or force majeure.

For any questions or complaints relating to the execution of this agreement, the customer may contact Customer Service as follows:

By phone: 05 53 072 682 (local call rates apply)
By mail: TO THE REGISTERED OFFICE OF SAS CUBNER, 21 Bis Avenue de l'Automobile 24750 TRÉLISSAC – FRANCE

For Professionals, LIMITATION OF LIABILITY CLAUSE

In any event, CUBNER's liability, regardless of the purpose of its services and the origin, nature, and extent of the damage, shall in no case exceed the cost of the disputed service invoiced by CUBNER. The Client expressly acknowledges that CUBNER's liability shall be limited to direct material damages. The Client waives all recourse and undertakes to obtain a waiver from its insurers or any assignees of any claim against CUBNER for direct intangible and bodily injury, and all indirect damages such as business interruption losses.

For Consumers and Professionals

The following are excluded from any warranty:

defects resulting from abnormal use of the container or negligence on the part of the buyer
damage or accidents resulting from negligence or third-party intervention
damage resulting from a lack of maintenance or monitoring

The dimensions, colors and weights of materials subject to variation due to their nature or method of manufacture benefit from customary tolerances, in the same way as for defects in paint, insulation, sealing, electrical work.

It is the Client's sole responsibility to verify that the goods/container delivered by CUBNER conform to its instructions, and in particular the conformity of the refrigerated container's indexing temperature/air vent opening rate. In the event of damage affecting the
goods resulting from an indexing error or from a hatch opening not noted when the container was handed over by CUBNER, CUBNER cannot be held liable under any circumstances.

In the event of damage to goods, the container, or its components resulting from a service performed by CUBNER, the Client agrees to invite CUBNER to conduct an expert assessment within a reasonable timeframe of at least 48 hours in order to carry out the findings jointly. The conclusions of any expert assessments for which CUBNER has not been invited or notified by the Client shall not be binding on CUBNER, who shall be released from all liability.

Repair, modification or replacement of parts during the warranty period cannot have the effect of extending the total warranty period of those parts.

SPECIAL CONDITIONS FOR SALES TO CONSUMERS: RIGHT OF WITHDRAWAL

Cases in which you have a right of withdrawal

If you are a consumer, you have a right of withdrawal, unless the contract was negotiated during your visit to a CUBNER business establishment. In the latter case, you do not have a right of withdrawal, unless the order was concluded at our establishment immediately after you were personally and individually solicited.

The right of withdrawal cannot be exercised for the following contracts:

– the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his acknowledgment of the loss of his right of withdrawal, when the service has been fully performed by the professional;

– Supply of goods made to the consumer's specifications or clearly personalized;

– The supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;

Exercise of the right of withdrawal

If you have a right of withdrawal, you can withdraw from the contract without giving any reason within fourteen days.

The withdrawal period expires fourteen days after the day:

Hypotheses	The withdrawal period expires 14 days later.
Service contract	The day the contract was signed
contract de vente	The day on which you, or a third party other than the carrier designated by you, takes physical possession of the goods.
Contract covering several goods ordered by the consumer through a single order, if these goods are delivered separately	The day on which you, or a third party other than the carrier designated by you, takes physical possession of the last item.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g., a letter sent by post or email). You may use the model withdrawal form (at the end of these terms and conditions), but it is not obligatory.

For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of the retraction

En cas de votre part of retractation du présent contrat, rembourserons nous vous tous les paiements reçus de vous, y compris les frais de livraison (à l'exception des frais supplémentaires découlant du fait que vous avez choisi, le cas échéant a mode of livraison autre mode you couteux moins de livraison standard proposé par nous) excessif et sans retard, en tout état de cause, au plus tard quatorze jours à compter du jour où nous sommes reports of retractation votre décision du présent contrat.

The return shipping costs are your responsibility. These costs are equal to twice the original delivery charges stated on the quote or order form. If the item needs to be returned, the Buyer may wish to contact other carriers located near the original delivery address to potentially obtain lower rates.

The Customer who exercises his right of withdrawal must return the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you.

We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.

In the event that the goods have suffered depreciation between the date of delivery and the date of return resulting from use other than necessary to ascertain their characteristics and proper functioning, the Seller may deduct from the amount to be refunded to the Customer the costs corresponding to the depreciation of these goods.

