Any order shall automatically entail our members' full acceptance of these general conditions of sale, notwithstanding any stipulation to the contrary contained in their own general conditions of purchase. Under no circumstances may conditions for the ordering of additional supplies be detrimental to those of the main order unless expressly agreed otherwise in writing.
To be valid, the order must specify in particular the quantity of the products sold as well as the price agreed, the conditions of payment, the place and the date of delivery or the removal. Orders are only valid when they have been confirmed in writing, by fax, by e-mail or after payment of a deposit. Unless otherwise agreed, the confirmation of the order implies for the purchaser acceptance of the sales conditions of the seller, the recognition of having full knowledge and the waiver to avail himself of his own conditions of purchase. Any modification or resolution of order requested by the buyer can be taken into consideration only if it has been received in writing before the products are shipped. If the seller does not accept the modification or the resolution, the deposits paid can be restored only in merchandise value (or will not be restored).
The prices quoted, both on our rates and on our quotations, except for written and formal stipulation, in value excluding taxes, from our depots, including packaging, goods loaded on truck, transport not included. Any taxes, duties, fees or other benefits payable under the French regulations or those of an importing country or a transit country shall be borne by the purchaser.
Case of exports In cases where the customer removes the goods (sale ex-works), it is expressly agreed that the customer undertakes to provide us with any document justifying the said export (DAU, EX, ...) on first request. Failing to provide this justification, the customer irrevocably accepts that he is invoiced the French VAT that he will pay upon receipt of invoice.
III – CARACTERISTIQUES DES PRODUITS
The dimensions, weights, colors and other characteristics of our products are subject to variations inherent in their nature and manufacture, they therefore benefit from tolerances of use. Consequently, notices, plans and other descriptive documents given to our customers to enable them to choose and use these products can not be deemed to contribute to their implementation and therefore do not engage our responsibility. We reserve the right to modify without notice or to withdraw from our catalog any of the articles submitted without this making a claim for compensation.
IV - GOODS RECEIVED
Our customers can take delivery of the goods themselves or have them taken over by a third party. The delivery is carried out: - Either by direct delivery of the goods to the buyer - Either by sending a notice of availability in the factory to the attention of the buyer - Or at the place indicated by the buyer on the order form
DELIVERY AND TRANSPORT The transport of our goods is entrusted to a carrier by us only at the express request of our customers. Our goods travel at the expense, risk and peril of the consignee, to whom, in the event of damage, loss or delay, it belongs to exercise any necessary recourse against the carrier. This stipulation is applicable even in the case of sending "free" or "prepaid", the advance of the transport costs being then made in order and on behalf of our customer. All invoiced deliveries bear administrative costs.
I - DELAYS Deliveries are only made on the basis of availability and in the order of arrival of orders. The seller is authorized to make deliveries in whole or in part. The delivery times are indicated as accurately as possible but are based on the possibilities of supply and transport of the seller. Overdue delivery periods can not give rise to damages, withholding or cancellation of orders in progress. In the case of forces of nature: total or partial strike, flood, fire, machine breakage, impossibility of supply, etc. our company will be released from the delivery obligation.
VII- CLAIMS AND RETURNS OF PRODUCTS
Without prejudice to the arrangements to be made with respect to the carrier, claims concerning apparent defects or non-conformity of the delivered product with the ordered product or with the dispatch note must be made in writing within eight days of arrival of the products. It is the buyer's responsibility to provide any proof of the actual defects or anomalies found. It is the responsibility of the seller to make any discovery of these defects and to remedy them. He shall refrain from intervening himself or any third party for this purpose. Any return of the product must be the subject of a formal agreement between the seller and the buyer. Any product returned without this agreement would be held at the disposal of the purchaser and would not give rise to the establishment of an asset or a refund. The costs and risks of return are always the responsibility of the purchaser. Any acceptance accepted by the seller will result in the choice of the purchaser: the replacement of the products, an asset, the reimbursement of the products to the exclusion of any indemnity or damages.
VIII – PAYMENT
1- Settlement date: Invoices of less than two hundred Euros (€ 200.00) are payable by credit card when placing an order. For other invoices, in accordance with the provisions of the Law of 4 August 2008, known as the Law of Modernization of the Economy, their deadline of settlement is fixed maximum 60 days net date of invoice, as indicated on their front. However, purchases made by a customer who does not have an account open on our books are payable in cash before pick-up or before shipment of the goods.
Method and place of payment: The applicable method and place of payment are indicated on the front of our invoices. Any invoice resulting from a delivery effected in account shall, unless otherwise agreed, be accompanied by a bill of exchange. In the event of non-payment of a bill of exchange at its due date, we reserve the right to suspend or cancel the execution of orders in progress, without prejudice to any other remedies, of our unpaid goods (see Article IX)
Discount for early settlement:
Any customer who settles our invoices before maturity benefits from a discount for early settlement. The discount rate granted corresponds to the average "Euribor" of the month preceding the receipt of the settlement plus 2 percentage points.
Penalty for late payment:
Any payment not honored at the due date indicated on the invoice is subject to interest and penalties for delay. In accordance with the provisions of the Law of 4 August 2008, known as the Law of Modernization of the Economy, the rate of interest applicable will be equal to three times the rate of the legal interest in force. In addition, there will be a lump sum indemnity for recovery costs of € 40. These penalties and fees will be due upon request of the seller. In the event that the collection costs incurred are greater than this fixed amount, the seller reserves the right to request additional compensation on the basis of justification.
TITLE RETENTION CLAUSE:
The seller reserves the property of the goods delivered until full payment of the price and the corresponding accessories. For greater certainty, the delivery of a bill of exchange or other securities creating an obligation to pay does not constitute a payment and, notwithstanding this retention of title clause, the risks of loss, theft or deterioration of the goods sold are the exclusive responsibility of the customer upon delivery. The purchaser may not resell the goods unless expressly authorized by the seller.
