GENERAL TERMS AND CONDITIONS OF SALE
1. ACCEPTANCE AND MODIFICATION OF OUR TERMS AND CONDITIONS OF SALE
Our sales are subject to these general terms and conditions of sale, which prevail over any purchase conditions, unless expressly waived by us.
2. AVAILABILITY OF MATERIALS AND INFORMATION
Acceptance and fulfillment of an order are subject to:
– The availability of materials (including, where applicable, supplies from our subcontractors)
– The availability of all specifications and information enabling us to process the order and continue manufacturing without delay.
3. PRICE
Our prices are quoted ex-works, excluding tax. These prices are subject to change without notice, depending on the cost of raw materials, labor, and tax rates.
4. QUANTITIES/WEIGHTS
The prices quoted apply only to the quantities and shipping conditions stipulated in our price quotation or order acknowledgment. These prices may not be valid for other quantities shipped or for other shipping methods.
We will strive to supply the exact quantities ordered, but supplying the order within 10% of the nominal quantity will be considered sufficient to settle the order. The price will be adjusted pro rata accordingly.
5. DELIVERY TIMES
While we strive to meet the agreed deadlines, our delivery dates are only indicative. The buyer may not cancel the sale, refuse the goods, or claim damages.
6. TRANSPORTATION
Our goods travel at the buyer’s risk, and the buyer is advised to check their condition and quantity upon delivery. In case of delay, shortage, damage, etc., the recipient must, before accepting delivery, pursue their legal recourse against the carrier. In all cases, our guarantee is strictly limited to the replacement of the goods, excluding any other damages or compensation.
7. GUARANTEES
Claims regarding any manufacturing defect must be notified to us by registered letter within 7 days of receipt. Upon our request, these goods must be returned to us freight prepaid for inspection.
These goods will be replaced if we find a manufacturing defect, provided they have not undergone any alteration, modification, etc.
Any labor or other costs incurred by the customer during the initial stages of work on goods with hidden defects will not be reimbursed under any circumstances.
Goods returned to us and potentially replaced become our property.
Our warranty is limited to the exchange of unsatisfactory goods. However, in the event of a defect, our liability is limited to replacement, excluding any other costs or compensation.
8. PAYMENT
- Payment deadlines
In accordance with Article L441-6 of the Commercial Code as amended by Law on the Modernization of the Economy (LME) No. 2008-776 of August 4, 2008, the agreed period between the parties to settle the sums due cannot exceed 45 days end of month or 60 days from the date of issue of the invoice. (French Laws)
- Late payment :
Pursuant to Article L 441-6, paragraph 12 of the French Commercial Code, as amended by Law No. 2012-387 of March 22, 2012, any late payment automatically renders the following payable from the day following the payment due date shown on the invoice:
1) Late payment penalties.
These penalties will be calculated by applying the European Central Bank’s refinancing rate plus ten percentage points.
2) A fixed compensation fee for recovery costs, amounting to €40.
This compensation is due pursuant to a provision of the Law of March 22, 2012, applicable from January 1, 2013. Its amount is set by Article D 441-5 of the French Commercial Code.
Under Article 441-6, when the recovery costs incurred are greater than the amount of this fixed compensation, the supplier is also entitled to claim additional justified compensation.
9. PACKING
Except in special cases, our goods are supplied with non-returnable packaging.
10. TOOLS
Customers may reserve the right to exclusive use of plans and models, but all tooling and other special equipment used in manufacturing remains our property, whether or not the customer has contributed to the cost of tooling and equipment, even if they have been invoiced in part or in full.
11. ORDER CANCELLATION BY THE SELLER
We reserve the right to cancel the order by registered letter and to recover any costs incurred in the following cases:
– bankruptcy proceedings initiated by the customer
– in the event of late payment, we reserve the right to suspend or cancel pending orders without prejudice to any other legal recourse, in accordance with the provisions of Article 8.
12. ORDER CANCELLATION BY THE CUSTOMER
Except with our prior written agreement, an order for goods manufactured to fulfill a customer order cannot be cancelled unless the customer pays the full cost of manufacturing incurred up to the date of cancellation at our factories, including the cost of all parts ordered, supplied, or specially manufactured for said order.
If we must stop manufacturing at the customer’s request or due to a lack of information, we will consider this to be equivalent to a cancellation of the order by the customer.
13. FORCE MAJEURE
In the event that normal manufacturing is prevented, interrupted, disrupted or delayed for any reason beyond our control, strike, lockout, riot, war, fire, flood, etc., we reserve the right to suspend execution and possibly cancel the order.
14. PATENTS
We decline all responsibility in the event of any patent infringement claim concerning goods manufactured at the request of a customer.
15. PARTIAL DELIVERY
When a dispute arises on a sales contract concerning goods to be delivered in several installments, it cannot in any way affect the other delivery schedules.
16. JURISDICTION
By express agreement, any dispute shall be brought exclusively before the competent courts, dependent on our head office even in the event of a third-party claim or multiple defendants.
