Any order implies as of right, acceptance by the customer of our general conditions of sale and if applicable, any special conditions indicated in our offers. Orders are accepted only after our written confirmation in the form of an order acknowledgement which represents our sole commitment.
All contrary clauses and conditions which may be shown on orders or printed forms of the purchaser or its representative are null and void.
All orders must be in writing on headed paper. We do not accept orders placed by telephone.
ln the event of cancellation of an order by the purchaser regardless of the reason, a sum equivalent to 10% of the order value (with a minimum of €1OO ex tax) shall be due from the latter to cover the miscellaneous commercial and financial costs incurred for the order. If the product has already been manufactured, the full price is due after deduction of any scrap value.
Our price lists are exclusive of tax, ex works. All our supplies are invoiced at prices in force on the day of the order.
Our offers are valid for a maximum of six weeks.
Minimum sale and invoice sum: €100 ex tax
We adopt all necessary measures to ensure delivery deadlines are respected. Any delay in making available of the goods shall not justify cancellation of the order, or any claim for damages and interest, or penalties for late delivery.
War, strikes, epidemics, floods, interruption or reduction of transport services, shortages of equipment, raw materials or manpower, acci dents and any other causes resulting in a layoff of ail or part of our plants, constitute cases of force majeure formally stipulated in contracts or agreements and may result in modifications, not only regarding performance and deliveries, but also of the specified prices and conditions.
The purchaser shall ensure that on acceptance and in the presence of the transport firm’s representative, the goods are in good condition even if the packages appear intact, and verify that the number of packages corresponds to that indicated on the delivery note. Should it be noted that packages are damaged or missing, it is the purchaser’s responsibility to enter a description of the reservations on the delivery form and confirm the reservations made on the form to the transport firm by registered mail, within 72 hours. This procedure is also valid for international transportation.
Any qualitative and/or quantitative complaint, excluding any transportation dispute, shall be examined exclusively if submitted within 48 hours from the lime of receipt of the goods, on penalty of inadmissibility.
Goods shall not be returned without the written acceptance of C/S FRANCE.
ln the event of non conformity our liability is limited to pure and simple replacement of the goods without any compensation of any other nature whatsoever.
Our invoices are payable atour company’s registered office within 30 days’ date of invoice. The aforementioned general payment conditions may be amended or supplemented expressly in writing by any contractual document issued by C./S. France. A discount on the total sum due excluding taxes may be granted in the case of payment at the latest 15 days’ date of invoice. The customer shall not rely on any corn plaint to suspend or delay payments. The first deliveries to new customers are made against payment at the time of order. Orders of a value exceeding €4600 ex tax must in ail cases be accompanied by an advance payment by chèque, of 30% of the total order value. The advance payment shall not give rise to a discount. Non payment of an invoice shall entitle C/S France to demand payment of any other in voice, even before the due date, and to require payment in full at the lime of any new order. ln addition C/S France shall be entitled to sus pend any new deliveries without prior notice.
Penalties for delay shall apply in the case of non payment from the day alter the due date. The rate applied shall be as the minimum three limes the legal interest rate. ln the event of recovery through legal proceedings, a penalty of 15% shall be levied as damages and interest for late payment in addition to the aforementioned penalties for late payment. All payment deadlines by our company shall incorporate a clause of forfeiture of lime to pay. A single unpaid instalment renders the balance of the debt due immediately.
All sales of goods by C/S FRANCE are subject to retention of ownership according to the following terms : Transfer of ownership of goods sold by C/S France to the purchaser is contingent on payment of the full price.
ln the event of non payment on any due date, C/S France may reclaim the goods by registered mail with return receipt, indicating the date and place for return of the goods. Such returns shall be made at the expense and risk of the purchaser, without prejudice to sums C/S France may claim from the purchaser as damages and interest for defaulting on its obligations.
ln the event of resale of the goods, the purchaser shall inform the subséquent purchaser of the existence of this clause and of the right of C/S France to act directly against the subsequent purchaser to reclaim the balance of the price outstanding, pursuant to Article 122 of the Law of 25 January 1985. The purchaser shall supply to C/S France all information regarding the identity of the subsequent purchaser and the payment methods to allow C/S France to act in order to recover the price. Should the subsequent purchaser pay cash, C/S France may demand immediate payment in full of sums due or that will become due from the purchaser.
These provisions shall not prevent the immediate transfer to the purchaser of the risks of loss or damage.
ln the case of a dispute the competent court is the Commercial Court of Evreux in France, including in the event of an appeal under guarantee or multiple defendants. French law shall apply.