Terms of Sales
1°/ SUPPLY OFFERS
All sales of the seller’s new products can only be done by our firm, our agents or the qualified members of our firm. They have to be made according to the following general sales conditions.
2°/ PURCHASE ORDER CONFIRMATION
Concerning the term of delivery, the orders are effective when we receive the down payments panned in the article dealing with payment bellow.
3°/ The order advantage belong to buyer and cannot be conceded without the firm’s agreement
4°/ The indicated material prices are the prices of the quote. Those prices are firm, for non-packed goods, ex-works. The possible transportation costs from the factory to the delivery address asked by the customer are chargeable for the buyer.
Payment should be made at the rate of one part while ordering and the balance at delivery or before shipment. Concerning the made-to-order payment, the buyer does not have the right to retract by means of renunciation of the down payment which, in case of cancelling the order, is kept vested to the seller as an allowance, subject to every other right. Resort to the guarantee cannot justify any delay in the payments.
6°/ PROPERTY / INCORPOREAL RIGHTS
The seller keeps the property of the goods sold until the effective payment of the whole price of goods and accessories. The absence of payment in any of the due dates can lead to the claim of those goods. Nevertheless, as from the delivery, the buyer assumes the risks of loss or deterioration of his goods as well as the responsibility of the damages they could cause.
7°/ The prices indicated during the order are given as a guide, the invoicing always being done according to the price established by the actual delivery day, that is to say the taking possession by the buyer. In case of trade-in, the decrease benefit is not applicable.
8°/ If the price of the material given at the delivery day is more than 20% of the price established by the order time, the buyer will be able to cancel his order and to require the refund of the paid-in down payment. The buyer will have to notify his decision through a certified mail within the forty-eight hours which follow the reception of the increase notice sent by the seller; otherwise the order will be maintained at the increased price. The increase that can happen because of laws or news taxes is not taken into account in the hypothesis of the increase previously mentioned.
9°/ TERM OF DELIVERY
Owing to the number of circumstances that can affect the production of our firm, the indicated terms of delivery are purely given as a guide, without any obligation from part of the seller.
10°/ Nevertheless, unless a particular difficulty of execution or anything else reported in a due time, or unless a modification of order by the buyer, if the term of delivery went past 6 months, one month after a formal notice of delivery staid without effect, the buyer would have the right to cancel this realisation which would only lead to our firm the return of the done payment, without any interest or indemnity. If the buyer kept his order after the expiry of the term of delivery above specified, a delay would, by no means, account for reason for any damages. The kept term of delivery is the one written by our firm on the order acknowledgement.
11°/ IMPLEMENTATION OF ORDERS
The material is delivered as it has been manufactured in our plant. At any moment, our firm keeps the right to make any adjustments deemed useful to its products, without the obligation of making any change on the material previously made or on order. This clause cannot be applied to the special features previously approved on the quote by the buyer.
12°/ By express agreement, the unpredicted cases which can lead to an halt in our plant or that of our suppliers give the right to our firm to dispense us from all our commitments. Those unpredicted cases are the following force majeure cases: mobilisation, war, epidemic, strike, transport stoppage, raw material shortage, fire, materials accidents or every similar accidents.
The products can either be made available to the buyer or can be delivered as it was defined with the buyer on the order acknowledgment. Those materials and accessories will stay on possession of our firm until the buyer takes possession of them and until he has paid them in full. In case the materials are made available in our plant, if nothing has been removed within 8 days after this notification a first formal notice is addressed to the buyer by certified mail. If the buyer does not take delivery within nine days, the firm will be able to use the materials and accessories as wanted. For the materials made according to a quote and approved by the buyer, by all the right means, our firm will be able to make the buyer accept the delivery of its materials, without any damages he could ask for.
In any case, the possible shipments of material are done at the addressee’s own risks. The buyer has to make sure of conformity of shipment and, if necessary, book the transport. In case of removing the material directly at the plant, our firm’s responsibility ends with the customer’s acceptance of goods and delivery order. No subsequent claim, particularly for something missing, will be allowed.
The guarantee, as set below, has force of law between both sides and stands for express agreement all legal guarantee (articles 1641 and followings from the Civil Code)
16°/ The new materials manufactured by our firm is warranted against every defect in materials and manufacturing defect within twelve months as from delivery day or from pick-up day.
17°/ During twelve months, this guarantee solely covers the exchange of pieces that are recognised by our firm, that are defective or their overhaul at its convenience, except the expenses of second importance such as labour cost and transportation to our plant.
18°/ OBLIGATIONS OF THE BUYER
To be able to evoke the benefit of these arrangements, the buyer has to notify the seller, without delay and in writing, about the defects of the material and supply all the justifications which could prove them. He has to afford every opportunity to carry out the observation of those defects and to solve them. In addition, he has to refrain from doing the reparations himself or by a third, except an express agreement from the seller. The buyer commits to restore the original pieces when they are replaced by the pieces asked in guarantee.
19°/ The guarantee neither covers the natural wear resulting from the use nor the damages which could result from a material accident or from a bad use.
20°/ The guarantee will not be applicable to all material that would have been modified out of our plant, or that will not have its approval written previously or if some pieces assembled by our firm would have been replaced by others from another origin. The exchange or overhaul of the pieces done in conformance with the guarantee cannot lead to the its extension.
21°/ FAIRS AND SHOWS
Except with a written authorization from our firm, it is forbidden for the buyer to expose materials of our brand, for his account or the one of a third, in any fairs and shows. And all this, under the sanction of all the damages our firm would be entitled to claim for any breach of this rule.
22°/ VENUE AND LAW
From express agreement, every disputes or any difficulties concerning the interpretation or execution of the present order would exclusively fall within the competence of the court linked with the seller’s corporate headquarters, even in case of incidental claim, guarantee demand, defendant plurality, if it is matter of an action carried out in accordance with the contract or, from it, of an action based on a tort or a technical offence pursuant the articles 1382 and followings of the Civil Code. The diverse modes of consignment and methods of payment, payment acceptation or shipment for reimbursement, as well as the delivery place, etc. cannot generate any waiver of the attributive clause of jurisdiction.