Unless otherwise agreed amongst the parties, these conditions shall apply to all our transactions, regardless of the information stated on the orders sent to us.
An order shall only be accepted after an acknowledgement of receipt of the order is issued. Our prices are established on the basis of the economic conditions on the date of their issue. After the validation period stated in our quote, prices are subject to amendment.
Place of performance shall be 74100 JUVIGNY - FRANCE.
1. CARRIAGE & PACKAGING
The packaging and transportation costs are calculated on the basis of the transport company costs in force and in accordance with the services requested (please contact us).
2. TRANSPORTATION CLAUSE
Except otherwise specified, our goods are shipped FCA Annemasse. Regardless of the method of transport and payment, our goods are shipped at the addressee's own risks, who is required to express all necessary reservations with the transport companies and to enforce its right of compensation. Reservations regarding the products must be notified within eight days of receipt of the goods.
The products shall be billed on delivery by bank transfer payable 30 days end of month, barring any other specific agreement. Except specific agreement based on financial enquiry, the first order from a new client shall be paid on order.
No discount shall apply to early payments. In the event of the failure to make payment by the agreed due date, the seller is authorized to suspend any delivery.
In the case of specific products or studies, an interim payment of the 30% of the total, excluding VAT, of the quote, is payable by bank transfer on the date set by us in accordance with the pro forma date. The delivery period shall take effect from the receipt of said interim payment.
4. DELIVERY PERIOD
Our delivery periods are given as a guide.
They apply to the deliveries after leaving our sites, regardless of the planned method of transport.
5. CREDIT LINE
Prior to all deliveries, we reserve the right to limit the outstanding amount per client. Such limit shall generally be mentioned in our price offers and confirmed upon request. In the event that this limit is exceeded, we reserve the right to cease deliveries without any penalty.
6. DELAY PENALTIES
Following the French law 2008-776 dated August 4th 2008, any late payments compared with the contractual terms shall result in a compensation payable in accordance to Article L 441-6 of the French Code de Commerce, calculated on the basis of three times the rate of the legal interest added to a standard fee for recovery costs of 40 EUR. The penalty invoices shall be taken into account in the calculation of the outstanding amounts authorized at the date of their issue and shall be due upon mere request by us.
As the buyer buys at his own risks, the seller shall not be liable for any guarantee if the possession of the buyer is interfered with by the actions of a third party. The seller shall not be required to refund the price.
Unless specifically agreed in a separate agreement, our goods are guaranteed for one year with effect from the initial delivery against any fault, or for three years for certain ranges of products specified by our company.
This guarantee applies at our sites, the equipment requiring to be returned carriage paid.
Our guarantee is limited to the bringing into compliance or exchange of the equipment to the exclusion of any indemnity, including any loss of usage as a result of the unavailability of the equipment during the period of repair.
For any repairs which are outside the guarantee period, a quote shall be given in advance and they shall only be performed if agreed by the client.
The company shall not under any circumstances accept debit notes issued by the buyer corresponding to the value of returned equipment.
8. DUTIES AND TAXES
The prices stated are exclusive of any state or other government tax now of hereinafter imposed on the production, storage, sale and transportation.
Our invoices are subject to French VAT at the rate in force on the date of billing if delivery is requested on the French territory.
9. RETENTION OF TITLE
Our goods are delivered with a reservation regarding retention of title to the buyer. For any agreement made between the parties, reference to the sales terms shall imply acceptance of the retention of title clause, even if it is not expressly stated in the agreement.
Pursuant to French legislation in force, this retention of title of goods is subject the full payment of the respective bill, including, where applicable, bank charges and legal costs.
The buyer shall, within the framework of the normal activities of its company, have the right to sell to its clients the equipment bought under retention of title provided it informs the sub-buyer that the goods are subject to a retention of title clause and that the principal seller may claim the payment or return from it if the price is not paid to it on the date set. The submission of a bill of exchange shall only constitute payment when amount really collected by the bank.
It is forbidden to make any changes to the goods. Should the buyer contravene this stipulation, the seller shall, after sending a formal notice by ordinary post, be authorized to reclaim the goods still in stock.
The risks connected with the goods shall be transferred to the buyer upon delivery of the item and throughout the term of the retention of title to the benefit of the seller. The buyer undertakes to insure the goods in favor of the appropriate beneficiary against all the risks that they may incur and cause from the point of their delivery.
In order to identify the goods, where applicable, the buyer must follow the individualization procedures used for the delivery. Such conditions shall be stated in the future agreements made between the parties.
10. FORCE MAJEURE
War, riots, fire, strikes, accidents of any type, and in general all the costs of a sufficiently serious nature occurring at our factories or those of our suppliers, as well the inability to receive our raw materials or to make our deliveries as a result of transport difficulties or any other comparable event shall give rise to exemption in the event of force majeure and shall suspend the performance; the suspension period shall be added to the fixed period initially stipulated.
11. SETTLEMENT OF DISPUTES
Any possible disputes fall within the exclusive jurisdiction of the Tribunal de Commerce [Commercial Court] of Thonon-les-Bains (74) even in the event of more than one defendant and a claim under the guarantee.