Last updated February 23, 2024
I – CATALOGUES:
Catalogues, specification sheets, brochures, leaflets, ads and even presented material of our company may not be considered as firm offers (quotations) of models described or represented.
We reserve the right to make any technical or aesthetic modifications to our models, at any time, that we deem useful, without being required to make said same modifications to equipment previously delivered or being delivered.
II – ORDERS:
Orders must indicate the exact names of our offers (quotations), catalogues, brochures, price lists or drawings.
We shall accept no responsibility for non-observance of this clause and all return and reshipment expenses of goods shall be borne by the customer.
Orders received shall only be definitive for our Company after acceptance and written confirmation on our part and subject to the receipt of necessary licenses in the event of curtailment and collection of advances stipulated in the paragraph headed “Payment”.
III – SPECIAL ORDERS:
Design expenses required by special orders shall be borne by the customer who may not, however, avail of any design ownership right. Said right shall continue to belong to the Company in all circumstances.
The tools manufactured especially for a determined customer shall be covered by a specific invoice and remains at the customer’s disposal in our Company’s workshops but may under no circumstances leave our workshops. We reserve the possibility to buy said tools back at any time at the invoiced price, minus depreciation and wear.
IV – PRICES:
Our prices are net, excluding VAT for goods collected in our workshops or warehouses. Packaging, transport, customs duties, etc. are not included.
Our prices are firm and may only be modified by the application of our revision formulas attached to our offers (quotations) or by our standard rates, the applied price being the one in force on the day of delivery. No modification of our prices concerning an order may be requested from us, whatever the reason. In the event that technical modifications to supplies are requested by the customer at a later date, said modifications shall be covered by an amended quotation drawn up by us in the standard terms stipulated above.
Our Company shall only be bound by the return of a firm offer (quotation) established on headed paper of our Company.
V – PAYMENT:
5.1 Advances upon Order:
Detailed terms of payment will be communicated at each offer (quotation) and will be specified again in our order acknowledgement of receipt.
Advance payment specified in the offer will be required upon acceptance of the order. Should we duly accept a cancellation of the order, we shall automatically keep said advance by way of minimum compensation and subject to any other compensation that may be required if the loss is more significant.
It must be made by credit transfer.
5.2 Payment of invoices:
The invoice amount is payable in cash once the equipment project milestone is reached, or the spare part is delivered or the service performed, unless otherwise expressly agreed between the parties. The courts of our head office shall have sole jurisdiction in the event of dispute. Our drafts, acceptances of payment or free shipment shall not operate any substitution or dispensation of this attributive clause to jurisdiction.
In accordance with the article L441-10 of the French Commercial Code, any delay in payment shall automatically call for a delay interest equal to the most recent refinancing rate of the European Central Bank increased by ten points.
Any client having not paid invoices on the due date will be required to pay all future invoices before delivery.
Should the purchaser fail to pay the amounts due (including advances and down payments) in time, the contract shall be terminated automatically without notice to pay simply as a result of the ascertainment made by our Company of said failure to pay and denouncement of said ascertainment and declaration of termination which shall be made by our Company to the customer. Our Company shall retain its rights to claim compensation for the loss endured by said termination and further to defaulting deliberation of the customer.
If our Company does not terminate the contract or for as long as our Company does not do so, the debtor will automatically owe fines due for not observing the payment date.
The contract shall be terminated automatically and as indicated above in the event of non-payment of said fines.
Any invoice not settled at the due date by a customer should imply that the future payments are to be paid cash before shipment.
VI – DELIVERY TIMEFRAMES:
The delivery timeframes stipulated on our price deliveries or acknowledgement of order receipts are purely and simply for information only and do not constitute a firm commitment on our part.
If, under exceptional circumstances, the delivery timeframes have been accepted contractually by us and said timeframes can no longer be kept, there will automatically be a substitution of timeframes in the following cases:
a) Non-payment of one of our invoices or fines by the agreed date, whatever the reason,
b) Non-payment by the agreed date of an advance or down payment requested by us,
c) When the execution of the order requires the use of a supply material whose rarity and difficulty of getting hold thereof is stated by the specialist press, except if the customer provides us with the means of obtaining said material within the allotted time and in sufficient quantity,
d) In the event of a delivery delay by a supplier imposed by the customer,
e) In the event of modification of the initial terms of the order,
f) In the event that the execution of the order requires additional specifications or a technical agreement from the customer that will not reach us within the allotted time,
g) In all accidents or acts of absolute necessity in the same way as in the event of fire, flooding, power failures, strikes, war at home or abroad, popular uprising, lock-out, epidemics, transport interruption, shortage of raw materials, accidents and any events bringing about the unemployment of all or some of our workshops.
VII – SHIPMENTS:
Our shipments are made carriage forward and packaging and transport means are always invoiced in addition.
