Common use of RESPONSABILITY Clause in Contracts

RESPONSABILITY. 11.1. The Company shall take all appropriate measures to ensure that the products and services are provided to the Client in optimal conditions. However, the Company shall not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company's liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damages or damages whose existence and/or quantum would not be established by evidence. 11.2. It is expressly stipulated that the Company shall not be held liable in any way whatsoever in the event that the Client's computer equipment or electronic mailbox rejects, for example due to anti-spam software, the electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail. 11.3. The Client agrees to take cognizance of and follow the recommendations provided by the Company in the context of the use of the equipment. In order of importance, these recommendations are given by: the Company's support team (call to agronomists, response by email, direct response on dedicated platforms), the online documentation of the WIKI collaborative encyclopedia, the recommendation sheets of the starter kit, automatic advice from the HUB platform. 11.4. The Customer undertakes to implement the maintenance actions necessary for the proper functioning of the products. The Company will not be able to guarantee a suitable quality of service for its Products (production yield, nutritional value) without the rigorous and active involvement of the Customer in all the above actions. 11.5. The Customer undertakes to act as a user and then potentially as a contributor depending on how well he/she uses the Products validated by the support teams. 11.6. The Customer agrees to remain respectful and benevolent in all his exchanges with the Company and its representatives (phone call, email, interaction on Teams, etc.). Repeated failure to comply with the rules of politeness and good conduct will result in a temporary or permanent exclusion from the community support platforms. 11.7. Exchanges on the collaborative platforms are made in mutual respect of the parties and in an open and constructive spirit. The Company cannot guarantee the reactivity or content of the answers produced by the internal support and development teams or active members of the community. 11.8. In the event of recourse to the rental offer proposed by the Company in partnership with a financing company, the Company shall not be considered responsible for any loss related to the Products. Indeed, although not the owner of the Products, the Client assumes custody of the Products at its own risk. Thus, any costs related to a claim are to be borne by the Client. 11.9. The Client is fully aware of the provisions of the present article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.

RESPONSABILITY. 11.1. The Company shall take all appropriate measures to ensure that the products and services are provided to the Client in optimal conditions. HoweverIn case of imponderable external hazards impacting the greenhouse functionalities (punctually extreme climate, total absence of water, disconnection of the electrical network, momentary or permanent loss of connectivity, etc.), the responsibility of the Company shall not be engaged. Furthermore, the Company shall not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company's liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damages or damages whose existence and/or quantum would not be established by evidence. 11.2. It is expressly stipulated that the Company shall not be held liable in any way whatsoever in the event that the Client's computer equipment or electronic mailbox rejects, for example due to anti-spam software, the electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail. 11.3. The Client agrees to take cognizance of and follow the recommendations and maintenance actions provided by the Company in the context of the use of the equipment. In order of importance, these recommendations are given by: the Company's support team (call to agronomists, response by email, direct response on dedicated platforms), the online documentation of the WIKI collaborative encyclopedia, the recommendation sheets of the starter kit, automatic advice from the HUB platform. 11.4. The Customer undertakes to implement the maintenance actions necessary for the proper functioning of the productsproducts over time. Some elements of the greenhouse are subject to normal wear and tear with its use (wood, moving parts, electronic components, batteries). The Company will not be able to guarantee a suitable quality of service for its Products (production yield, nutritional value, preservation of equipment) without the rigorous and active involvement of the Customer in all the above actions. 11.5. The Customer undertakes to act as a user and then potentially as a contributor depending on how well he/she uses the Products validated by the support teams. 11.6. The Customer agrees to remain respectful and benevolent in all his exchanges with the Company and its representatives (phone call, email, interaction on Teams, etc.). Repeated failure to comply with the rules of politeness and good conduct will result in a temporary or permanent exclusion from the community support platforms. 11.7. Exchanges on the collaborative platforms are made in mutual respect of the parties and in an open and constructive spirit. The Company cannot guarantee the reactivity or content of the answers produced by the internal support and development teams or active members of the community. 11.8. In the event of recourse to the rental offer proposed by the Company in partnership with a financing company, the Company shall not be considered responsible for any loss related to the Products. Indeed, although not the owner of the Products, the Client assumes custody of the Products at its own risk. Thus, any costs related to a claim are to be borne by the Client. 11.9. The installation of a platform on screws involves a prior feasibility check carried out by the Customer based on a detailed instruction procedure. In the event that the verification is incomplete or insufficient, the Company may decide to re-evaluate the execution of the site which could lead to a re- invoicing to the Client. The equipment installed complies with state-of-the-art recommendations and standards in terms of sizing. However, the Company cannot provide guarantees or commitments on elements external to its equipment (extreme climate, ground movement, retraction of the earth, presence of water, runoff, etc.). 11.10. The Client is fully aware of the provisions of the present article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.

RESPONSABILITY. 11.1. The Company shall take all appropriate measures to ensure that the products and services are provided to the Client in optimal conditions. HoweverIn case of imponderable external hazards impacting the greenhouse functionalities (punctually extreme climate, total absence of water, disconnection of the electrical network, momentary or permanent loss of connectivity, etc.), the responsibility of the Company shall not be engaged. Furthermore, the Company shall not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company's liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damages or damages whose existence and/or quantum would not be established by evidence. 11.2. It is expressly stipulated that the Company shall not be held liable in any way whatsoever in the event that the Client's computer equipment or electronic mailbox rejects, for example due to anti-spam software, the electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail. 11.3. The Client agrees to take cognizance of and follow the recommendations and maintenance actions provided by the Company in the context of the use of the equipment. In order of importance, these recommendations are given by: the Company's support team (call to agronomists, response by email, direct response on dedicated platforms), the online documentation of the WIKI collaborative encyclopedia, the recommendation sheets of the starter kit, automatic advice from the HUB platform. 11.4. The Customer undertakes to implement the maintenance actions necessary for the proper functioning of the productsproducts overt time. Some elements of the greenhouse are subject to normal wear and tear with its use (wood, moving parts, electronic components, batteries). The Company will not be able to guarantee a suitable quality of service for its Products (production yield, nutritional value, preservation of equipment) without the rigorous and active involvement of the Customer in all the above actions. 11.5. The Customer undertakes to act as a user and then potentially as a contributor depending on how well he/she uses the Products validated by the support teams. 11.6. The Customer agrees to remain respectful and benevolent in all his exchanges with the Company and its representatives (phone call, email, interaction on Teams, etc.). Repeated failure to comply with the rules of politeness and good conduct will result in a temporary or permanent exclusion from the community support platforms. 11.7. Exchanges on the collaborative platforms are made in mutual respect of the parties and in an open and constructive spirit. The Company cannot guarantee the reactivity or content of the answers produced by the internal support and development teams or active members of the community. 11.8. In the event of recourse to the rental offer proposed by the Company in partnership with a financing company, the Company shall not be considered responsible for any loss related to the Products. Indeed, although not the owner of the Products, the Client assumes custody of the Products at its own risk. Thus, any costs related to a claim are to be borne by the Client. 11.9. The Client is fully aware of the provisions of the present article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.