1. Application clause
Our sales (equipment, parts, services) are subject to these general conditions prevailing on your condition of purchase, unless expressly agreed by us.
Any purchase implies the buyer's full acceptance of all terms and conditions.
If we do not apply, temporarily, an article hereof, this cannot be interpreted as a waiver to take advantage later of this article.
The information, the technical standards and specifications in all company documents (catalog, flyers, price list...) are only indicative and may be modified without the seller can be held liable.
2. Validity of offers
We are bound by the orders taken by our representatives only after formal acceptance of the order by the buyer.
Acceptance may take the form of an order confirmation or a direct invoicing.
Our offers are only valid for a period of one month from the date of sending.
3. The buyer
An order form commits the buyer regardless of the bearer or the signatory. Billing is established in the name of the contracting company.
At the request of the customer, the purchase order can be attached to the invoice, when it is established in duplicate.
All orders must be a written document signed by the buyer. We accept, in this capacity, the faxes and emails.
Any modification or cancellation of order requested by the buyer shall be subject to our acceptance.
The order must state: the make, type, reference material, the agreed price, the financing, the place and date of delivery or collection, invoicing address, if different from that of the place of delivery.
For non stored product, the buyer has to pay on order a deposit of 30% of its amount.
The benefit of the order is personal to the purchaser and may not be transferred without the consent of the seller.
5. Change of technical specifications
The seller undertakes to inform the buyer of any change of his order that would result from the application of a national or Community legislation or a recommendation of the seller.
In this case, the buyer shall in no instance requesting the cancellation of the sale or seeking the seller's liability.
The seller is not able to deliver the ordered material; it may either cancel the sale and refund the advance payments without further compensation or deliver material with the same characteristics on formal and written request of the buyer.
Delivery times on offers and on order confirmations are only given as information and possible delays of delivery do not imply any penalty, compensation, damages, loan of material or the contract rescinded.
However, if the delivery of the equipment has not taken place two months after the indicative date given by us, for any reason other than force majeure, the sale may be canceled by registered letter by one or any party. The buyer can only then claim the return of advance payments without further compensation.
Are considered as force majeure releasing the seller from its obligation to deliver: war, riot, fire, strikes, accidents, inability to be resupplied
The seller will keep the buyer informed timely cases and events listed above. In any event, delivery on time can only intervene if the purchaser is current on its obligations to the seller for whatever cause.
If delivery is making by the collection of the equipment, the buyer agrees to take delivery within 15 days of receipt of the notice of availability.
7. Transport and insurance
Our goods are sold ex works and unless otherwise specified, the transportation and handling operations are on the responsibility and to the expenses of the purchaser.
At the request of the buyer, the seller may make or cause to transport operations. Services are invoiced according to the terms defined by the contract. Delivery times are only given indicative and do not engage the responsibility of the seller, whatever the cause.
Unless expressly consent of the seller, the buyer must insure, until full payment, the sold material against the risks of destruction. In anticipation of potential damages, the buyer subrogates the seller of all his rights against his insurance company. He gives the seller all the allowances that could be allocated.
Without prejudice of the dispositions to take with respect to the carrier, claims on the apparent defects or non-compliance of the product delivered to the ordered product or with the packing list, must be made in writing within three days following the arrival of the products. It will be up to the buyer to provide any justification as to the reality of defects or anomalies.
The defect of conformity of part of the delivery does not relieve the buyer from its obligation to pay for material for which there is no dispute.
Any defect or faulty workmanship recognized after an adversarial examination requires the seller the replacement, free of charge, of the material or of the recognized defective parts.
9. Material return
All returns must be the subject of a formal agreement between the seller and the buyer.
Any goods returned without this agreement would be held to the disposal of the buyer and would not result in the establishment of credit.
The costs and risks of return are always borne by the purchaser.
Any return accepted by the seller will result in the establishment of a credit note to the profit of the buyer after qualitative and quantitative control of the returned merchandise to the following conditions:
Material completely in its original condition of shipping (including packaging, manuals, accessories)
Valuation at 60% of the invoice value of the seller.
In case of defect or non-compliance of the goods delivered, duly noted by the vendor in accordance with clause 8, the buyer will get free replacement of the goods, to the exclusion of any compensation or damages.
The Seller guarantees the goods under the same conditions as the original manufacturer.
This warranty applies to the defects of manufacturing and operation which will appear for a period of twelve months from the sale.