Our goods are shipped at the own risks of the addressee for carriage forward and carriage paid. From their shipment and even for carriage paid shipment, the purchaser shall assume the risks of loss and deterioration and it shall be his sole responsibility to take action against carriers in the event of delays, damage or losses upon delivery.
If shipment is delayed, for whatever reason outside of our control, and if we agree thereto, an agreement may be made with the purchaser to store the equipment ourselves and from the date of their availability. All risks shall remain the purchaser’s responsibility.
A shipment delay for a reason out of our control shall not modify in any way the payment obligations for the supplies, accepted by the purchaser, and shall not constitute any substitution for payment timeframes in particular.
VIII – CLAIMS AND RETURNS:
No equipment shall be returned to the Company without the latter’s written consent and without sending beforehand a decontamination or non-contamination certificate.
Claims for return of equipment may only be considered if they are made within eight days of effective receipt of the goods and include the statement of grounds for the refusal or claim.
Claims and credit note requests must always state the date and number of the delivery slip or invoice on which the articles concerned were stipulated.
The goods returned must be sent to the shipment warehouse free of all duties and the packages must bear the customer’s name clearly.
In the event of an acknowledged defective delivery, our liability shall be limited to the pure and simple replacement of the part recognized as defective.
Credit notes for returned goods shall only be issued in writing after receipt, verification and acceptance of said goods, minus the amount for workshop packaging and carriage expenses.
In the event of a dispute of the quantity, only a credit note drawn up by our Company shall constitute a liberating power for our customers.
For returns from abroad, please specify on the statements to carriers: “Return of French goods, exemption from customs duties”. Failure to do so will result in the customer bearing all expenses.
IX – WARRANTIES:
Our equipment is guaranteed for a period of twelve months as from shipment, against any construction or material defects.
With express agreement, our warranty is limited to the pure and simple exchange of parts, equipment or materials returned free of charge to our warehouses and acknowledged as defective by our technical department. Any other claim for whatever reason, particularly for loss and damage of any kind that the use of our equipment may cause, is strictly excluded from said warranty.
Exchanges of parts made on the basis of the warranty may not extend the period thereof.
The warranty does not cover parts that wear down with normal use. Moreover, the warranty shall not cover and, in particular, we shall not be liable when:
1) The original parts are replaced by imitations or parts not supplied by our Company,
2) The equipment has been transformed or modified without our prior written consent,
3) The equipment has experienced deterioration due to negligence, poor use or poor upkeep,
4) The equipment is incorporated into a set or an installation without respect of the specifications or recommendations indicated in the equipment documentation, the user manual and in project documents (exchange of letters with the customer project manager, reports, …)
5) Our warranty does not cover appliances (pumps, valves…), accessories and instruments clearly marked with a supplier’s brand and which are directly subject to the warranty of this supplier from the delivery date at the Company.
X – INSURANCE OF PERSONNEL:
In the event of an accident arising at any time, our liability is strictly limited to our own personnel and supplies.
XI – COMPETENCE AND GENERAL POINTS:
With express agreement, the courts of our head office, excluding all others, shall have sole jurisdiction for any disputes arising relative to our supplies and the interpretation or execution of our contracts, notwithstanding any clauses to the contrary of the purchaser, for which the simple fact of having placed an order with us shall require compliance on his part to said attributive clause of jurisdiction as well as to our terms fixed by the articles above and renunciation, if necessary, of his own clauses and terms whatever they may be.
XII – OWNERSHIP RESERVE CLAUSE:
The Company shall expressly reserve the right to ownership of goods, supplies or appliances delivered until full payment has been made of the price.
The Company shall also reserve the right to claim the price or part thereof of said goods which would not have been paid by simple registered letter with acknowledgement of receipt, sent to the customer.
Notwithstanding said reserves, responsibility of the product sold shall be transferred to the purchaser upon delivery along with all risks.
Addition for a customer seeking to resell: In the event of resale by the second purchaser of the product sold, said purchaser shall undertake either to pay to the Company the outstanding amount immediately or to include it in his own sale, with an ownership reserve clause expressly stipulating the rights belonging to the Company.
XIII – PREVAILING TERMS:
If there is conflict or inconsistency between any of the provisions of these terms and conditions or of the offer (quotation) made by us on the one hand, and any of the provisions of a signed written agreement between us and a client on the other hand, the provisions of such terms and conditions or the offer will govern and supersede the conflicting or inconsistent provisions of these.
Client’s acceptance of the offer and these terms and conditions may be in writing, email, fax, EDI, or other manifestation of acceptance such as, but not limited to, through client’s making any payment pursuant to the offer. Except to the extent expressly accepted in writing by us, we hereby affirmatively reject any different or additional terms and conditions proposed by client or contained in any acknowledgement, purchase order or other form of client.