GENERAL PROVISIONS
The sending of our documentation and price quotations is provided for information purposes only and shall not bind the manufacturer, who reserves the right to modify its products without prior notice. In such cases, the manufacturer shall supply the model whose characteristics are closest to those covered by the offer or request.
ORDERS
The submission of an order by the buyer implies acceptance of these General Terms and Conditions of Sale. Any conflicting clauses appearing on the buyer’s order documents or in the buyer’s general terms and conditions shall only be binding upon us if they have been accepted in writing. The sales contract shall only become final subject to our express acceptance in the form of an order acknowledgement. Price quotations and commitments made by our representatives or employees shall only be valid once the order acknowledgement has been issued. Our prices may be revised at any time between the date of the quotation and the date of the order, taking into account fluctuations in alloy surcharges.
Shipping costs shall be borne by the buyer unless otherwise specifically agreed and stated on the front of the quotation and order acknowledgement.
CANCELLATION
No cancellation request will be considered after a period of four days following the sending of our order acknowledgement.
SHIPPING
Our goods are always transported at the customer’s risk, including in the case of carriage-paid delivery or returns. In all cases, it is the buyer’s responsibility to inspect shipments upon arrival and, where appropriate, to exercise any remedies against the carrier.
CLAIMS
Claims relating to the quantity of goods or apparent defects must be made within seven days following the arrival of the goods at the destination indicated on the shipping document.
In the event of a hidden defect, the claim must be made within three days of its discovery. Any claim must be accompanied by the shipping notice and a detailed and precise description of the condition of the packaging and of the defect observed and claimed. The seller shall have no liability if the goods have been damaged as a result of improper storage or handling, or if they have been modified or repaired by the buyer or its employees without the seller’s prior written consent. If the claim is justified and the seller replaces the goods concerned, the transport costs relating both to the returned goods and to the replacement goods, as well as the risks incurred during transport, shall be borne by the buyer.
WARRANTY
No compensation or damages may be claimed from us for any reason whatsoever.
PACKAGING
Packaging costs shall always be borne by the buyer and packaging shall not be taken back, unless otherwise agreed.
In the absence of specific instructions in this respect, packaging shall be prepared by us in the best interests of the buyer.
PAYMENT
Our invoices are payable by cheque, bank transfer or bill of exchange at 30 days end of month, payable on the 10th, from the invoice date, unless otherwise specifically agreed and stated on the front of the invoice. For a first order, payment must be made before the goods are shipped. The buyer is required to return accepted bills of exchange submitted to it within a maximum period of seven days.
In the event of late payment, the amounts due shall automatically bear interest at a monthly rate of 1.5%.
In addition, the amounts due shall be increased by 10% by way of a contractual penalty.
JURISDICTION
For any dispute, regardless of its nature or cause, exclusive jurisdiction is granted to the Commercial Court of Versailles, regardless of the place of delivery, the accepted method of payment, or even in the event of third-party proceedings or multiple defendants. It is expressly stipulated that any clauses printed in the margins or in the body of letters or purchase orders issued by our customers which conflict with the above clauses shall not be enforceable against us in the absence of prior written agreement. As a general rule, only our written commitments shall be binding upon us.
Any order automatically implies the buyer’s full acceptance of these General Terms and Conditions of Sale.
OWNERSHIP CLAUSE
By express agreement, we retain ownership of the goods supplied until the date of their full and final payment, in accordance with the provisions of French Law No. 80-335 of 12 May 1980.
RETENTION OF TITLE CLAUSE
Until the price has been paid in full, the equipment sold shall remain our property. In the event of the buyer failing to pay a single invoice by the agreed due date, and eight days after a formal notice sent by registered letter has remained unsuccessful, the sale may, at our discretion, be automatically terminated. In such case, we may obtain the return of the equipment sold by means of a summary order issued by the President of the Commercial Court of Versailles, to whose jurisdiction the parties hereby submit.
The same decision shall appoint an expert to assess the condition of the returned equipment and determine its value.
On this basis, the accounts between the parties shall be settled, taking into account the damages payable by the buyer as a result of the termination of the sale, fixed by way of a contractual penalty at 10% of the amounts remaining due on the date of termination of the sale.