general conditions of sale
1. The general conditions of sale
apply in every case, except when both parties have agreed contractually upon a particular agreement. In the case of an order received by the buyer, it will only be considered as definitely accepted by us after written acceptance on our part. It is this acceptance which will establish the particular conditions. The defined conditions in the contract or the acknowledgement of reception override those of estimate and catalogue.
2. Delivery - Transport
Except particular conditions, the material is renowned delivered in our premises. It falls to the buyer to insure expenses and risks of transport of the goods after delivery. If the delivery is delayed for reasons outside our control, it will be renowned for having been made at the contract date.
On no account fines for delay in delivery are due except when they are foreseen contractually and strictly within the limits of 5% of the value of the delayed material and except when the damage is real and noticed contradictorily.
3. Property Reserve
The salesman keeps the property of the possessions sold up to payment of the full price. The non-payment any one of these terms will entail the demand of the possessions.
These clauses do not cover the buyer, from disposal from the risks of loss, theft and deterioration of the sold possessions.
4. Price - Terms of payment - Fines
Prices are stated duty-free.
Invoices are payable in cash, except express opposite agreements.
Of express agreement, in case of spread out payment and except adjournment granted by us, the non-payment of a term will entail the immediate payment of all the due sums. In case of disregard of the contractual conditions of payment, the buyer will by rights be liable for a fine for delay equal in 1,5 times the legal interest rate on the full sums remaining due.
5. Guarantees
a. The period of guarantee is of six months from delivery date. The period of guarantee is subject to the respect of the terms of payment agreed with the customer. In conformity with the guarantee, the salesman undertakes to repair and replace any part which, before the expiration of the guarantee period, is proved to be unusable due to bad materials, defective conception or bad assembly. The right to cancel the contract or the reduce the cost price is excluded.
b. If a performance was agreed, in case of contesting promised performances, the buyer should notify it officially in the two months following delivery. Beyond this period, the material will be considered as accepted.
The salesman reserves the possibility of modifying machines delivered during a period of three months following the contesting to obtain the contractual guarantees, and this without his responsibility being engaged as such. The customer should supply raw materials and qualified personnel to validate contradictorily the performances of the delivered material.
c. In every case, the salesman does not guarantee:
- if the material or the defective conception results from the buyer,
- if the fault of functioning results from the intervention made by the customer without license,
- - If the defect in the functioning results from the normal wear of the good, the abnormal use, the carelessness or the defect in the maintenance on behalf of the buyer.
6. Limitation of liability
The salesman does not guarantee the damage of exploitation of the buyer and more generally any direct or indirect immaterial damage.
Of express agreement, between the parts, the liability of the salesman resulting from a defect in the functioning of the good is strictly limited to the previous clauses particularly regarding latent defects.
7. Assembling
Except opposite express condition, the customer is responsible alone for the assembly and for the starting up of the acquired material.
8. Applicable Right
Any commitments and contracts signed by the salesman are subject to French law.
9. Lawsuit settlements
Any litigation susceptible to rise between the parties will come under the exclusive competence of Paris’s international commercial court.