By express agreement and unless delayed and timely requested and granted by us, default of payment of our supplies on the fixed deadline, in addition to the refusal and cancellation of orders in progress, will result in: (1) immediate repayment of all amounts due, regardless of the method of settlement provided, even if they are the subject of accepted commercial paper with a longer maturity. 2) the intervention of our litigation department (3) the payment, as a penal clause, of an indemnity of 15% of the total sum due.
In case of non-payment, 48 hours after a formal notice remains unsuccessful, the sale will be automatically terminated if good seems to the seller who can apply, in summary, the return of the products, without prejudice to any other damages, interests. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the course of delivery and whether or not their payment has expired. In the case of payment by commercial instrument, the failure to return the instrument will be considered as a refusal of acceptance equivalent to a default of payment. Similarly, where the payment is staggered, the non-payment of a single due date will result in the immediate payment of the entire debt without notice. In all the above cases, the sums which would be due for other deliveries, or for other cause, will immediately become exigible if the seller does not opt for the resolution of the corresponding orders. Under no circumstances may payments be suspended or made the subject of any compensation without the prior written consent of the seller. Any partial payment will be charged first to the non-privileged part of the receivable and then to the amounts with the earliest due date.
Machines and equipment given in leases are, in general, the subject of a specific personalised lease. In all other cases, these general conditions apply.
Delivery and transport: The rented machines and equipment are packaged and transported at the lessee's own expense and responsibility, both when they are made available and when they are returned to the lessor. The lessee must communicate to the lessor the address at which the equipment is used; this material may in no case be moved to another place unless prior written agreement of the lessor.
Conservation and maintenance:
The lessee undertakes to respect scrupulously the recommendations and advice of use of the manufacturer of these goods, referred to in the manual of use, of which he acknowledges to have a copy and to have taken notice. It is forbidden to make any technical modification, however minimal, to these machines and materials. The lessee expressly refrains from masking or dismantling the identification plates affixed to the leased property, indicating that they are the unseizable property of the lessor of first and second rank. Throughout the term of the lease, the lessee undertakes to repair and maintain the leased machines and equipment, to keep them always in good working order, and to use them as a precautionary and diligent professional, at his own expense and under its sole responsibility. The manufacturer's warranty service, maintenance and repairs will be monitored exclusively by the specialized staff of the lessor or designated by him. The lessee may not, free of charge or onerous, assign or sublet the machines and materials herein, or grant or permit to acquire any rights in respect of such property. The lessee shall allow the lessor or his agents to inspect the leased machinery and equipment as often as the landlord deems useful. At the expiry of the present terms, if any, or in the event of their early termination for any reason whatsoever, the lessee will have to refund the leased equipment at his expense and expenses to the head office of the lessor, subject to a penalty of € 75 per day of delay. Destroyed or stolen machines and equipment will be replaced in the same way as new, at the expense of the lessee alone. In the event of the return of equipment which has been damaged due to lack of maintenance, misuse or alterations to its original design, repairs will be at the express charge of the customer (replacement of defective parts and hours of labor).
Insurance: The Lessee will deal personally with the supervision of the management and use, as well as any damage caused to others by reason of these assets. He must insure the machinery and equipment in question against the rental risks and as regards the professional civil liability with an insurance company, notoriously solvent, which he must, to any requisition, justify to the lessor. Similarly, this insurance must cover the risks of destruction or theft of these materials.
XIII - SITE INSTALLATION AND DISPLACEMENT OF OUR EMPLOYEES Outside the case of flat-rate or "turn-key" pricing, the customer is responsible for: 1) travel by train or return plane; 2) the time spent by our technicians in the various means of transport will be charged per man and per day according to the tariff in force; 3) the installation work is invoiced at a fixed rate per person per day, excluding taxes, according to the tariff in force; 4) if the working day of one of our technicians was exceptionally exceeding 8 hours, overtime would be charged according to the tariff in force; (5) hotel and meal costs are to be borne by the client and paid directly by the customer, on the spot, for a one-person room with bathroom and three meals per day ( breakfast lunch dinner) ; 6) a vehicle is placed at the disposal of our technician (s), enabling him / her to go from the place of intervention to the place of stay, whenever the latter is away more than a kilometer.
XIV - WARRANTY OF ALL OUR SHOOTING AND BALL-TRAP APPARATUS:
Our products are warranted against defects in materials and workmanship for a period of time varying according to the model in the catalog, the time from the date of shipment or removal, except for wear parts (launching plate, springs, relays, electromagnets , etc.) provided that they are used for the normal service for which they are intended and maintained in good working order. This warranty does not cover damage caused by negligence or recklessness in the use of our equipment, or due to lack of maintenance and, more generally, its misuse. Our warranty is void and our liability is immediately released if the appliance has been altered or altered when it has been repaired outside our workshops or those of our agents. original parts have been replaced by counterfeit parts. The exchange of parts or their repair can not have the effect of extending the duration of our period of guarantee.
The reimbursement of pallets is only possible if our customers have to pay the following: 1) that these packages to our mark have been received in good condition; 2) that a voucher of our issue (delivery note, invoice, etc ...) is provided to us.
COMMODED GOODS NOT RETIRED:
The goods ordered and not withdrawn under a month of storage are considered to be made available to our company. If the goods have been ordered for specific purposes and if no response has been received within 30 days of receipt of a registered letter with acknowledgment of receipt, the advance payment the customer remains with us.
XVII - ATTRIBUTIVE CLAUSE OF JURISDICTION:
Any dispute, whatever the cause, will be the exclusive jurisdiction of the Commercial Court of Antibes, even in case of incidental requests, call of guarantee or plurality of defendants.