- Nos Filiales
Article 1 : General clause
Our sales are submitted to the present stipulations which prevail on all specific sales conditions unless we formally and expressly agree differently.
Article 2 : Confidentiality
The studies, blueprints, drawings and documents delivered or sent by us remain under our ownership. They can therefore not be transmitted to a third party for any reason by the buyer.
Article 3 : Formation of the contract
Our estimates are to be regarded as specific sales conditions in complement or addition of the present common stipulations. Any specific request from the buyer will only be considered as positively accepted when approved in writing by us. This approval shall be regarded then as specific sales conditions.
Article 4 : Delivery/transport
Unless the parties specifically agree otherwise, the delivery is considered as completed in our factories or stores. If this delivery is to be delayed for a reason beyond our control, it is to be considered as completed at the right time. The buyer bears the costs and the risks of the transport of the sold goods after delivery.
Article 5 : Ownership transfer
The seller remains the owner of the sold goods until the actual payment occurs, in its entirety for the principle and the accessory. The seller is allowed to demand the restitution of the sold goods if the buyer misses any of his payment deadlines. Notwithstanding these provisions, the risk of loss, damage of the sold goods are well as the risk of the damage these goods could cause bears on the buyer after the delivery has occurred.
Article 6 : Price / payment conditions - penalties
The prices are stipulated excluding VAT ; their nature (firm or subject to review) and their amount is mentioned in the specific sales conditions. The dates of payment are mentioned on our invoices and must be respected. If any of the payment deadlines is not respected all the delayed payment will become immediately due. The buyer will automatically be inflicted a penalty consisting in the application of an interest rate 1,5 times higher than the legal interest rate on the total amount reminding due to the seller.
Article 7 : Warranty
The goods sold are warranted free from any defect caused by a flaw of the material, by a default in manufacturing or in design under the below-listed conditions :
The defect shall be detected in a period of 4 month starting at the delivery date. The use of the good must be in accordance with the order.
The warranty is excluded :
- if the defective material or design has been supplied by the buyer
- if the defect results from an unauthorised intervention on the good
- if the defect results from the fair wear and tear of the good or from a negligence or a default of maintenance by the buyer
- if the defect results from force majeure circumstances.
According to this warranty, the seller will replace for free the elements declared defective by his technicians. The warranty covers all the costs of workmanship for dismantling and reassembling of the goods. The replacement of the elements does not result in a prolongation of the above stated period. If the expedition of the good is delayed for a reason beyond the control of the seller, the starting point of this period is postponed. The period cannot be postponed more than one month..
Article 8 : Automatic termination of the contract
In case of non-fulfilment of his obligations by a party, the present contract will be automatically terminated to the benefit of the other party notwithstanding damages that can be demanded to the failing party. The termination will be automatically enforced 15 days after a formal demand has been send and remains unresponded.
Article 9 : Settlement of disputes
Any dispute regarding the sale, even if there are more than one defendant, will be, in a conciliatory agreement cannot be found, ruled exclusively by the commercial court under the jurisdiction of which the seller has his place of residence.
Article 10 : Place of execution and of jurisdiction
The selling company elects domicile at its registered office. In case of contention regarding the price, the enforcement of the sale agreement or the interpretation or enforcement of the above listed clauses, the dispute will be ruled by the Commercial court of Nanterre (Hauts de Seine) irrespectively of the place of delivery, the method of payment and even if there are more than one defendant.