General terms and conditions of sale
The prices and information given on the company’s website, catalogs, brochures and price lists are given for information purposes only. The seller reserves the right to make any changes to the layout, shape, dimensions or materials of its equipment, machines and machine parts, whose engravings and descriptions appear on its printed and digital media for advertising purposes.
The supply includes exactly and only the material specified in the quotation and the acceptance of offers also implies adherence to these conditions.
The sale contract, even in the case of a prior quotation or offer, is only perfect subject to express acceptance by the seller of the buyer’s order.
The weights given in the quotation or contract are only indicative; they can in no case be the cause of claims or price reductions when the equipment is sold at a fixed price. After ordering, the seller shall provide, if applicable, for each appliance and excluding any working drawings, installation or foundation drawings.
For additional supplies, prices and new deadlines are discussed specifically between the manufacturer and the customer. Under no circumstances may the conditions for additional supplies prejudice those of the main order.
2. STUDIES AND PROJECTS
The projects, studies and documents of any nature given or sent by the seller always remain his entire property. They must be returned to him at his request.
They are provided free of charge, if they are followed by the order to which they relate; otherwise, the seller shall be reimbursed for his study and travel expenses. The seller retains full intellectual property rights to its projects, studies and documents, which may not be communicated or executed without its written authorization.
3. DELIVERY AND PRICES
Unless otherwise agreed, delivery shall be deemed to be made in the seller’s factories or stores. Prices are exclusive of tax for equipment in the seller’s factory or store.
Delivery shall be made either by direct delivery to the customer, or by simple notice of availability, or by delivery in the seller’s factories or stores to a shipper or carrier designated by the customer or, failing such designation, chosen by the seller.
The principle of delivery in the seller’s factories or stores may not be derogated from by the fact of indications such as: delivery free of charge at the station, on the platform, at home or reimbursement of total or partial transport costs. If shipment is delayed for any reason beyond the control of the seller, and if the latter agrees, the equipment shall be stored and handled, if necessary, at the expense and risk of the buyer, the seller declining all subsequent liability in this respect.
These provisions do not affect the obligations to pay for the supply and do not constitute any novation.
Delivery periods shall start from the latest of the following dates: the date of the acknowledgement of receipt of the order, the date on which the seller has received the information, the deposit or the supplies that the buyer has undertaken to deliver.
Delays cannot, under any circumstances, justify the cancellation of the order. In the event of a delay in delivery in relation to the contractual deadlines; if special agreements stipulate penalties, these may under no circumstances exceed 5% of the workshop or store value of the equipment whose delivery is late. A penalty may only be applied if the delay is caused by the vendor and if he has caused a real prejudice and has made a contradictory finding. It may not be applied if the purchaser has not notified the vendor in writing at the time of the order and confirmed, at the time of delivery, his intention to apply this penalty.
The seller is automatically released from any commitment relating to delivery times if the terms of payment have not been observed by the buyer or in the presence of a case of force majeure or events such as: lockout, strike, epidemic, war, requisition, fire, flood, tooling accidents, scrapping of important parts in the course of manufacture, interruption or delay in transport or any other cause leading to total or partial unemployment for the seller or its suppliers.
Seller shall keep Buyer informed, in a timely manner, of such cases or events. Payments for supplies may not be deferred or modified as a result of penalties.
Packaging is always due by the customer and is not taken back by the seller, unless otherwise agreed. In the absence of any special indication in this respect, the packaging is prepared by the seller acting in the best interests of the customer.
5. TERMS OF PAYMENT
The acknowledgement of receipt of the seller’s order and, failing that, his commercial proposal determines the terms of payment.
In the absence of provisions agreed between the parties, repair and maintenance work, as well as additional supplies or supplies delivered during assembly shall be invoiced monthly and payable in cash, net and without discount.
The invoice shall state the date on which payment is due; payments shall be made at the Seller’s domicile.
In accordance with Article L.441-6 of the French Commercial Code, any delay in payment with respect to the contractual dates shall automatically give rise to a late payment penalty calculated by applying to the sums remaining due an interest rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the debt.
Agreed payment dates may not be delayed under any pretext whatsoever, including in the event of a dispute.
In the event of sale, transfer, pledging or contribution of its business or equipment by the buyer, as well as in the event that one of the payments or acceptance of one of the drafts is not made on the date, the sums due become immediately payable, regardless of the conditions agreed upon previously.
6. RESERVATION OF OWNERSHIP
The seller retains ownership of the goods sold until actual payment of the full price in principal and accessories. Failure to pay on any of the due dates may result in the claim of these goods. The buyer nevertheless assumes, as of delivery, within the meaning of the 3, above 2nd paragraph, the risks of loss or deterioration of these goods as well as the responsibility for any damage they may cause..
