Général Sales Conditions

1. Offer

Our offers are made without engagement and in theory free. The acceptance of our offers also implies the general acceptance of our general conditions of sale indicated hereafter.

 

2. Orders

a) During placing of orders, our conditions of sale are accepted fully by our customer. Divergent conditions, especially printed on forms of order, are valid only if they are confirmed by us in writing, if not our confirmation of order is to be regarded as a new offer in the conditions indicated hereafter. If the purchaser does not make opposition under eight days, the conditions of the offer are regarded as accepted.

b) Modifications of order can be taken into account only if the order is not yet in process of execution or if the raw materials are not ordered yet.

 

3. Delivery

a) The delivery periods are announced without engagement, but will be respected according to our possibilities. A delivery period can be prolonged without prior agreement in consequence of disturbances in the factory or in the event of cause beyond control (strike, fire, late delivery of the raw materials, etc…).

b) In the event of unforeseeable disturbances during manufacture, we reserve ourselves the right to cancel purely and simply the delivery without damages being able to be claimed to us. In the same way, we do not take any responsability concerning a provisioning for cover.

c) Partial deliveries are authorized, they are to be regarded as concluded business. The differences coming from a partial delivery cannot be reflected on the not delivered part of the concluded order. In the case of cancellation of part of the order, the other parts remain valid.

d) Should a term of our sales contract become invalid at law, the validity of the remaining clauses is not hereby affected.

 

4. Forwardings

a) Our prices mean departure Les Sorinières (dept 44), except written contrary conventions.

b) We reserve ourselves the choice of the forwarder and the means of routing. In the event of contrary decision on behalf of the customer, the additional expenses of tariffing are with the load of this one.

c)In case of payment by cheque, it will be cashed before shipping the goods. Consequently, the applicable times in this case are those at the day of the cashing of the cheque and thus can be modified compared to those mentioned at the day of the placing of the order.

5. Complaints

a) The complaints are to be made written under eight days after reception of the goods and that directly at our address and not via third people (agents, representatives, etc…).

b) The complaints recognized by us give right to the pure and simple replacement of the goods or to refunding.

c) Claims of compensation in any form are not accepted, even if the purchaser or a third person is injured by an unspecified fault to charge to our services.

d) The return of disputed goods cannot be carried out without our prior agreement.

e) In the event of disagreement on a delivery, the reception and the payment of the goods remain obligatory, the litigation being regularized by the establishment one to have to deduce on the corresponding invoice.

6. Payment

a) The payment is expected to be made by Bank card, bank transfer or chequefollowing our conditions of sale and is valid only if it is addressed directly to ourselves. The contrary case, a written authorization, emanating from our share, is necessary.

b) Accounts - cheques and drafts given in payment are not regarded as payment in cash, but are accepted, under condition of being honoured.

c) Any cash payment will be able to give place to the application of a discount stipulated on the invoice.

d) The delay of payment and its continuations take effect the day when the time of payment is exceeded.

e) Except prior agreement, the deliveries carried out with the new customers or firms considered as nonsolvent are sent against refunding or payment in advance.

f) Any invoice not paid 10 days following the expiration date involves a procedure of covering and releases us from all our obligations of delivery. It is the same in the event of protest for drafts or accounts - cheques.

g) In the event of delay of payment under the fixed terms, the sums due will bear full interest, and without it being necessary for a setting in residence, at the rate of once and half the legal rate of interest, without this clause harming the current liability of the debt. The calculation of the interests will be done monthly, any started calendar month will be due entirely.

 h) When the credit of the purchaser worsens, we reserve ourselves the right, even after forwarding partial of an order, to require of the purchaser the guarantees that we judge suitable for the good realization of the commitments entered into. The refusal to satisfy there gives us the right to cancel whole or part of the market. 

 

7. Penalty clause

Of convention express and except carryforward requested at time and granted by us, the non-payment of our supplies at the fixed limit will involve:

 a) Immediate current liability of all the sums remaining had, whatever the mode of payment envisaged (by draft accepted or not).

 b) The current liability, as damages and of penalty clause, of an allowance equalizes to 15% of the which had sums, in addition to the legal interests and the possible legal expenses.

c) The starting date of the interests calculated at the raised statutory rate is the first day which follows the expiry and not that of our letter of setting in residence with acknowledgement of delivery.

 

8. Reserve property

a) The delivered goods, even already used, remain our property until complete payment. All ceased goods carried out by our customer with a third person do not modify in no case this clause.

b) Our rights of ownership are untouchable and a third person is by no means authorized to have our goods. In the contrary case, the purchaser must warn us about it immediately in writing.

c) The purchaser will have to make ensure the goods counters loss and damage and warn the salesman of all measures taken by thirds on the aforementioned goods. The purchaser is responsible in the event of loss or destruction for the delivered goods.

 d) In the event of non-payment of only one invoice, the restitution of the entirety of the goods could be done by seizure of the judge of the summary procedures after sending of a registered letter summoning the purchaser to restore the aforementioned goods.

e) The expenses emanating of exemptions of these reserves of property will be to support by the customer.

 

9. Rights of protection

a) In the event of supplies of parts according to plans, sketch or samples given by the customer, this last carries all responsibilities concerning protection for these parts by possible patents, trade marks or others.

b) If manufacture were prohibited in a similar case, without the customer being compensated, the supplier reserves the right to stop manufacture and to ask for the full repayment of the caused expenses.

c) The drawings and samples given for study are returned only on request express of the customer. In addition, if no continuation were given 6 weeks after handing-over of the proposal, the plans and samples could be destroyed without prior agreement of the customer.

 

10. Place of payment and jurisdiction

a) Our goods are payable in Nantes. Our drafts and acceptances of payments operate neither novation, nor exemption from this clause. Any dispute is exclusive spring of the Court of Nantes.

b) Any contrary clause is known to be not written and is erased in front of the present attribution of competence which applies to any dispute whatever its nature, whatever the residence of our customer and his own clause of attribution of competence.