Any transaction with our company contains implicit acceptance of these general terms of sale.
Article 1: General
Except for special agreements, written and signed by management, all our services and sales are subject exclusively to these general Conditions of sale, which cancel any clauses expressed in the orders or correspondences of The buyer.
The only fact of a verbal or written order from the purchaser automatically entails its adherence to the present general conditions of sale and its renunciation of its own general conditions of purchase which can under no circumstances prevail on our General terms of sale.
Article 2: Offers
The information on our prices, catalogues, leaflets, prospectuses, or any other support, as well as the declarations of our representatives, are of only indicative value and are, therefore, subject to change which cannot under any circumstances Engaging our society. The latter reserves the right to make changes in the construction, layout or size of its materials at any time.
Unless otherwise stipulated, the studies, projects, and documents of any kind that we submit or send to our customers remain our entire property as material as intellectual. They may not be communicated or executed without our written permission and must be returned to us on our simple request.
Our offers are valid only 30 days from their date of establishment, and can be modified beyond, except in writing and signed by our management.
Article 3: Orders
Written or verbal orders received directly or through our representatives, delegates and business executives, will only become final after written confirmation from our management.
Any order may, if the seller so requests, be subject to the return of an acknowledgement of receipt within a specified period.
The customer as a professional and/or given the specificity of the products sold is informed that he does not have any withdrawal period.
As orders are subject to our acceptance, they can be reduced or cancelled, in particular in case of sale of the material in stock, on the other hand, the buyer is definitively hired as soon as he orders. No cancellation of order can occur without our express agreement written and signed by our management.
We reserve the right to refuse such cancellation or to make it subject to the prior payment of administrative costs resulting from the order and/or compensation compensatory representative of the damage suffered.
Additional equipment will be subject to an additional order accepted according to our present general terms and conditions of sale.
Article 4: Price
The goods are charged based on the prices in force on the day of the order.
Except for special conditions written in our offers or confirmations of orders, our prices are excluding taxes, and without discounts, unpackaged goods, departure from our offices in Plérin (22) in one delivery and for goods Received in our offices.
Additional or special executions automatically result in price supplements. In case of an increase in the prices of raw materials or labor costs related to the ordered products, between the registration of the order and the date of delivery, our company reserves the right to pass on these price increases, either Partially, or in full, on the price in effect on the day of the order confirmation.
Article 5: Delivery (time and method)
Delivery times are in working days. They are given as an indication and without commitment.
In no event shall a delay of delivery justify the termination of the order or the right to payment of penalties or indemnities of any kind whatsoever. If a deposit is provided for the order, the delivery time runs from the day of the correct receipt of the deposit amount.
Whatever the terms of sale, if the shipment of the material is delayed for any cause independent of our company (force majeure or made of the purchaser), and after its agreement, the material is stored and handled at the expense of The purchaser, our company disclaiming any corresponding liability. This provision does not affect the payment obligations of the supply.
Our goods, even if shipped free of port, travel at the perils of the consignee who must, upon arrival, control the quantity, realize their quality and good condition before taking receipt, if necessary formulate any reservations and direct any recourse against the carrier in the event of delay, loss, deterioration or destruction.
Article 6: Force Majeure
Accidents in factories, lack of manpower, strikes, wars, political events, irregularities in raw material deliveries, Etc…, constitute such force majeure that we may suspend or terminate our commitments and extend the agreed deadlines, without giving entitlement to any indemnity for the benefit of the purchaser or his representatives.
Article 7: Liability – Guarantee
The purchaser having read the characteristics of the products of the range offered by the seller, it is expressly agreed that he has, under his sole responsibility and according to the needs which he has determined, selected the products which are the subject of the Order addressed to the seller. With regard to the provision of services, the study files, the purchaser who has provided a specification is responsible for the control of its application. In no case shall he be entitled to penalties, denial of payment or any act of sanction in the event of a wrong function when he has been perfectly respected. The contractual conditions for the provision of services shall apply in addition to these conditions.
In order to be able to claim the benefit of the guarantee, the purchaser must notify us in writing and without delay of any defect or defect which has arisen in the material sold. Our materials are guaranteed against any defects of construction or raw material for one year from the date of their deliveries. This warranty is limited exclusively and to the seller’s choice, replacement or possible free repair of the parts recognised as defective by our company, as soon as possible, departure from our workshops.
