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General Terms and conditions HASTIM12 Rue de Caulet - 31300 Toulouse

These terms and conditions detail the rights and obligations of the company HASTIMand those of the client through the sale of goods and services. Except formal and express derogation of HASTIM, the provisions of these terms and conditions shall prevail against all general purchase conditions put by the buyer. Status: 2016. .

Article 1 - GENERAL : Unless written stated otherwise all offers are valid for 30 days from the date of delivery thereof, and are subject to these conditions. The photos, dimensions, weight, performance, and design principles in the files tariffs or other supports are indicative by HASTIM and cannot be considered contractual data.  

Article 2 - PRICE: The prices of sold goods are those in effect the day of ordering. They are denominated in euros and exclusive of tax. Consequently, they will be increased by the rate of VAT and transportation costs applicable at the date of the order. The company HASTIM grants the right to change prices at any time. However, Hastimagrees to invoice the goods ordered at the price indicated in the order registration.

Article 3 - PAYMENT: Invoice is issued at the shipment’s date of the products. Unless stated otherwise agreed between the parties, in European Union: invoice settlement are to be made upon receipt of invoice by the client for the benefit of Hastim and outside European Union: invoice settlement are to be made on order by the client for the benefit of Hastim Any disputes relating to the invoice will be reported in writing within 48 hours from its receipt. The payment’s terms may be rejected for any reason whatsoever, even in cases of dispute.

Article 4 - LATE PAYMENT: Any delay in payment will result in late penalties due the day following the due settlement date, on the basis of 1.5 times the legal interest rate from the due date until paid in full, without prior notice. The legal interest rate is that in force on the day of goods delivery. This penalty is calculated on the amount of the outstanding sum. As of 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014). In addition to delay damages, any amount, including the deposit, not paid by its due date occur automatically on the payment of a lump sum of 40 euros due for recovery costs. Articles 441-6, paragraph 12 I and D. 441-5 of the Commercial Code.

Article 5 - TERMINATION CAUSE: If within fifteen days following the implementation of Article 4 "Late Payment", the buyer has not paid any sums due, the sale will be canceled automatically and will open right to the allocation of damages in favor of the company Hastim.

Article 6 - RETENTION OF TITLE: According to Law No. 80.335 of 12-5-1980, Hastim retains full ownership of the goods until full payment of the invoice price in principal and accessories. Until that time, the goods delivered will be considered as recorded and the buyer shall bear the risk of loss and damage that the goods could suffer or cause for any reason whatsoever. Until full payment, the goods cannot be resold without the prior agreement of Hastim, which may, if necessary, claim them. Notwithstanding any provision in these Terms of Sale, in case of non-compliance by the buyer of one of the terms of payment, Hastim without losing any of its rights may require by registered letter the return of the goods at the cost of the buyer until execution by the latter of its total commitments. The buyer is obliged to inform immediately Hastim of the seizure, requisition or confiscation in favor of a third of the goods, and to take all protective measures to publicize the Hastim property rights in case creditor intervention. As the Hastim property right exists, no attachment, as collateral, renting or otherwise making available, incorporation or transformation of the goods may not take place without the prior written permission and discretionary Hastim, which may make its authorization the collateralization of payment or require full prepayment.

Article 7 - DELIVERY AND SHIPPING: Delivery is made:

  • • or by direct delivery of the goods to the buyer;

  • • or at the place indicated by the buyer on the order form.

The delivery time indicated when recording the order is indicative only and is not guaranteed. Consequently, any reasonable delay in delivery of the products will not lead to the benefit of the buyer.

  • • the allocation of damages;
  • • cancellation of the order.

The transport risk is borne entirely by the purchaser. In case of missing or damaged goods during transport, the buyer must express all necessary reservations on the order upon receipt of the goods. These reservations must be further confirmed in writing within five days of delivery by registered mail AR and the buyer will be responsible to take action against the carrier. such, force majeure means any external, unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code.

Article 8 - FORCE MAJEURE: Responsibility for Hastim society cannot be implemented if the non-performance or delay in performing any of its obligations described in these Terms of Sale arises from a force majeure.

Article 9 - GUARANTEES: Hastim ensures the delivered goods against defects in material or workmanship. If a defect was notified in writing within 15 days of receipt, the goods would be repaired or exchanged free by Hastim after technical screening, port being borne by the seller. This guarantee, if it plays by notification in due time, cannot in any case exceed one year from shipment. Hastim cannot be held liable for direct or indirect consequences of failure merchandise.

Article 10 - CLAIMS OR RETURNS; All claims must be notified in writing within 15 days of receipt of the goods. All returns must be approved by our sales department and confirmed by a letter indicating especially the conditions of return of goods and a return number which must be worn legibly on the shipping carton. In all cases, the acceptance of the return is connected to input controls.

Article 11 - STUDIES AND DOCUMENTS: The documents and studies realized by Hastim technical services remain its sole property even if it was asked to the buyer a financial contribution for study costs. Similarly, they cannot be disclosed to third parties without authorization Hastim.

Article 12 - REPRODUCTION: The purchase of goods doesn’t authorize to copy them. Reproduction of goods is prohibited.

Article 13 - ADDITIONAL COSTS: In the case of a shift or a change order executed on instructions or lack of instructions from the buyer, Hastim may charge any increase in costs resulting from this delay or modification (finished goods inventory, parts, outstanding, ...). Similarly, every cancellation will result in payment of the actual costs incurred by Hastim in its execution.

Article 14 - DISPUTES: For all disputes relating to sales by Hastim and application or interpretation of these terms, shall have exclusive jurisdiction the Tribunal de Commerce de Toulouse.

Article 15 - FOREIGN TERRITORY: When the sale is accompanied by an export from the French customs territory, the above conditions remain applicable. However, they are supplemented or modified as follows: the delivery of the thing sold is always performed on the French customs territory. Unless otherwise indicated, it is deemed surplus made ex works according to INCOTERMS of the International Chamber of Commerce. On request the shipment of the goods may, however, be ensured to a point of destination named by the buyer without this changes the fundamental principles governing the sales Hastim as previously indicated. Failing precise instructions of our mandate for freight and insurance, their choice is insured for the account and expense of the purchaser in its best interests. Any dispute shall be finally settled according to the "Rules of Conciliation and Arbitration" of the International Chamber of Commerce by one or more arbitrators appointed in accordance with this regulation and applying the principles of French law. The arbitration will take place in Toulouse and will be preceded by a mandatory conciliation. Confirmed by judgment of the award or its approval for the purpose of enforcement may be claimed as the case to the competent court.

Article 16 - REGISTERED TRADEMARK: APAVAC is a registered trademark of Hastim.


Article 17 - VALIDITY OF CONTRACTUAL TERMS: The legal invalidity of one or more articles of these terms and conditions shall in no way affect the validity of the remaining provisions.

Done at Toulouse, on 27 january 2022 https://www.hastim.fr/ /
HASTIM Société anonyme au capital de 38 959, 65 euros  SIRET 448 058 701 0002112 Rue de Caulet - Aéroparc St Martin A06 – 31 300 Toulouse– France - Tél : 33 (0)5 34 47 86 10