PDF version: General Conditions of Sale
I- General clause
Our sales are subject to these general conditions which shall prevail over any purchase conditions, unless there is a formal and express waiver from our side.
Studies, plans, drawings and documents delivered or sent by the seller shall remain his property. They cannot be disclosed to third parties by the buyer for any reason whatsoever without the written permission of the seller.
III- Formation of contract
When an estimate is prepared by the seller, it forms the specific conditions that modify or supplement these general conditions. Unless otherwise specified, quotations are valid for 30 days after their establishment.
In the case of an order received from the buyer, it will be considered firm and final only after an acknowledgment of order issued by the seller has been sent.
IV- Modification of order
Orders accepted and confirmed are considered firm and final. Any modification of an order already received and confirmed will require the agreement of the seller, who reserves the right to revise the terms previously granted.
In event of a modification or cancellation by the buyer and if accepted by the seller, compensation will be applied depending on the progress of procurement and manufacturing relating to this order.
V- Prices and delivery times
The products are supplied at the prices prevailing at the time of order confirmation. They are net, excluding VAT.
It is expressly agreed that the delivery times are by no means strict deadlines and that non-compliance shall not result in cancellation of the order or in the application of penalties.
VI- Transport and packaging
Unless otherwise specified, all goods are shipped EXW ALLINGES - 74200, Incoterms 2020, excluding packaging, charged additionally. The buyer will be responsible at his own expense for all tax, analysis and other expenses related to the import of the product in his country and of all actions and procedures under article L133-3 of the Commercial Code.
VII- Payment terms and penalty for late payment
For all buyers without an open account with the seller, the payment is due in cash along with the order. For any buyer with an account, payment is due 30 days from end of month, invoice date, by cheque or bank transfer.
In case of late payment, the seller may suspend all pending orders, without prejudice to any other action and may immediately revise the payment terms granted.
Any amount not paid on the due date mentioned in the invoice entails the application of penalties equal to three times the legal rate of interest.
Compensation for recovery costs of 40 € will also be applied under Article L441-6 of the Commercial Code. This amount will be due as of right for any unpaid debt.
In case of partial delivery of the order, the undelivered balance shall not delay payment of the part delivered.
VIII- Retention of title
Our sales are concluded with reservation of ownership and the transfer of ownership takes place only after full payment of price by the buyer. The payment of price means the actual receipt of funds. On default of payment at maturity, the sale will be canceled automatically without formality or prior notice and the material sold shall be immediately returned at the risk of the buyer.
The advance payments will be retained by the seller and will be applied successively on the market value of the repossessed equipment and on other outstanding debts of the seller, the balance will be allocated to the seller as compensation.
Notwithstanding the reservation of ownership, the buyer is the custodian of the equipment sold and shall bear the associated risks. He shall provide and answer all responsibilities from the time of handing over.
IX- Return of goods
All product returns are subject to a formal and prior agreement between the seller and the buyer. A return can be accepted only on material that has not been modified or altered and in its original packaging. Returns must be made with freight prepaid by the buyer.
The products are guaranteed against defects in materials or workmanship for a period of 12 months from the date of delivery. The warranty excludes defects or damage caused by natural wear or external accident (incorrect installation, faulty maintenance, improper use...), or by a modification of the product not provided or specified by the seller. It is the sole responsibility of the buyer to ensure the suitability of the product being sold to his need and he must conduct all necessary tests and trials. None of the products of the seller is particularly intended for space, aeronautics and rail use.
Under this warranty, the sole responsibility of the seller will be free replacement or repair of the product or the component recognized to be defective, in his premises, to the exclusion of any other liability.
To obtain warranty service, all products must be previously submitted to the seller’s after-sales service, whose agreement is required for any replacement or repair. Shipping and packaging costs are payable by the buyer.
The buyer agrees that, regardless of the basis for his claim and the procedure for its implementation, the potential liability of the seller due to the performance of obligations under this contract shall be limited to an amount not exceeding the total amount actually paid by the buyer for the purchase in question. In addition, the buyer agrees that the seller shall have no liability for consequential damages, such as loss of profits, business disruption, etc.
XII- Applicable law and jurisdiction
Any dispute relating to this sale, even in case of appeal or multiple defendants, failing agreement, will be subject to the exclusive jurisdiction of the Commercial Court of Thonon-les-Bains. The court will rule under French law. Only the general conditions of sale in French shall be applicable.