TERMS & CONDITIONS
Terms of Sales
1. GENERAL CLAUSE
Our sales are subject to these general conditions which prevail over any condition of purchase, except formal and express derogation on our part. Our offer is based on the daily prices of our suppliers and may vary according to and on the date of change in their prices.
2. ORDERS
The buyer is required to verify, when he has an estimate drawn up on the plan, the quantities and the surfaces on his site within 48 hours. No modification or cancellation of order can be accepted after this period.
Orders for non-stocked materials will only be registered on the written and irrevocable order of the customer with payment of a deposit. We reserve the right, however, to notify it within eight days of receipt of the order that we do not intend to accept it, in which case it will be deemed void. Our Company is only bound by the commitments made by its representatives or employees subject to written confirmation from itself.
3. MODIFICATION OF THE ORDER
Any modification or resolution of the order requested by the customer can only be taken into consideration if it is received in writing before the products are loaded at the factory. If our Company does not accept the modification or resolution, the deposits paid will not be refunded, notwithstanding compensation for any damages related to non-performance.
4. DEADLINES
All our delivery times being given without guarantee, any delay cannot engage, in any way whatsoever, our responsibility.
5. DELIVERY - TERMS
Delivery and unloading by crane truck: The buyer is required to take all measures so that the delivery vehicle can reach the place of unloading safely and without risk. Unloading is done using a crane, the deliverer will deposit the pallets as close as possible. Under no circumstances will the deliverer open the pallets in order to enter the packages by hand.
Pallet lift tailgate unloading delivery: The buyer is required to take all necessary measures so that the delivery vehicle can reach the place of unloading safely and without risk. The unloading of the pallets is done using a manual pallet truck, the deliverer will deposit the pallets as close as possible to accessible on a flat and stable ground supporting the weight of the pallet. Under no circumstances will the deliverer open the pallets in order to enter the packages by hand.
In the event that the street of the place of delivery is subject to a traffic limitation, an authorization must be requested by the customer from the town hall of the place of delivery. The customer must send it to us no later than 3 days before the delivery date.
The delivery does not include the installation of the products.
6. DISCOUNTS – PENALTIES
In case of advance payment, no discount will be granted. For any payment occurring after the agreed deadline and the reference deadline, a penalty calculated pro rata temporis will be applied at an interest rate equal to three times the legal interest rate, (law 2008-776 of 04/ 08/2008 applicable 01/01/2009), without a reminder being necessary.
7. DEFAULT OF PAYMENT
In the absence of contrary stipulations, orders are payable in cash on the day of invoicing, net without discount. In the event that split payments have been agreed, failure to pay at the end of a single installment shall immediately render payable the entire balance remaining due on the order in question as well as what may be due on other orders, all without the need for any formal notice. The agreed place of payment is exclusively, whatever the method, our Head Office. In accordance with the law since 01/01/2013, in the event of late payment, application of a penalty equal to the rate of interest in force to which is added a fixed compensation for recovery costs of 40 euros. The damage of the costs and expenses of recovery will be charged to our customers in the event of subsequent proceedings, as a penalty clause.
8. RETENTION OF OWNERSHIP
Our Company reserves the right of ownership of the goods delivered until full payment of all supplies due. (Law of 05/12/1980 and taken over by article 121 of law N° 85/98 of January 25, 1985).
Failure to pay any of the installments may result in the claim of all the goods delivered or taken to our warehouse.
To claim to take advantage of this clause, it will suffice for our Company to make known its formal desire to have the goods returned by a simple registered letter with acknowledgment of receipt addressed to the buyer, or possibly to his trustee. It is nevertheless expressly specified that the buyer will be responsible for the goods placed in his hands as soon as they are physically handed over, the transfer of possession entailing the transfer of risks for which all insurance must be taken out.
9. DISPUTES – JURISDICTION
In the event of any dispute relating to a supply or its payment, the Courts of Avignon shall have sole jurisdiction.
10. ACCEPTANCE – TOLERANCE
The qualitative reception is pronounced in our warehouses. In any event, it is deemed to have been made when the goods are loaded onto the first means of transport. The products are supplied with the usual tolerances. Standardized products are supplied in accordance with NE or EN standards for
the non-apparent characteristics and these alone, the buyer has a period of two working days from the removal or receipt to request checks to be carried out in accordance with the test standards in force. The costs of these checks are borne by the purchaser if the results are compliant. During the duration of the checks, the buyer will have custody and responsibility for the goods.
Except for certain types of products subject to contrary stipulations on our part on this point, the characteristics specific to the raw materials used in the manufacture do not make it possible to guarantee the uniformity of tone in the same manufacture and over time, both both for natural colored products and for artificially colored ones. We cannot be held liable for this reason.
All complaints must be made within 48 hours of delivery or collection of the product from our warehouses, these complaints not dispensing with the obligation to pay the invoices when due, but giving rise in the event that the complaint be based on the establishment of a credit.
11. WARRANTY
In the event of non-conformity of the goods, either in quality or in quantity, any return of goods will be inadmissible without our agreement and any complaint will be inadmissible if it is not formulated upon receipt and confirmed immediately in writing. Our Company is only required to replace the goods recognized by it as non-compliant, the assumption of costs of any kind being excluded. And in the event of any defect, the customer must take the necessary precautionary measures.
Hidden defects in goods sold to professionals are only guaranteed if they have normally been detected during our checks.
Latent defects of goods sold to non-professionals are guaranteed under the terms of articles 1641 and following of the Civil Code.
In both cases, the warranty against hidden defects will result either in the repair of the defective part, or in the replacement of it. Parts that have been replaced free of charge become our property.
Repairs made under this warranty may result in an extension of the original term of the contractual warranty granted for the product in question. We are never responsible for consequential damages, such as operating loss or delay compensation, etc., nor for damage resulting from handling, storage or implementation of our products that does not comply with the rules of the art, to the DTU Cahier des Prescriptions Techniques or to the installation prescriptions in force on the day of the order. Any repairs carried out without our agreement will result in the exclusion of our liability. It is specified that if our staff is called upon to intervene on a construction site, it can in no way be a substitute for the various participants in the act of building (masters of works, architects, prime contractors, etc…) because our Company is neither qualified nor approved for this purpose. The provisions of this article V do not apply to products designated or invoiced as “downgraded” or “second choice” products, these products not being the subject of any guarantee.
12. RESPONSIBILITIES
Our Company declines all responsibility for any problems that may arise as a result of the defective implementation or application of any product sold by it when the buyer has not expressly submitted a written request for information on the implementation or the application of the said product or that he will have carried out an erroneous assembly, a defective maintenance or an abnormal use.
Whatever the destination of the equipment and the conditions of the sale, the delivery is deemed to be in the stores of our Company. Consequently, all transport operations, insurance, handling, etc., brought to work are at the expense and expense, risk and peril of the buyer, who is responsible for checking the shipments on arrival and to exercise, if necessary, recourse against the carriers, even if the shipment was made free.
13. STORAGE
After a period of 15 days after the goods have been made available in our warehouse, we reserve the right to apply storage costs at the rate of 5% of the total amount of the order per month of storage.