General Terms and Conditions
Last updated: 15/06/2020
- Any obligation on our part negotiated with one of our representatives is subject to our expressively uttered approval.
- The shipment of all our products, by sea or by air, is at the buyer’s risk. This also applies when the order is carriage free.
In this context, we would like to point out that in case of a complaint forwarded by the customer and concerning all type of delivery, the buyer has to enforce his claim in writing by marking it on the shipping note made out by the forwarding agency. In compliance with § 105 of the commercial law, any claim has thus to be put forward and confirmed within three working days; otherwise, all claims towards the forwarding agency or any insurance company will expire and be deferred.
- Our commitment remains limited to the replacement of the defect product delivered EXW excluding any other default, deficiencies or shortcomings claimed by the buyer. It is the buyer’s obligation to check and verify the products and their characteristics carefully on delivery and, especially, before they get into use.
- Delivery date is calculated from the day we receive the order. Strikes or any other case of force majeure will legally cancel the stipulated terms of delivery.
- Whichever expedition site is, France or abroad, invoices are payable in Brignoles France (place of payment).
- In case of litigation, any claim or dispute lies with the jurisdiction of the commercial court of Draguignan (France).
- Whichever the agreed term of payment, the invoices remain payable in Brignoles (France).
- Forfeit of clause: if there is no expressively uttered agreement otherwise nor any prolongation of payment agreed to by our company, or in case our balances referring to any delivery executed by us has not been done on due time, we reserve the right to have any outstanding sum collected immediately. This also applies to invoices which are not yet due, regardless of any terms of payment negotiated otherwise and before. The latter will be due immediately and must be paid after notification through a letter sent by registered mail.
Partial payment is legally considered as being to the charge of our debtors.
Should the buyer not be able to give proof of sufficient solvency nor securities with regard to our debt claims, the special conditions of sale formerly granted to him may expire.
- For any invoice under 150 €, we require an extra charge for issuing the invoice.
Invoices under 150 € must be paid by cheque immediately on receipt.
- For carriage paid orders, our prices are subject to the shipping costs variations.
- Carriage free orders are subject to the terms for delivered prices. Should the customer wish to change or modify the shipping in any way, the formerly made agreements can no longer apply.
- Penalty clause: in compliance with article L 441-6 of the French Commerce Law, we are entitled to claim an annual rate of 20% of the amount + 40 euros of penalty if the amounts due are settled after the date stipulated and indicated on the invoice or after the period mentioned in our general terms and conditions.
Should the buyer have not duly met his obligations concerning previous orders (default or delay in payment), we are entitled to refuse to accept any further order or to execute orders only against payment in advance or against evidence of sufficiently provided securities.
Reductions for cash or advance payment will not be granted.
- We deliver in compliance with the Incoterms 2020.