The only obligation of the seller under the warranty is the free replacement or repair of the equipment or defective parts recognized by the manufacturer, without other service or compensation.
Our responsibility could not be committed even in case of accident of somebody or something that may have resulted from a defect in design, workmanship or materials or in the event of occurrence of an event referred to in Article 11.
The buyer cannot claim any compensation, nor any loan of equipment in case of immobilization of the material due to warranty.
11. Warranty and exclusion
The buyer will lose the benefit of guarantees especially in the event:
of abnormal and improper use of the equipment, or overload even temporary,
of reparation or any interventions performed by persons unknown to the seller or not approved by him or with spare parts of third origin
of deterioration or damages of the equipment resulting from collisions, falls materials, fire, vandalism, malice or defect of supervision or maintenance,
of premature deterioration due to wear, to leaks or noises not notified in time to the seller.
The seller may suspend the guarantees in case of delay or total or partial non-payment of the price of the equipment.
Prices applicable are those of the tariff in force on the date of acceptance of the order.
The prices are net prices and the goods sold ex works, unless otherwise agreed in writing.
All duties, taxes, fees or other benefit payable under French regulations or those of an importing country or a transit country shall be borne by the purchaser.
13. Payment terms
Unless special conditions expressly stipulated in the contract, the goods are payable upon receipt.
In case of deferred payment or ultimately, constitutes a payment under this article, not the simple delivery of a bill of exchange or a check implying an obligation to pay, but the settlement on the agreed date.
14. Payment, delay or failure
In case of late payment, the seller may suspend all orders in progress without prejudice to any other course of action, including the application to the buyer of delay interests calculated at three times the rate of the legal interest.
The amount of the late payment interest will be imputed as of right on all discounts or rebates owed by the seller.
In case of default and 48 hours after a formal notice remained unsuccessful, the sale may be canceled automatically. The seller may ask for interim relief the return of the products without prejudice to any damages.
The resolution will hit not only the order in question, but also all previous unpaid orders, whether delivered or in the course of deliveries and that their payment is due or not. In case of payment by bill of exchange, failure to return the effect will be seen as a refusal of acceptance likened to a payment default.
Likewise, when payment is staggered, non-payment of a single installment will result in the immediate requirement of the entire debt without notice.
In all cases above, the sums due for other deliveries or contracts or for any other reason become immediately payable if the seller did not opt for the resolution of corresponding commands. The buyer must reimburse all costs incurred for the contentious recovery of sums due.
Under no circumstances may payments be suspended or be subject to any compensation whatsoever without the prior written consent of the seller. Any partial payment shall first be deducted from the non-privileged part of the debt and on due amounts of which the due is the oldest.
15. Payment, requirements of guarantees or regulations
Any order is accepted in taking in account the legal, financial and economic situation of the buyer at time of order.
It follows that any deterioration of the buyer's credit may justify the requirement of collateral or a cash settlement or draft payable at sight, before the execution of orders received.
The seller reserves the right to require the buyer, even after partial execution of an order, the guarantees it deems appropriate for the proper implementation of the commitments. The refusal to satisfy it gives us the right to cancel all or part of the contract.
The offers of the seller concerning the financing of equipment are made subject to subsequent acceptance of the file by a financial organism.
The equipment financing by a financial organism must imperatively be mentioned on the order form.
For lack of favorable response from the financing organism within 15 days after the buyer has placed its order, the seller reserves the right to cancel the sale and restitute the deposits paid to the buyer.
17. Title-retention clause
According to the law N ° 80-335 of 12 May 1980 and by derogation from the clause 1583 of the Civil Code, the delivered goods remain the property of the seller until the full payment of their price. The remittance of a draft or other title creating an obligation to pay, does not relieve the buyer of the property reserve clause.
Before full payment, the buyer cannot resell the goods.
For lack of payment of all or part of the price, the seller may demand automatically and without formality the restitution of the goods.
These provisions do not prevent the transfer to the buyer, from the collection date, of the risks of loss and deterioration of goods sold and the damage they could cause.
18. Jurisdiction, disagreement
This contract is subject to French law.
Only will be competent in case of litigation of any nature or dispute relating to the interpretation, implementation or termination of this contract, the Commercial Court in whose jurisdiction the headquarters of the seller is located, unless that he prefers to seize any other competent jurisdiction.
This clause applies even in the case of summary proceedings, incidental claims or multiple defendants and whatever the mode and terms of payment.