Terms and Conditions of sale
1 – General clause – Formation of sale
These standard terms and conditions of sale are submitted as a matter of course to our customers who hereby acknowledge that they are fully aware thereof before placing an order. Any order placed by the customer implies the customer’s unconditional acceptance hereof. Accordingly, all our sales are subject to these standard terms and conditions which prevail over all standard terms and conditions of business of our customers.
The sending by us of a confirmation of order forms the contract of sale between our customers and ourselves. An order is binding on the customer on whose behalf it is placed, without our being obliged to seek assurance of the capacity and power of the person signing.
We reserve the right to notify the customer in writing of our refusal to accept any new order where the said customer has not paid for previous orders in full.
2 – Delivery and carriage
Delivery is understood to take place upon the products being made available to the customer or the carrier. Unless stipulated otherwise, collection of the products takes place in our premises. The customer is liable for the costs and risks of carriage of the products, risk passing to the customer on the date of delivery.
The delivery times indicated in the order and its confirmation are given for indicative purposes only. If this delivery is delayed due to the customer, we may require the customer not only to pay for the products in full but also to pay additional charges (specifically the costs of storage) generated by this delay, on presentation of an additional invoice drawn up by our services. In this eventuality, we also reserve the right to refuse any new order issued by the said customer, without notice or further formality.
It falls to the customer to verify the goods at the time of their delivery. Claims or any reservations relating to any apparent defect or compliance defect of the products must compulsorily be addressed to us in writing by the customer within a period of 24 hours from their delivery. Failing which, the customer will be deemed to have accepted the products unconditionally.
3 – Reservation of title
WE RETAIN TITLE TO THE GOODS SOLD UNTIL ACTUALLY PAID FOR IN FULL INCLUDING THE PRINCIPAL SUM AND ANY INCIDENTALS. UNDER THE TERMS OF THIS PROVISION, THE REMITTANCE OF BILLS OF EXCHANGE OR ANY OTHER SECURITY CREATING AN OBLIGATION TO PAY DOES NOT CONSTITUTE PAYMENT. THESE PROVISIONS DO NOT PREVENT THE TRANSFER OF THE RISKS RELATING TO THE PRODUCTS TO THE CUSTOMER UPON DELIVERY.
4 – Price, conditions of payment and penalties
Our products are sold “ex-works”. Prices are stipulated exclusive of taxes; their amounts are those set out in our current price schedule in force on the date of acceptance by us of the customer’s order. The price schedule will be modified every year on the anniversary date of contract or at any other time in the year, subject to acceptance by the customer for orders in progress.
The products are paid for by direct bank debit.
In the event of acceptance by us of payment by bank transfer, bill of exchange or cheque, payment must be received no later than the last day in the calendar of payments.
Settlement of the price of the products is fixed at 30 (thirty) days, date of invoice.
In the event of early payment, the customer will benefit from a discount of 0.5% per month in advance.
In the event of late payment by the customer, we may demand a late payment penalty, without prior formal notice, calculated at the legal rate of interest plus 1.5 points.
5 – Specific conditions
The customer may enjoy specific conditions attached to these conditions. Their details and procedures for application are defined in appendix to these standard terms and conditions of sale, in the price schedule or the specific conditions of sale.
6 – Warranties
Claims in respect of hidden defects must compulsorily be reported to us in writing by the customer as quickly as possible and, in any event, no later than within a period of 48 hours with effect from delivery or from the date at which any such defects were ascertained. Acceptance of the products will take place failing any claim or reservation expressed within that period, and will result in the unconditional acceptance of the products by the customer. This warranty is limited to the replacement of the defective products or to the refund of their price (any carriage charges that might apply being the responsibility of the customer).
Our liability cannot be incurred in the event of negligence by the customer, in the event of defect due to conditions of carriage, handling, processing or subsequent mixtures. In any event, we cannot be held liable for any consequential damage that the customer might suffer such as damage to trademark, fall in turnover, loss of customers, loss of market, etc.
7 – Returns
Our products are sold firm and final. They are not taken back or exchanged except with written agreement to the contrary and instructions from us.
8 – Force majeure
We reserve the possibility of suspending all or part of the orders without compensation or other recourse in the event of force majeure, such as strike, lock-out, aborted manufacturing cycle, accidents, fires, floods, natural disasters, etc. In the case of an event of force majeure that persists for more than fifteen (15) days, we may cancel all or part of the orders without compensation. We will use our best efforts to report this event to the customer within the shortest time possible.
9 – Termination
In the event of breach by either party (the customer or us) of the obligations arising from these terms and conditions, the other party may legally terminate the contracts binding us (these standard terms and conditions and the ensuing orders) after a notice to remedy has remained without effect for a period of fifteen (15) days. In the event of termination of the contracts at our initiative, the whole of the sums remaining due by the customer will become immediately payable and due and any order that has been confirmed by us before the effective date of termination will be delivered to the customer and must be honoured by the customer immediately.
10 – Nullity
In the event any clause in these standard terms and conditions of sale were to be declared null and void, the other provisions will continue to produce their effects and the parties will endeavour to find a replacement clause with a similar economy.
11 – Non-waiver
The fact that at any given time whatsoever we do not rely on these terms and conditions shall not be interpreted as a waiver by us to do so later.