Off-premises sale, payment prohibited for seven days

Off-premises sales refer to any contract concluded between a professional and a consumer:

a) In a place other than where the professional carries out his activity permanently or habitually, in the simultaneous physical presence of the parties, including following a solicitation or offer made by the consumer;

b) Or in the place where the professional carries on business permanently or habitually or by means of a distance communication technique, immediately after the consumer has been personally and individually solicited in a place other than that where the professional carries on business permanently or habitually and where the parties were, physically and simultaneously, present; In the case of an off-premises sale, the Seller may not receive any payment or consideration, in any form whatsoever, from the Customer before the expiry of a period of seven (7) days from the signing of the Order.

PERSONAL DATA AND THE RIGHT TO OBJECT TO TELEPHONE SOLICITING

The personal data collected under this contract is necessary for its execution. The purpose of processing this data is the execution
of this contract (invoicing, accounting, ordering, transport, delivery), the management of data access rights, rectification, the management of the commercial relationship (prospecting, statistics).

The data controller for this data is:

CUBNER Company, a simplified joint-stock company, whose registered office is located at 21 Bis Avenue de l'Automobile – 24750 TRÉLISSAC, RCS PÉRIGUEUX 802 146 977, Tel: 05 53 07 26 82, email: contact@cubner.com.

The data is kept for the entire duration of the execution of this contract.

However, data used to establish proof of a right or contract, or kept to comply with a legal obligation, will be subject to an archiving policy for a period not exceeding the time necessary for the purposes for which it is kept, in accordance with applicable provisions (including, but not limited to, those provided for by the Commercial Code and the Civil Code):

Application of Article L 123-22 of the Commercial Code with regard to accounting obligations: "Accounting documents and supporting documents are kept for TEN years."
Pursuant to Article 2224 of the Civil Code, the general limitation period for personal or movable property is five (5) years, therefore CUBNER must retain all or part of the seller's data for their administrative interest, particularly in the event of litigation, for FIVE years.

CUBNER only shares buyer data with the following entities in order to fulfill the aforementioned purposes:

– CUBNER Company (authorized personnel only)

– Service providers and subcontractors performing services on behalf of CUBNER; they are rigorously selected.

– Financial, judicial or state authorities, public bodies upon request and within the limits permitted by regulations.

– Certain regulated professions such as lawyers, notaries, auditors, chartered accountants.

Under no circumstances will CUBNER sell or share data with third-party business partners. Customer data will not be transferred to a country outside the European Union (or to an international organization).

Within the CUBNER company, only those people who, by virtue of their functions, have a legitimate interest in accessing your information will have access to it.

In accordance with applicable regulations regarding personal data, you have the right to access, rectify, object to, and limit your personal data.
regarding the processing, erasure, and portability of your data, which you can exercise by email or mail to

rgpd@cubner.com
CUBNER Company, 21 Bis Avenue de l'Automobile – 24750 TRÉLISSAC, specifying your name, surname, address and attaching a double-sided copy of your identity document.

In case of difficulty related to the management of your personal data, you can address a complaint to the company CUBNER at the contact details mentioned above or lodge a complaint with the CNIL or any other competent authority.

DO-NO-CALL LIST

We inform you that you have the option to register free of charge on a telephone marketing opt-out list, in accordance with Articles L. 223-1 et seq. of the Consumer Code, in order to no longer be contacted by telephone by any professional with whom you do not have a current contractual relationship.

VALIDITY OF THE GENERAL TERMS AND CONDITIONS

Any modification of applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of the other clauses of these General Terms and Conditions.

THE CLIENT SUBSCRIBES TO A LEASE AGREEMENT WITH A THIRD PARTY WHO ACQUIRES THE CONTAINER

The Customer may prefer to obtain the Products sold by CUBNER by entering into a lease agreement with a Third Party financier who acquires the Products from CUBNER and leases them to the Customer.

The provision of the Products is then governed by the contract concluded with this Third-Party Financier.

In this case, the Client expressly agrees to:

– provide all necessary documents to the Third Financing Party to enable the execution of the contract and in particular the SEPA mandate, the delivery confirmation, the CUBNER invoice, the rental agreement, these documents must be dated and signed;

– to take all necessary steps to ensure compliance with the provisions of the lease agreement and the implementation of this agreement.

