Common use of Formalization Clause in Contracts

Formalization. 5-1-1 Operations involving payment of an advance 1) the establishment, on one hand, of a Purchase Order by the Client (representing the "Purchase Order") and the payment of the amount due by the Client (see article 5.3 below ), and, on the other hand, the written acceptance of this order by the Company in the form of an acknowledgement of receipt (the "Confirmation of the Order"), or 2) the written acceptance, on one hand, by the Client of the Engagement Letter having the value of an agreement and the payment of the amount due thereto by the Client (see article 5.3 below) and, on the other hand, the written acceptance of this engagement by the Company, in the form of an acknowledgement of receipt ("Confirmation of the Order"). 5-1-2 Operations not involving payment of an advance 1) the establishment, on the one hand, of a Purchase Order by the Client (representing the "Purchase Order") and, on the other hand, the written acceptance of this order by the Company in the form of an acknowledgement of receipt (the "Confirmation of the Order"), or 2) the written acceptance, on the one hand, by the Client of the Engagement Letter having the value of an agreement and, on the other hand, the written acceptance of this engagement by the Company, in the form of an acknowledgement of receipt ("Confirmation of the Order"). 5-1-3 Formalism The Purchase Order or the Engagement Letter having the value of an agreement must be sent to the Company without any modification: - either (1) by regular post, duly signed and dated with the words "Order for Agreement" by the person legally responsible and the commercial stamp of the Client or (2) by e-mail with a scanned copy of the Purchase Order or the Engagement Letter duly signed and dated with the words "Order for Agreement" of the person legally responsible and the commercial stamp of the Client, - or by e-mail with the express consent of the Client. The Purchase Order sent by the Client to the Company must specify: - The nature of the Deliverable, the quantity, type and references, - The agreed price excluding taxes, - The amount of rebates and discounts, if any, - The payment terms, - The schedule detailing the actions and obligations of the Client and of the Company as well as the time frames for completion, - The reminder of the full acceptance by the client of the General Terms and Conditions of Sale. Without the receipt of the Client’s agreement and/or advance payment, or failing the acceptance by the Company of the Purchase Order or Engagement Letter, the proposal of the Purchase Order or Engagement Letter is deemed cancelled and the Company has the right not to start the provisions of services or not to deliver. The validation of the order implies the full and unreserved acceptance by the Client of the present GTC. The Client acknowledges having verified the suitability of the order to its needs and having received from the Company all the information and advice necessary to issue the Purchase Order or enter into the Agreement with full knowledge of the facts. The Client undertakes to cooperate with the Company, in particular by precisely communicating the extent and nature of his needs. For each order, the Client must be able, at the request of the Company, to justify to the latter its solvency. Failing this, the Company may either request that the payment of the order be made for the total amount before delivery of the Products or the provisions of the service or terminate the Agreement.