1-Any delivery resulting from written, faxed or phone orders shall be subject to the express acceptance of these terms of Sales.
2- Our supplies, even agreed in FRENCH delivery, travel at the risks and the dangers of the addressee, for whom it’s belong to, in case of damage or of loss, to make any reserves and to exercise any appeal (recourse) with the responsible carrier.
3-Deadlines are given as an indication, a delay cannot give rise to compensation or cancellation of orders. Our company is fully free of any commitment to timeliness, including:
• when information, documents, equipment or test parts have not been provided by the purchaser in a timely manner,
• when modifications are made at the buyer’s request,
• when a coincidental case of force majeure occurs,
• when payment conditions are not met.
4-Our supplies are guaranteed for 1 year against any defect of manufacture from the date of delivery, provided that these supplies are used under normal conditions. This warranty requires us to repair or replace parts that would prove defective.
In the event of intervention by another undertaking or repair made outside our control, this guarantee would become obsolete and no invoice for repair, indemnity or damages will be accepted without prior written agreement of our company.
Replacement may only be granted after examination of the disputed parts which must be returned to us free of charge.
5- Any claim, to be taken into account, must be received within 5 days after receipt of the goods.
6- Our goods are payable, in cash, by wire transfer or LCR not accepted after prior agreement. All orders are invoiced on a flat rate basis of 3.81 € for file and packaging costs.
7-Delayed
Penalties: Any amount not paid at maturity shall automatically result in the
application of a late payment interest at the European Central Bank refinancing
rate plus 10 points (Article L441-6 para.12 Commercial Code) and a lump sum
recovery allowance of €40.00 (L441-3 and L441-6).
8-In the event of an extension of the milking, the costs and interest resulting
from the extension shall be borne by the purchaser.
9-Where the purchaser’s credit deteriorates, or
the credit insurance company does not guarantee the purchaser up to a
sufficient amount, we reserve the right to require the purchaser to provide
whatever guarantees we deem appropriate for the proper performance of the
undertakings. Refusal to comply gives us the right to cancel all or
part of the contract.
10- In the event of a challenge, the Calvados
courts have sole jurisdiction.
11- The seller reserves ownership of the goods
until the full payment of the price (Law of 12.05.1980). In the event of the
implementation of the reservation of ownership, all sums paid by the buyer will
remain acquired by the seller as damages.
12-The non-payment of a single invoice at its maturity
makes the balance owing on all other invoices automatically payable.
13-Our clients expressly renounce the use of
written clauses on their own documents if they are contrary to these general
conditions.