If the Client fails to comply with the preceding provisions, and in particular if
Failure to submit the delivery report within 48 hours of delivery, thereby preventing the implementation of the lease agreement and payment of the sale price to CUBNER by the Third-Party Financing, even though the Products have been delivered, will render the Customer liable
to CUBNER of compensation equal to the selling price of the Products to the Third Financing party plus 10%.

MODIFICATION OF GENERAL TERMS AND CONDITIONS

The General Terms and Conditions may be modified and updated by the Seller at any time. The applicable General Terms and Conditions are those in effect at the time of the order.

The fact that CUBNER does not invoke any of these General Terms and Conditions during a given period cannot be interpreted as a waiver of its right to invoke said condition or, more generally, other conditions at a later date.

PENALTY CLAUSE

By express agreement, and unless an extension is granted by us, failure to pay by the due date will result, regardless of the payment method provided, in legal action and the application of damages equal to 10% of the unpaid amount plus court costs and legal interest.

PROTESTS

The Seller elects domicile at its registered office.
All contractual relations between the Seller and the customer, arising from the application of these General Terms and Conditions and all disputes arising therefrom, whatever their nature, shall be subject to French law.

The customers and the Seller agree to do their best to resolve amicably any disagreements that may arise from the interpretation, performance or termination of their contractual relationship.

Any dispute between the customers and the Seller concerning the existence, validity, performance, non-performance, interpretation or termination of these General Terms and Conditions, or more generally any dispute arising from the performance of these contractual relations, shall be subject to the exclusive jurisdiction of the French courts.

With regard to the specific case of disputes with a Merchant client, any dispute which may arise in connection with the interpretation or execution of these General Terms and Conditions shall be under the jurisdiction of the Commercial Court of Périgueux, which shall have exclusive jurisdiction, even in the event of a third-party claim or multiple defendants, and notwithstanding any contrary clause.

The consumer Client is informed by the professional of the possibility of resorting, in the event of a dispute, to the consumer mediation procedure under the conditions provided for in Title I of Book VI of the Consumer Code (Articles L 611-1 et seq. of the Consumer Code) or to any other alternative dispute resolution method.

The contact details for the consumer mediator appointed by CUBNER are as follows:

CM2C, 14 rue Saint-Jean – 75017 PARIS, website: https://cm2c.net.

The consumer may, at his/her choice, in addition to one of the courts with territorial jurisdiction under the code of civil procedure, bring the matter before the court of the place where he/she resided at the time of the conclusion of the contract or the occurrence of the harmful event.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

LIABILITY INSURANCE

CUBNER is covered by professional liability insurance taken out with AXA under contract number 6218286504.

INTELLECTUAL PROPERTY RIGHT

CUBNER retains ownership of all intellectual property rights to studies, drawings, models, prototypes, etc., created (even at the Buyer's request) for the purpose of supplying products or services to the Buyer. The Buyer is therefore prohibited from reproducing or using said studies, drawings, models, prototypes, etc., without the Seller's express, prior written authorization, which may be subject to a financial consideration.

CONTAINER MODIFICATION BY THE BUYER / TRANSPORT

Any work carried out by the buyer on the container may cause damage or weaken its structure. CUBNER will not be responsible for any problems arising from this work.

Transporting a container requires specific skills. It is strongly advised to use the services of a professional.

CONSUMER'S RIGHT OF WITHDRAWAL IN CASE OF OFF-THE-COUNTER SALES

ESTABLISHMENT (Articles L.121-21 to L.121-21-8 of the Consumer Code),

(Compléter Veuillez et le présent renvoyer formulaire souhaitez vous vous uniquement if rétracter du contrat.)

To the attention of CUBNER, a simplified joint-stock company, whose registered office is located at 21 Bis Avenue de l'Automobile – 24750 TRÉLISSAC, RCS PÉRIGUEUX 802 146 977, Tel: 05 53 07 26 82 Email: contact@cubner.com.

I hereby notify you of my withdrawal from order referenced ____________ dated _____________ / received on _____________ .

Consumer name: __________________________

Consumer address: __________________________

Date _____________

Consumer signature:
(only if this form is notified on paper)

These General Terms and Conditions of Sale are provided for information purposes only; only the General Terms and Conditions of Sale transmitted with our quotes, pro forma invoices or purchase orders are authentic and contractually binding on the parties.

GENERAL TERMS AND CONDITIONS OF SALE / SERVICE – SAS CUBNER

SCOPE