Terms of Sales
TERMS OF SALE
GENERAL CLAUSE
Our contractual relations are subject
to these General Conditions of
Sale that prevail over the conditions of our
customers, unless there is a formal, express and
written from us.
Any order irrevocably implies
acceptance by the customer of these
General Conditions of Sale, which
would know how to exempt him from referring to
legislative and regulatory provisions
in force, in particular those relating to
worker protection and protection
of the environment.
Any order or commitment made by
our agents or representatives, does not become
final only after having been accepted and confirmed
by our Company. Any modification of
order must first be
accepted by our Company, and be subject to
a new confirmation.
The information on our
catalogs, notices and scales are given
for information.
PRICE:
Our products and goods are invoiced
at the price in effect on the day of delivery,
this price may be subject to revision,
following the course of certain materials,
metals or currencies.
The prices appearing in our offers will not
be maintained only for orders
written to our Company in a
maximum period of forty five days to
from the date of issue of the offer, except
contrary stipulation.
The prices listed in the order confirmation
may be revised if due to the customer. The
delivery date scheduled therein is delayed
more than three months.
DELIVERY:
Our deliveries are made according to our
availability.
Unless expressly agreed, our deadlines
delivery are only indicative.
The customer cannot claim a delay
to cancel the sale, refuse the goods,
justify the application of a penalty or
claim compensation or credit.
If the customer, after formal notice, does not
not take delivery of the goods, we
can without prejudice to damage and
interest, demand performance of the contract or
consider the sale to be fully resolved
right, the installments remaining to us.
In the event of successive deliveries, the default
or the insufficiency of a delivery is without
impact on other deliveries.
PACKAGING:
A) Returnable, rented or loaned packaging:
these packaging remain our property.
They are exclusively reserved for products
and merchandise items of sale. The customer,
user or custodian is responsible
accidents that could occur due to
of these packaging, which must be
returned, in good condition, within the time limit set by
convention. In case of no return in this
delay, destruction or deterioration,
we can charge the customer the value of
replacement of the packaging which will become
then his property, or the price of the
state, and demand a corresponding compensation
damage suffered as a result of the failure of the
customer.
B) Disposed packaging: when the packaging
have become the property of the client, the latter
forces himself to make disappear on these the
mention of the former owner and is prohibited
use the packaging for purposes other than
their original destination.
C) Recipients subjected to retesting:
when the packaging is re-tested
at a frequency set by
regulations, which the customer declares
know. The last test date
is engraved on said packaging. We
accept no responsibility for
accidents that could occur due to
these packages, empty or full, in the
where they have been transferred to the buyer or
not returned by him before the next test date.
D) Packaging supplied by the customer: the customer
undertakes to provide compliant packaging
to the laws and regulations in
vigor, clean and dry.
RISK TRANSFER :
The risks of the goods and
products, and in particular those inherent
when transported, are transferred to the customer
upon delivery of this merchandise and
of these products, which takes place at the time of
its removal from our factories or depots,
for all sales, whatever their
destination (France or abroad) and which
whatever the terms of sale and
payment of the price of transport.
It is up to the client alone to safeguard his
rights vis-à-vis the carrier, by formulating
its reservations on time and in the form
set by the applicable rules.
RESERVE OF OWNERSHIP:
Ownership of the goods and
products sold is reserved for us until
full payment of the price and its
accessories. However, the risks of
goods and products are transferred
to the customer upon delivery as specified
in the chapter above (TRANSFER OF
RISKS), and for the duration of the
retention of title for the benefit of the seller.
Therefore, the customer will have to pay the
amount of the price of the goods and
produced in the event of their disappearance by
accidental or not.
The customer refrains from removing the packaging
or the labels appearing on the
goods or products existing in
nature in its stocks and not yet settled.
Goods still in possession
of the customer will be presumed those remaining
unpaid. As a result, they may
be taken back by us, without prejudice to
any action for damages for
failure to pay the total or partial price.
PAYMENT :
Unless expressly waived by us, our
products and goods are payable at
our Headquarters in Poussan (F 34560),
whatever the recovery method
and places of dispatch and delivery. In
particular, in the event of non-payment of our
drafts or values that we would have
accepted in payment, we reserve
the right to demand immediate settlement at the
checkout of our establishments.
Our invoices are payable in cash,
without discount, except special agreements.
In accordance with the application of article 21
of law LME 2008-776 of 04/08/2008 (article
L. 441-6 amended from the French Commercial Code),
late penalties are payable following
the payment date shown on the invoice
in the event that the sums due are
paid after that date. The interest rate of
these penalties are set at 3 times the interest rate
legal.
Payment terms granted to our customers
are always conditioned by the fact that
their solvency remains sufficient until
full payment of sums due.
Any circumstances likely to lead to
a decrease in this solvency allows
our company at:
- on the one hand refuse any subsequent delivery,
except cash payment before removal
(and in this case, it is specified that no
discount will be granted);
- on the other hand, consider all the
invoices already issued as immediately
payable, unless the customer provides
to our Company guarantees accepted by
she.
In the event of staggered shipments of
products subject to an order or
of a contract, the corresponding invoices
at each delivery are payable to their
respective deadline, without waiting for
all the products covered by the
order or contract has been delivered. The
non-payment of only one of them
authorizes us to hold the order or
contract for terminated, the customer will be forfeited
benefit of the term and our company can
demand immediate payment of the balance of
outstanding price, and in addition to claim
client, as a penalty clause, compensation
corresponding to ten percent of this balance.
Our representatives, unless otherwise specified
particular, are not entitled to receive
payments.
CLAIMS:
A) The absence of reservations, upon receipt
of the goods or products by the
client or his representative, all
complaints relating to apparent defects.
B) If the buyer has not checked
the quality of the merchandise and
produced within a reasonable time, or if,
having done so, he has implemented or assigned the said
merchandise or said products, we do not
may be responsible for damages
that may result from their use.
C) In the event that the goods and
the products would not be used for a
use or according to a process usually
admitted for products or merchandise
of the same type or for a use that we
would have expressly accepted, no
complaint will not be admissible.
D) Once the customer has sent us his
complaint within a reasonable time, we
we force to replace or refund
at our convenience, any merchandise that
we will have recognized non-compliant or
suffering from a hidden defect, excluding
all damages.
INCIDENTS AND FORCE MAJOR:
Are contractually assimilated to force
major and may constitute for us
causes of extinction or suspension of
our obligations, without recourse by the customer, the
accidents affecting production, storage,
marketing, supply
or the transport of our goods and
products, as well as fire, flood,
machinery breakdown, total strikes or
partial, administrative decisions,
made by third parties and any event that would be
nature to delay, prevent or render
economically exorbitant the execution of
our engagements.
DISPUTE SETTLEMENT :
Any dispute or dispute relating to
the performance or interpretation of our
General Conditions of Sale is, even
in the event of a guarantee call or multiple
of defendants, and failing agreement
amicable, of the exclusive competence of
Competent court in whose jurisdiction
is the Headquarters of our Company.
Our drafts or acceptances of payment do not
make neither novation nor derogation from this clause
attributive of jurisdiction.
Any clause to the contrary, unless
accepted in writing by our Company, will be
deemed void.
In the event of a dispute, French law will be
only applicable, and the French language
used exclusively as a reference, the
texts written in French prevailing
on texts translated or written in another language.