General terms and conditions for sales and works
1. Accession (Law of N.E.R of 15th May 2001 n°2001 – 420 and Law of 2nd August 2005 n°2005 – 882): Except exemption preliminary and written by us, our services and supplies are, by full rights, subjected to the general terms prevails over any other work or order conditions. Orders are only considered definitive after the invoice has been signed and approved by the customer. Any changes of the order must bust be subjected by a written approval. Is deemed void all modifications or cancellations occurred after the manufacturing process of the order.
2. Delay: Delays only form an indication of a preferred period and are valid except in cases of force majeure or payment delay from the customer. Is not allowed, in the customers benefit, compensation, price reductions or cancellation of the order already been made.
3. Intellectual property (Law of 11th March 1957):
Invoices, sketches, calculations, prototypes, studies, plans, documents of any kind, given or sent to our customers remains our property. Using them or executing them, even partially, without our agreement, gives us damages and interest rights.
4. Retention of ownership (Law of 12th May 1980 and Decree of 23rd March 2006): All materials and supplies remain our property until receiving the complete payment, the customer is deemed to have accepted expressly this title clause, with the provisions of Articles 2367 and according to the Civil Code. By express agreement, our company will be able to enforce the rights it holds under the retention of the title clause, for any debts owed, for the totality of the customers possessions, including partial orders, can be presumed conventionally unpaid; and our company will have the rights to take them back or claim them, as all unpaid invoices without prejudice to make right the ongoing sales.
5. Work reception: Receiving works is deemed to be tacitly accepted, either by the balance payment, either by the absence of reserves, it will need to be by registered letter with recorded delivery, within fifteen (15) days following the delivery or completion and ends all works by job or nature.
6. Transport and delivery: In every case, even if the goods are sold inclusive of delivery costs, transport operations, insurance, customs, handling, are at the customers expense at his own risk, meaning he has the right to verify the shipment upon arrival, and if needed to resource his rights to the carrier. In case of non-agreement during the delivery, it’s up to the recipient to note on the delivery receipt the exact cause of the reserve, it needs to be confirmed by recommended letter with recorded delivery within three days following the delivery, the reservations noted on the receipt. No general order reservation will be accepted. No claim will be accepted if the formalities mentioned are not respected. Whatever the means of transport, even shipped inclusive of delivery costs by the seller, our products are always transported at the recipient’s risk. The transfer of the risks take place from the departure of our products. Without any reservation, the deliveries are deemed to be completed correctly and conform to the delivery receipt. Unless agreed otherwise, no products supplied are taken back.
7. Returning products and specific situations: Returning items in stock, at the customer’s initiative, directly induces a deduction of a minimum of thirty per cent (30%) of the valued invoice for return costs and caused damage. This return can only be possible if the articles and their packaging are free from material misstatements. If following the agreement of an order or a provision, the customer must cancel all, or a part of the order, but the customer must pay the predefined share. If during the work, the customer charges us with additional work, they will have to be confined on a new invoice, signed by the customer and will be separately invoiced, unless informed otherwise. The partial dispute of an invoice does no exempt the client from paying the part not contested at its existing maturity date.
8. Prices: Our prices are given without any time commitment and our sales are always done at the current price of the delivery date. During the successive agreement of our market, we reserve the rights to reevaluate our prices if labor conditions, raw materials or transportation changed. Our prices always correspond to goods sold and approved from the factory departure or from our warehouse unless specified otherwise.
9. Payments (Law LME 04th August 2008 – article L.441-6 of the commerce code) Invoices are payable to the sellers head office. Our invoices are payed on the day corresponding to the settled date indicated on the invoices. A flat-rate allowance of 40 euros TTC is collected from the first payment delay day in accordance with the articles L441-3 and L. 441-6 of the Commerce Code. The customer will be indebted of the unpaid amounts TTC, le day following the settlement date indicated on the invoice, delay interests corresponding to the legal interest rate of the European Central Bank to its most refinancing operations more than 10 points (10). Interest on late penalties are requested without a necessary reminder. If a draft is not returned within ten days after being issued, payment conditions can be modified.
The invoice is net and without discount for an anticipated payment.
10. Penal claus: Furthermore, if there is no payment within the delay mentioned, or if the invoice is canceled after paid deposit, there will be an automatic extra cost of fifteen per cent (15%) of the TTC amount designated to cover the recovery costs as a penal clause, with the minimum of three hundred euros (300,00 euros). This penalty needs to be payed as soon as an official notice to pay is sent to the customer and will lead to the lapse of all current contracts and their payment terms. There will be a playability for all outstanding sums.
11. Responsibilities: We are required to the legal warranty regarding the consequences of the hidden defects of the sold item or the service provided. Our liability is to only replace the defective parts agreed on. In no event our liability shall go beyond that of our suppliers regarding products not manufactured ourselves. Dimensions, colors and the weight of some materials or goods are subject to inherent variations of their nature manufacture benefiting from tolerances with narrow limits.
12. Providing a place for loading and unloading: The customer has to take all measures to ensure we can easily reach without any danger the delivery place of the order. We disclaim any responsibility due to damage caused by one of our vehicles or our equipment at the delivery place and/or any fulfilment after difficult access and/or unsigned installations. The buyer shall be liable for the deteriorations sustained by our vehicles.
13. Claims: In the case of any disputes or claims related to general conditions present, both parts must come up and agree with an amicable settlement to put an end to their differences. In the case of persistent disagreements, only the commercial tribunal of Court of First Instance in Tours (37) shall be competent to judge any disagreement, on the merits of a summary hearing, even with present act of multiple stakeholders.