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In accordance with French law no. 80335 of May 12, 1980, the goods remain the property of the seller until effective collection of the sums due and the additional charges stipulated in the present conditions. The purchaser must store goods not yet fully paid for in such a way that they cannot be confused with other goods, and thus remain identifiable within the meaning of the law of May 12, 1980 and article 121 of the law of January 25, 1985.
Goods may be repossessed by simple summons in the event of non-acceptance of bills of exchange or non-payment on their due date, or in the event of judicial settlement or liquidation of the purchaser’s assets. Any postponement of the due date is automatically subject to this retention of title clause. The resale, pledging or transfer of ownership by way of security of equipment not paid for in full is forbidden, and any such actions are liable to legal proceedings against the persons who have carried them out or endorsed them.
If the buyer files for bankruptcy, the seller reserves the right to reclaim the equipment sold, whether or not it has been used, if it has not been paid for in full by the due date.In the event of insolvency proceedings, the purchaser must ensure that the trustee is able to preserve the goods. These provisions do not preclude the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause.
Where the price is payable in instalments, non-payment of a single instalment will render the entire price payable. In the event of resale of all or part of the goods, the purchaser must immediately pay the seller for all the equipment delivered. In the event of non-payment by the purchaser of the equipment sold, late payment penalties are payable on the day following the payment date shown on the invoice, without the need for a reminder. The interest rate for these penalties is specified on the invoice. The seller may request payment guarantees from the purchaser at any time, for example in the form of advance payments. In the absence of such guarantees, the seller will be released from its commitments.
In the event of non-payment for the equipment sold, and in addition to taking back the equipment, an indemnity of 9% of the invoiced price will be invoiced for each month elapsed between collection and return. Any delay or modification made by the purchaser to the initial terms of payment shall render due, immediately and by operation of law, payment of all sums owed to the seller, even if these sums have already given rise to bills of exchange. In this case, the seller also has the right to suspend or cancel all current sales, ipso jure and without formal notice.
Our offers are only binding if confirmed in writing. Quotations constitute an offer, the validity of which is limited to 30 days. Unless otherwise stipulated, our prices are exclusive of VAT, for unpacked, truck-loaded goods, ex-warehouse. In the absence of any clause to the contrary, invoices are payable in cash. Prices may be increased in the event of variations in raw materials, economic conditions or special circumstances not provided for in the order. Consequently, any change in the order, nature or delivery schedule of the supplies specified in the initial quotation will be subject to additional invoicing.
The seller always retains ownership of its studies. They may not be communicated to a third party, nor executed without the seller’s express authorization. The seller may, at any time, request the return of his studies.
Unless otherwise stipulated, delivery times are given as an indication only. Delivery times are subject to actual availability on the day of delivery. Transport times are given as an indication only.
In the event of delay, the seller shall not be liable for any compensation or cancellation of order, as the carrier is always considered to be the customer’s agent.
Unless otherwise stipulated, deliveries or shipments are always made carriage forward, at the expense and risk of the consignee. In the event of delay or damage, the consignee may only take recourse against the carrier at his own risk. Should the carrier be unable to deliver the goods for any reason beyond the seller’s control, the customer will be liable for all transport costs.
No complaint concerning the condition of the material or quantities will be accepted unless it has been notified in writing, on the delivery note, on arrival of the goods at the destination indicated on the delivery note. Claims under warranty or for latent defects must be made within 6 months of the delivery date.
The seller’s direct or indirect liability is expressly limited, at the seller’s discretion, either to the replacement of goods found to be defective, or to the reimbursement of the price actually paid by the purchaser, to the exclusion of any payment of compensation on any grounds whatsoever.
In the event of force majeure, such as war, strike, interruption of transport, shortage of raw materials or any serious accident halting or reducing production, all our commitments are automatically waived. In all cases, material travels at the purchaser’s risk. From the moment of dispatch, the risks relating to the goods sold are therefore borne by the purchaser, who must therefore insure the goods against all risks which may arise until full payment has been made.
Only the purchaser has an overall view of the work to be carried out with the items delivered. If these items are mixed with elements supplied by another manufacturer, the purchaser assumes the consequences of their integration into the complete structure designed and built by the purchaser. In the case of a mixture of compatible materials, the strength used in the calculations must be that of the least efficient element. Defects and deterioration caused by incorrect assembly or abnormal use of the items delivered cannot be charged to the seller.
In the event of a dispute, the Créteil Commercial Court shall have sole jurisdiction, even in the event of a warranty claim or multiple defendants. In the absence of amicable agreement, this jurisdiction clause takes precedence over all other clauses appearing on customer documents.
