TERMS AND CONDITIONS OF SALE
1. General Clause
Our sales are subject to these terms and conditions which prevail over any condition of purchase, unless we expressly detract from them. Any order implies adherence to these conditions.
2. Contract formation
When we make a quotation, it is based on special conditions modifying or completing the present general conditions.
In case of an order made by the buyer, it will be considered as definitively accepted by us only after written acceptance from us. It is this acceptance which then validates the particular conditions.
Unless otherwise stated, our quotations are valid for 2 months from the date of issue.
Delays are those announced by the seller. The customer waives any delays in cancelling the contract, deferring payment or claiming damages for any reason whatsoever. In case of deferment of delivery at the request of the customer, delivery will be deemed to have taken place on the date initially agreed.
It is the responsibility of the purchaser, when receiving the equipment, to note any damage that may have occurred during transport. In order to do this, open your packages in the presence of the delivery person, and check the condition and the number of products delivered. You must mention on the delivery note the apparent damage (wet parcels, traces of damage on the side, product missing etc.). If the deliverer does not want to wait for the unpacking, mention on the slip “the carrier did not want to wait for the unpacking of the products” taking care to have the deliveryman sign. In the event of damage, the buyer must immediately initiate a complaint procedure with the carrier, namely by sending a registered mail within 72 hours of receipt of the material and sending us a copy accompanied by the receipt for the management of your folder. (According to article L133-3 of the commercial code, the customer cannot exercise any right of recourse against the carrier in the absence of reservation).
4. Retention of property
The seller retains ownership of the goods sold until payment of the full principal and ancillary price. Failure to make payment by any of the due dates may result in reclaim of the property. These conditions do not prevent the transfer to the buyer, on delivery, of the risks of loss from deterioration of the goods sold as well as of the damage that this could cause.
The buyer guarantees the seller the integrity and availability of the goods as long as transfer of ownership has not taken place. The seller authorises use of the goods sold under the retention of title clause.
5. Price – Terms of payment – Penalties
The prices are shown excluding taxes, the applicable rate of VAT is the rate in force on the day of billing; their nature (firm or revisable) and their amount are specified in the special conditions. Unless otherwise stated, prices are payable in cash. In the event of agreement on timing of the settlement, default in payment of any of the maturities will make the other instalments immediately due. As a result the seller will be authorised to suspend all orders and deliveries regardless of their nature and level of service, as well as to end the guarantee. Moreover, as a penal clause and in accordance with the legal provisions, the buyer will be automatically liable for a penalty for late payment, calculated by applying an interest rate equal to 2x the standard interest rate to the entire remaining due amount.
In addition to interest for late payment, a lump sum indemnity of 40 Euros will be due for any payment made after the due date.
The goods sold are guaranteed for a minimum of six months against any fault due to material, manufacturing or design defect under normal conditions of use. The fault must appear within a period of six months from delivery during use of the good as defined in the order. The guarantee is, inter alia, void if:
– the material or design is made defective by the purchaser;
– malfunction results from a modification of the device carried out without authorisation;
– malfunction results from normal wear and tear of the good, negligence or lack of maintenance by the purchaser;
– malfunction results from damage during transportation;
– malfunction results from force majeure.
Under the guarantee, the seller will replace, free of charge, any parts recognised as defective by means of technical support. This guarantee covers labour costs for France. It excludes on-site transport costs. Replacement of parts does not extend the guarantee. The replaced parts are guaranteed for 3 months.
Issue(s) with part of the delivery do not invalidate the entire order.
These guarantees do not exclude the benefit of legal guarantee.
In general, the seller is subject to an obligation of means.
The use of the materials remains the responsibility of the user. The seller can under no circumstances be held liable for any material or financial damage encountered by the user.
- Cancellation clause as of right
In the event of non-fulfilment of its obligations by one party, this contract shall be cancelled by operation of law for the benefit of the other party without prejudice to damages which may be claimed from the defaulting party.
The cancellation takes effect 15 days after the sending of formal notice.
Any dispute relating to sale, even in case of a warranty claim or plurality of defendants, in the absence of an amicable agreement, is the exclusive jurisdiction of the competent court within the jurisdiction where the seller’s head office is located.