General Terms and Conditions
Our general terms and conditions of sale have been made known to our customers.
Responsibility for orders
Orders are only valid after our acceptance. They imply full acceptance of our general and special terms and conditions of sale and other provisions of our price list and cancel any different or contrary clause appearing on the documents or correspondence of the customer.
The customer is responsible for setting his own prices.
In the event of defective goods, we are only obliged to replace these goods, to the exclusion of any other guarantee. To be taken into consideration, complaints must be addressed to us within three months of the date of delivery (or bill of lading for maritime exports).
The products are supplied at the price in force at the time of delivery. Our prices are for standard packaging. All special services as well as all special interventions of our logistic service will be invoiced according to an annually revisable scale.
Except for special conditions, payment will be made without any deduction or compensation whatsoever, at thirty days end of month, date of delivery by check, bank transfer or domiciled draft. Unless otherwise agreed, no discount is granted for cash payment.
Delay or default of payment
In the event of late payment, the seller may suspend all orders in progress, without prejudice to any other action.
Any sum not paid on the due date will automatically give rise, after formal notice not followed by effect within forty-eight hours, to the payment of late interest at the legal rate plus 50% per month. The interest shall run from the due date until payment. A 30% penalty clause will also be added to the initial amount, without prejudice to the legal interest and any legal costs that may be incurred for the recovery of the debt.
Retention of title clause
It is expressly agreed that we shall retain ownership of the goods until full payment of their price in principal and interest, the submission of a bill of exchange or any other instrument creating an obligation to pay not constituting payment of the delivery. In the event that payment is not made within the period agreed upon by the parties, the seller reserves the right to take back the goods delivered and, if he so wishes, to terminate the contract.
However, as soon as the goods are delivered, the buyer will become responsible for them. The buyer therefore undertakes to take out an insurance policy covering the risks of loss, destruction or theft of the above-mentioned goods.
Return of goods
The sales are firm and the company does not accept any return of goods, except express and exceptional agreement in writing.
Signing of delivery notes
The buyer is expressly invited to indicate on the delivery notes, his agreement or disagreement on the quantities delivered, as well as the date and time of receipt.
The delivery notes must be signed and the company’s commercial stamp must be affixed.
In the absence of one or more of these elements, the delivery will be deemed to have been made on the date and time mentioned by the carrier for the quantities indicated on the delivery notes.
In the event of difficulties in the execution or occasion of our agreements, all disputes, whatever the object, will be under the exclusive jurisdiction of the commercial court of the place of our head office, even in the event of stipulation to the contrary on the letters or invoices of our customers, as well as in the event of call of guarantee or of plurality of defendants. In all cases, only French law shall apply.
The above clauses are applicable to export sales, as well as the following clauses.
The delivery dates set out in the acknowledgements of receipt are only indicative and we cannot be held liable for compensation, cancellation etc. …. for late delivery.
In the case of C & F or C.A.F. sales, the shipment will be carried out by the organization of our choice, according to the possibilities of obtaining freight from the date of delivery at the port: any delays in shipment cannot engage our responsibility.
The insurance is at the expense of the customer
All our export sales are governed by the provisions of the “INCOTERMS 1990”, except where otherwise expressly stated.
We may request cash payment if the customer cannot be covered by a credit insurance company or refuse delivery.