GENERAL SALES CONDITIONS

1. General clause

Our sales are subject to the present general conditions which prevail over any purchase condition, except formal and express derogation from our part.

 

2. Confidentiality

Studies, plans, drawings and documents remitted or sent by ourselves remain our property: They therefore cannot be communicated to a third party by the buyer under any motive.

 

3. Contract formation

When a quotation is issued by us, it constitutes the particular conditions modifying or completing the present general conditions. In case of order received from the buyer, it will be considered as definitely accepted by us only after written acceptance from our part. It is this acceptance which in this case will constitute the particular conditions.

 

4. Deliveries ‑ Transport

Except contrary stipulation, the delivery is reputed made in our factories or stores. If this delivery is delayed for a reason beyond our control, it will be reputed having being made at the agreed date.

Except contrary stipulation, it is the buyer’s responsibility to insure transport charges and risks of the sold goods, subsequently to delivery.

 

5. Claims

Any claim regarding quantity or invoicing must be made in writing within 8 days. After this time-limit, no claim can be taken into consideration.

 

6. Ownership reservation

The seller keeps the ownership of the sold goods until the effective payment of the entire price in main thing and accessory. The failure to pay one of the terms can lead to the recovery of the goods. These provisions do not impede the transfer to the buyer, of the risks of loss and deterioration of the sold goods as well as of the damages they might cause, from the delivery.

 

7. Price – Payment conditions – Late payment charge

Prices are stipulated tax not included; their nature (firm or revisable), their amount are specified in the particular conditions.

Except contrary stipulation, prices are payable at 30 days date of invoice.

In default of payment at maturity and as penalty clause in pursuance of the modified law 92-1442 dated 31st December 1992 calculated by application of an interest rate equal to 1.5 time the legal interest rate to the integrality of the due sums.

Payment before due date: No discount will be applied for a payment made before due date.

 

8. Guarantee

The sold goods are guaranteed against any functioning fault coming from a default of material, manufacturing or design under below conditions. The functioning fault must appear within a 2 month period from the delivery for a use of the goods as defined in the order. The guarantee is excluded:

 

  • If the defective material or design comes from the buyer;
  • If the functioning fault is the result of an intervention on the goods made without authorization;
  • If the defective functioning comes from the normal wear of the goods or from a negligence or a maintenance default from the buyer;
  • If the defective functioning results from force majeure.

By right of guarantee, the seller will replace the parts admitted defective by their technical departments at no charge. This guarantee does not cover labour charges nor those resulting from following operations: Dismantling, reassembling, transport on site.

The replacement of parts does not lead to extend the duration specified in the above paragraph. In other respects, if the shipment of the goods is delayed by a reason beyond the seller’s control, the start point of the guarantee period is postponed without exceeding 1 month.

 

9. Return

The buyer does not accept any return with prior agreement of the Sales management.

Only returns of products listed in the current catalogue and in their original packing, freight prepaid will be authorized. Any return freight collect will be systematically refused. For any return, credit notes will be issued with a 20 % deduction of the invoiced price for costs of putting back in stock.

 

10. Ex officio determination clause

In case of non-fulfilment of their obligations by a party, the present contract will be cancelled ex officio for the benefit of the other party without prejudice to damages which could be claimed to the defaulting party.

 

11. Dispute settlement

In default of amicable settlement, any dispute relative to the present sale, even in case of appeal in guarantee or of plurality of defendants, would fall within the exclusive competence of the commercial court in the jurisdiction of which are the seller’s premises.

 

12. Recycling of electrical and electronic equipments supplied by the seller

The disposal charge of electrical and electronic equipments at the end of their working devolves on the buyer.