15.1. OPHTAZON shall inform the Buyer, on request only, of the products’ main characteristics and notably the conditions of use. The Buyer, as a professional, acknowledges that they are fully able to gauge the qualities of the equipment purchased and that they are familiar with the Manufacturer’s recommendations and descriptions.
15.2. In no event shall OPHTAZON be liable for any damage whatsoever, caused in particular by an abnormal use of the products.
Similarly, OPHTAZON shall not be held liable for any damage caused by fault, negligence, omission, malfunction or false declaration of the Buyer or an agent thereof.
15.3. Neither the Vendor nor OPHTAZON shall be held liable for the non-performance of the sales contract should a force majeure event occur, the meaning of which is outlined in Article 1218 of the French Civil Code. In particular, such events include but are not restricted to strikes, social unrest, riots, floods, accidents, fires, shortage of equipment, fault, negligence or omission of a third party over whom neither the Vendor nor OPHTAZON has any power of control and supervision.
By explicit agreement, the following constitute a case of force majeure: war, strikes, interruption of shipping, shortage of equipment and raw materials, natural disasters, labour disputes, mobilisation, requisition, embargos, prohibition of currency transfer, insurrection, general lack of supplies, restrictions on the use of energy and all cases of force majeure as retained by the French Courts. The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this. The suspension of obligations can in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
Performance of the obligation shall be suspended for the duration of force majeure if it is temporary and does not exceed one month (1). Consequently, as soon as the cause of the suspension of the Parties’ mutual obligations has disappeared, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this effect, the prevented Party shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt, or by any extrajudicial document.
For the duration of the situation, the Parties agree that any costs incurred by such will be divided in half.
15.4. In no event shall OPHTAZON be liable for indirect damages such as loss of earnings, operating losses, loss of profit, loss of opportunity, damage or costs that may arise from the purchase, installation or use of products listed for sale by an Advertiser.
15.5. The non-conformity or the presence of hidden defects for a product sold directly by its Manufacturer via the OPHTAZON platform can in no way engage the responsibility of OPHTAZON.
Subject to the conditions set out in Article 9 hereof, the Buyer declares that they will waive all claims against OPHTAZON on the grounds of design or manufacturing defects, thereby rendering them personally responsible for any claims against the Manufacturer of the equipment.
15.6. As from the delivery of the machine to the Buyer, OPHTAZON cannot be held liable under any circumstances for damages or accidents directly or indirectly related to a product’s use or tolerance of use.
15.7. The Buyer undertakes to ensure that the site is laid out in accordance with the technical manual of the machine listed online or distributed by the Manufacturer, relating to network connections, electrical and telephone connections, air conditioning, floor coverings and technical insulation.
15.8. The Buyer accepts to use the equipment sold in accordance with the Manufacturer’s recommendations, the user manual, operating and maintenance instructions, and any OPHTAZON recommendations following the technical inspection.
If the equipment is moved during the contractual guarantee period, the Buyer accepts to inform OPHTAZON at least 15 (fifteen) days in advance in order to enable the latter to provide all useful instructions.
In the event of a breakdown during the contractual guarantee, the Buyer must record such in a notebook held at OPHTAZON’s disposal which will indicate the nature of maintenance operations.
15.9. The Vendor-Advertiser certifies that they have full and sole ownership of the equipment they offer for sale on the OPHTAZON platform. As a result, they retain full legal responsibility as a Vendor.