The guarantee of electrochemical materials and particularly of batteries is for a period of 3 months, it is limited to any manufacturing defect excluding performance or life-time characteristics. The warranty does not extend in any way to parts subject to their fast-wear nature, nor to the material referred to as “consumable” in our catalogues. The costs of transporting, dismantling and reassembling parts repaired or replaced in execution of our guarantee are the responsibility of the customer.
The warranty is never applicable to parts that have been repaired or modified by the customer or a third party, without our prior written consent. In case of non-conformity or faulty functioning of our supplies, our responsibility will be limited to the pure and simple recovery of the material at the price charged, provided that it is returned Franco in our offices.
The guarantee will never apply in case of false manoeuvre, misuse, failure to observe our conditions of use, excessive use, as well as in case of force majeure, such as frost, rust, chemical attack, short circuit, bad power supply, Etc… A request for a guarantee may not result in a postponement of payment. It is expressly agreed that billing made at the request of an installer or any other intermediary directly to the consumer customer or to any other third party, is not an acknowledgement from US releasing the installer or Through their payment obligations to us.
Article 8: Terms of payment
Unless otherwise agreed, payment will be required without a discount or cash at the order without a discount.
Except in writing and signed by the management, the invoices are payable in cash and at our head office. In the case of a settlement to the order, the order will be taken into account only after receipt and good cashing of the payment.
In case of special order of the customer, the special conditions written and granted by us will be applicable to the terms of payment.
In the case of services, study files or participating interests, a minimum deposit of 50% of the estimated value of the study or participation will be required as soon as the order is taken. Any study will only be started from the actual date of receipt of the deposit. No reimbursement will be accepted after the start of the study and the client will not be entitled to any reserve of ownership until the study file is completed and paid in full.
In the case of participation in studies, the client will not be able to claim any property if this participation is not a complete purchase of the study. However, in the case of aCcords written and signed by our management, the client will be able to acquire the entire study only in case of full payment of this study. The special terms and conditions of the service contract signed between our company and the customer are to be applied in addition to these stipulations.
In case of late payment in relation to the date shown on the invoice and unless the report is requested in writing and granted by our management, the default of payment at the fixed maturity will result in:-the immediate liability of all the sums remaining due and whatever The prescribed method of settlement (drafts accepted or not).
-a penalty calculated at a rate equal to one and a half times the legal interest rate applied, by the only arrival of the maturity, and without any prior formal notice being required. -Suspension or cancellation of orders in progress, without prejudice to any other remedies.
-In addition to these penalties, a lump sum of €40 VAT per invoice will be applied as of right in accordance with article D. 441-5 of the Commercial Code, without prejudice to the payment of an additional indemnity for collection costs.
In case of non-payment of the invoices, 30 days after their due date and by application of article 1152 of the Civil Code, the amount of the said invoices will be increased by full right and without prior notice of 20% with minimum of €150 without prejudice Possible damages if applicable.
Article 9: Transfer of ownership
All our sales and services are concluded with reservation of property until the full payment of the price.
Goods and/or services delivered and not paid may be claimed even in case of judicial settlement or liquidation of property under the Conditions of Act No. 80-335 of 12 May 1980. It is expressly agreed that the retention of title is carried over to the goods and/or services still in stock.
The risks shall be borne by the purchaser upon the issuance of the goods and/or services sold subject to ownership, even when they are shipped Franco-port. It shall ensure at such expense, risk, conservation, maintenance and use.
He will be responsible for the damage caused by the goods and/or benefits upon delivery. The buyer shall ensure, until the transfer of the property to his profit, the good preservation of the identification codes, serial numbers, Etc… affixed to the goods. The purchaser will be Obliged to oppose by any means of law the claims that third parties might be required to assert on the goods sold by seizure, confiscation or equivalent procedures.
He shall, as soon as he has been informed, notify the seller to allow him to safeguard his interests.
If he does not own the premises in which he operates, he shall inform the lessor of the legal status of the goods sold and justify the completion of this procedure with the seller.
No return of goods and/or services may be made without our prior agreement. This agreement does not imply any recognition whatsoever on our part.
Article 10: Attribution of jurisdiction
All our sales are considered to be processed at our headquarters, which is the place of payment. Notwithstanding any stipulation to the contrary, the courts of St Brieuc (22) are solely competent to entertain any dispute that may arise as to the conclusion or execution of the agreements concluded with us, even in the event of a warranty call or Plurality of defendants. In the case of international sale, and unless otherwise expressly agreed, the applicable law is French law.
Any transaction with our company contains implicit acceptance of these general terms and conditions of sale.