7. TRANSPORT, CUSTOMS, INSURANCE, ETC.
All transport, insurance, customs, handling and delivery operations are at the expense and expense, risk and peril of the purchaser, who is responsible for checking shipments on arrival and, if necessary, exercising his rights of recourse against the carriers, even if the shipment was made free of charge. In case of shipment by the seller, the shipment is made in port of, at the most reduced rates, unless expressly requested by the buyer and, in all cases, under the buyer’s full responsibility.
8.1 – Defects giving right to the guarantee –
The seller undertakes to remedy any operating defect resulting from a defect in design, materials or workmanship (including assembly if this operation is entrusted to it) within the limits of the provisions below. The Seller’s obligation shall not apply in the event of a defect arising either from materials supplied by the Buyer or from a design imposed by the Buyer.
Any guarantee is also excluded for incidents due to fortuitous events or force majeure, as well as for replacements or repairs resulting from normal wear and tear of the equipment, deterioration or accidents resulting from negligence, lack of supervision or maintenance and faulty use of the equipment.
8.2 – Duration and starting point of the guarantee –
This commitment, unless otherwise specified, applies only to defects that have manifested themselves during a period of two years and/or 2000 hours, the first of the conditions reached cancelling the other (warranty period).
In all cases, if the equipment is used in several teams, this period is necessarily reduced by half.
The warranty period starts on the day of delivery within the meaning of paragraph 3, above, 3rd indent.
If shipment is delayed, the warranty period is extended by the duration of the delay. However, if the delay is due to a cause beyond the control of the Seller, the extension may not exceed nine months.
Replacement parts or remanufactured parts are guaranteed under the same terms and conditions as the original equipment and for a new period equal to that defined in the paragraphs relating to the duration of the guarantee. This provision does not apply to other parts of the equipment whose warranty period is extended only for a period equal to that during which the equipment was immobilized.
8.3 – Buyer’s obligations – In order to be able to invoke the benefit of these provisions, the buyer must notify the seller, without delay and in writing, of the defects that it attributes to the equipment and provide all justifications as to the reality of these defects. He must give the seller every facility to proceed with the discovery of these defects and to remedy them; he must also refrain, except with the express agreement of the seller, from carrying out the repair himself or having it carried out by a third party.
8.4 – Terms and conditions for exercising the guarantee –
It is the responsibility of the seller so advised to remedy the defect at its own expense and with all due diligence, the seller reserving the right to modify, if necessary, the devices of the equipment in order to meet its obligations.
The work resulting from the warranty obligation shall in principle be carried out in the Seller’s workshops after the Buyer has returned the defective equipment or parts to the Seller for repair or replacement.
Nevertheless, if, given the nature of the equipment, the repair must take place on the installation area, the seller shall bear the labour costs corresponding to this repair, excluding the time spent on preliminary work or on dismantling and reassembly operations made necessary by the conditions of use or installation of this equipment and concerning elements not included in the supply in question. The cost of transporting the defective equipment or parts, as well as the cost of returning the repaired or replaced equipment or parts, shall be borne by the purchaser, as well as, in the event of repairs at the installation site, the travel and return travel expenses of the vendor’s agents.
The parts replaced free of charge are made available to the seller and become its property again.
8.5 – Damages – interest – The seller’s liability is strictly limited to the obligations thus defined and it is expressly agreed that the seller shall not be held liable for any compensation, including for immaterial or indirect damages such as, in particular, loss of earnings, loss of use or income, claims by third parties.
8.6 – Guarantees relating to industrial results – When guarantees are given as to industrial or economic results, the consequences of this commitment are the subject of a special agreement between the parties. If these results are not achieved, and in the absence of specified penalties, these may not exceed a total sum equal to a maximum of 5% of the value, before tax, in the workshop or store of the equipment or part of the equipment in question.
9. TREATMENT OF ELECTRICAL AND ELECTRONIC DEVICES AT THE END OF THEIR LIFE CYCLE
As provided for in Article 9.2 of European Directive 2002/96/EC on waste electrical and electronic equipment, as transposed by Article 18 Decree No. 2005-829 of 20 July 2005 on the composition of electrical and electronic equipment and the disposal of waste from such equipment (JORF, 22 July 2005, p.39), this product, if fitted with electrical or electronic equipment, may under no circumstances be treated as household waste. The customer must therefore hand it over to a waste collection center in charge of the recycling of electrical and electronic equipment. The user shall ensure the disposal of waste from its equipment. By disposing of the equipment correctly, the user helps to prevent harmful consequences for the environment and human health.
For disposal, observe the applicable waste disposal regulations of the country of installation. For further information on the treatment, recovery and recycling of these devices, please contact your local authority or waste disposal company.
In the absence of an amicable agreement, it is expressly agreed that any dispute relating to the contract shall be subject to the exclusive jurisdiction of the court within whose jurisdiction the seller’s domicile is located, even in the event of a warranty claim or multiple defendants.