Quotation- Orders :
All special orders will be subject to a quote with a validity period of ONE month. Once placed, the order is final. It may be cancelled or altered during production only with the written agreement of the Seller and the payment by the Customer of all costs and expenses incurred by the Seller. Quotas requiring significant preparation work are billable. The parties will agree on the financial terms for their implementation.
Delivery time are given only as an indication and as accurately as possible. Possible delays do not give the customer the right to cancel the sale, to refuse the goods or to claim any compensation. Moreover, if imperative deadlines have been agreed and penalties stipulated, these may not exceed 5% of the price of the material subject to delay. In any case, if deadlines have been agreed, they will be extended in case of force majeure. Cases of force majeure include the total or partial stoppage of the vendor’s personnel or that of one of its suppliers, subcontractors or carriers due to strikes, fire, flooding, manufacturing accidents, breakage of machinery or tools, lack of raw materials.
Terms and conditions:
Whatever the delivery terms, the risk of loss or deterioration of the goods is transferred to the customer as soon as they leave the factory. If the delivery is entrusted to a carrier, it is up to the customer to check, in the presence of the carrier, the good condition of the goods delivered. In the event of damage or missing goods, the customer must:
- indicate clear, significant, precise and complete reservations on the transport documents,
- confirm these reservations to the carrier by registered letter with acknowledgement of receipt within 3 days of receipt of the goods if the customer does not comply with this clause, the customer will be held liable.
- Receipt: Without prejudice to the measures to be taken regarding the carrier, complaints about apparent defects or the non-conformity of the goods delivered must be made in writing by registered letter within 3 days of the arrival of the goods.
It shall be up to the customer:
- to provide any justification as to the reality of the defects or anomalies
- to allow the seller, before any intervention on the goods, any facility to ascertain the condition of the goods.In the event of a defect attributable to the seller, the latter may, at its discretion, either repair or replace the goods in question, without prejudice to the provisions set out in the “Liability” paragraph.
In the event of a defect attributable to the seller, the latter may, at its discretion, either repair or replace the goods in question, without prejudice to the provisions set out in the “Liability” paragraph.
Returns of goods must first be agreed in writing by the Seller. In case of accepted return, this one will have to be done free of charge, the expenses inherent to these returns being entirely chargeable to the customer until the responsibility of the salesman is recognized. In any case, the return of goods must be made in their original packaging and in good condi
The operating conditions of all our devices are given in our technical manuals or in our offer when these manuals are missing. The warranty is only valid under normal operating conditions, at the rates recommended by the seller.
The normal warranty period for the material supplied by the seller against any construction defect is a maximum of 12 months from the date of receipt. For the duration of this guarantee, any malfunction of our equipment must be notified to us by registered letter with acknowledgement of receipt within 3 days of their appearance so that we can check the conditions of use and proceed, before dismantling by the purchaser, to the free replacement of the defective parts only. This guarantee will automatically cease if the equipment has been modified by the purchaser. The warranty is limited to the replacement or repair of goods found to be defective, except for parts subject to normal wear and tear.
After sales service:
Repairs must be the subject of a quotation and will be carried out only after express agreement of the customer showing the transport costs.
The seller is not liable for any damage caused by his equipment to other property and/or for any direct or indirect damage other than damage to persons. Liability action against the seller must be brought within the year of receipt. If the seller were to be held liable for the goods supplied, the maximum amount of compensation that could be paid to the customer shall in no case exceed the price paid by the customer for the goods in question.
Price – Payment:
The goods are supplied at the tariff in force at the time of placing the order. Invoices are payable to the seller, within 30 days of the invoice date, without discount. Any amount not paid at the due date will result in:
- the payment of interest for late payment at a rate equal to 3 times the legal interest rate in accordance with the regulations in force. This interest will accrue until actual payment is received.
- the immediate payment of the entire debt in the event of payment by instalments
- the immediate eligibility of all invoices not yet due
- the suspension or cancellation, at the seller’s discretion, of any current order
In the case of payment by bill of exchange, failure to return the bill within 10 days of the invoice date will be considered as a refusal of acceptance assimilated to a failure to pay. Any invoice recovered by the legal department will be increased by an indemnity fixed at 15% of the sums due with a minimum of 80€. In the event of previous unpaid invoices, deterioration of the customer’s credit, downward revision or termination of the guarantee granted by the seller’s credit insurance organisation, the latter may, if it sees fit, modify the payment deadlines, suspend current orders pending the provision by the customer of a bank guarantee or cash payment before dispatch.
Retention of title:
The seller retains full and exclusive ownership of the goods sold until full payment of their price. However, the customer shall bear the risk as soon as they leave the factory. In the event of return of the goods, the sums paid shall remain acquired by the seller in return for the use of the goods by the custom.
All disputes relating to the interpretation and/or execution of the present terms and conditions will be the exclusive competence of the Commercial Court of Douai, which will have to apply French Law.