General terms and conditions of sale – September 2024
These general terms and conditions of sale govern the sale of products and services by Control Automation to the customer. Additional terms may apply to services provided by Control Automation Ltd (for example, the Business Subscription Agreement). If these additional terms are inconsistent with the Terms and Conditions, the additional terms will prevail over these Terms and Conditions.
Please read these terms and conditions carefully before placing an order with Control Automation Ltd. By accepting an order from Control Automation Ltd, the customer signifies their acceptance of these terms and conditions.
The customer explicitly waives its own terms and conditions, even if these were drawn up after Control Automation Ltd's General Terms and Conditions of Sale. To be valid, any waiver must be expressly agreed in advance in writing.
Our invoices are payable immediately, unless another payment deadline is indicated on the invoice or order. In the event of non-payment on time, Control Automation Ltd. reserves the right to demand a fixed interest payment amounting to 10% of the outstanding amount. Control Automation Ltd shall be entitled to suspend any provision of services without notice in the event of late payment.
If a payment is still outstanding more than sixty (60) days after the due date, Control Automation Ltd reserves the right to use the services of a collection company. All legal costs will be borne by the client.
Some countries apply a withholding tax on the amount of invoices, in accordance with their domestic legislation. Any withholding tax will be paid by the customer to the tax authorities. Control Automation Ltd cannot be involved in any costs related to the legislation of a country. The invoice amount will therefore be due to Control Automation Ltd in full and does not include any costs related to the legislation of the country where the client is located.
Payment for subscriptions must be made by the customer before the due date. In case of late payment exceeding 15 days, Control Automation Ltd reserves the right to suspend the services related to this subscription. The contractual amounts remain due.
Control Automation Ltd undertakes to provide the services within the agreed timescales. However, none of its obligations can be considered as an obligation to achieve results. Control Automation Ltd. can in no way be required by the customer to act as a third party in a claim for damages brought against the customer by an end consumer.
To be admissible, any complaint must be notified to Control Automation Ltd by letter addressed to its registered office within 8 days of delivery of the goods or provision of the services.
To the maximum extent permitted by law, the aggregate liability of each party and its affiliates shall not exceed 50% of the total amount paid by the Customer under these conditions in the 12 months immediately preceding the date of the event giving rise to such claim. Multiple claims shall not enlarge this limitation.
Control Automation Ltd reserves the right to change these conditions at any time without notice. The customer will be subject to the conditions in force at the time of acceptance of these conditions. All our contractual relations will be governed exclusively by Mauritian law. In addition, any dispute that may arise shall be exclusively subject to the jurisdiction of the courts of Port Louis (Mauritius).
All our contractual relations will be governed exclusively by Mauritian law. In addition, any dispute that may arise shall be exclusively subject to the jurisdiction of the courts of Port Louis (Mauritius).