FIELD OF APPLICATION
Making an order implies that the customer accepts the general sales conditions with no reservations; these conditions prevail over any other client document.
Orders sent to our company cannot be repealed by the customer, unless our company accepts this in writing.
Delivery times are merely informative, given as an indication.
Delivery delays do not incur any penalties or compensation; they are not just cause for cancelling the order. They do not, in any way, commit our direct or indirect responsibility.
The following are accepted as cases of force majeur or unforeseen circumstances: strikes by all or part of the staff or their usual transport companies, fire, flooding, war, production stoppages due to accidental breakdowns, the impossibility of receiving primary material supplies, epidemics, heavy thaw, roadblocks, strikes or power cuts by the EDF, or a break in supplies attributable to our suppliers.
PRICES – RATES
Our prices are set by the rates in force on the day that the order is made.
However, a customer request to postpone delivery could lead to a price review depending on how the rate has changed. All prices are given before tax (VAT, pollution tax, other direct taxes or fiscal charges, etc.), before despatch costs. The net prices invoiced will include all these costs.
Any change in rates will be automatically applicable on the date given on the new rate.
TRANSPORT AND RECEPTION
Goods will be marked as delivered on despatch and travel at the recipient’s risk. The recipient should make any reasoned petition to the transporter within three days of delivery.
Any claim, of any type, referring to the delivered products, will only be accepted by our company if it is made in writing, sent by registered post with signed delivery within three days of receiving the goods.
In any case, our responsibility is strictly limited to replacing goods recognised to be defective or missing, excluding any compensation or extra costs.
Our invoices should be paid to our headquarters within 30 days of invoicing (excepting customer risks appreciated by our company).
In the event of an incident or payment delay, the entire debt can be demanded without further notification.
The customer will be charged a delay penalty for any sum not paid on expiry. This penalty is set at the interest rate applied by the Central European Bank to its most recent refinancing operation plus 10 percent. These penalties are required in full right without requiring a reminder.
Furthermore, the customer should pay recovery fees of €40 per unpaid invoice.
The customer will also be invoiced 10% of sums not paid on expiry, with a minimum of €60 in order to cover administrative and financial costs caused by payment delay.
The prescription lasts 10 years.
Transfer of ownership for our products is suspended until the customer has paid the full price, principle and secondary amounts, even in the event of setting payment deadlines.
By express agreement, our company could bring into play ownership stipulation rights, for any of its accounts receivable, over all its products in the customer’s possession, conventionally presuming these products to be unpaid and our company could taken them back or claim payment of damages for all its unpaid invoices, without affecting its right to resolve the sales in progress. Any amounts paid as a deposit will be retained as an indemnity.
However, risks will be charged to the purchaser from delivery onwards. The purchaser should therefore ensure that goods are kept at his own expense and risk and he will be responsible for any damage caused by these goods from delivery onwards. He promises to get the goods insured in favour of our company against risks of loss, theft and deterioration with an insurance policy.
Products must be checked by the customer on delivery.
Declaration of a hidden flaw existing on delivery and revealed after product reception should be formulated in writing by the customer within five days of discovering the flaw. It is expressly agreed that after this deadline, the customer cannot invoke the product’s non compliance. Our company reserves the right to directly or indirectly carry out any observation or verification in situ.
For the purposes of the hidden flaw guarantee, our company will only have to replace defective goods without costs and the customer cannot claim to obtain damage or interest for any cause whatsoever. No action can be taken against our company one year after product delivery.
In the event that the customer has not met one of their obligations, if our company so chooses, sales and orders in progress will be cancelled in full right, 7 days after giving formal notice and receiving no answer, without affecting any damage and interest that it might claim from the customer.
ALLOCATION OF JURISDICTION FOR ANY CONTESTATION CONCERNING THESE CLAUSES, AUTHORITY IS GIVEN TO THE COMMERCIAL COURT CORRESPONDING TO OUR COMPANY’S HEADQUARTERS WITHOUT POSSIBLE OPPOSITION FROM JURISDICTION ATTRIBUTIVE CLAUSES THAT MIGHT APPEAR IN THE CUSTOMER’S DOCUMENTS.
If our company is forced to go to court to recover its debt, the customer promises, on presentation of receipts, to reimburse him all costs committed exceeding the aforementioned fees of €40 (particularly fees for lawyers, court bailiffs, experts, debt collectors, notification expenses, summation expenses, etc.)
By express agreement, these general sales conditions and the sales that they govern are submitted to French Law.
CGV UO 201301