General terms and conditions of sale

Application

Our sales are subject to the present general terms and conditions which prevail over any other conditions, including purchasing conditions. Exceptions are only applicable with our prior written agreement.

Order reception

The orders become final when they are accepted by our care. The profit of the order is personal to the buyer and cannot be conceded without our agreement.
The English version of our general terms and conditions of sale are a translation of the French original. The latter prevails over all.

Delivery dates / Deliveries

Unless otherwise specified all our deliveries are made Ex-Works.
The delivery dates are indicated as exactly as possible, but are a submitted to the availability of products and/or of transport.
The non-respect of delivery dates cannot give place to any payment of damages or interests, discount, nor cancellation of the outstanding or- ders.
However, if one month after the indicative delivery date, the product was not delivered, for a cause not attributable to the buyer, the sale can be cancelled at the request of either party ; the buyer can obtain refund of his deposit with the exception of quite other compensations or any dam- ages and interests.
If the transport is at the cost of (organised by) the buyer, for lack of removal, the vendor can take any necessary measure to store the goods at the expense of the buyer, or proceed to the delivery after formal notice to the buyer to pick-up the goods.

Force majeure

The vendor is not responsible in case of "force majeure" or events such as fire, natural disasters, interruption of energy, raw material or spare parts supply as well as complete or partial strikes hindering the correct working of the company, such as transport or postal service strikes. Any incidence in case of "force majeure" will result in suspension of the contractual obligations of the vendor. The latter, whenever possible, will inform the buyer of these events within opportune time.

Delays to delivery will not oblige the vendor to compensate any damages, indemnity or penalty unless otherwise stipulated and included in the specific conditions.

Transport

All products sold travel at the risk of the buyer, whatever the choice of transport or the terms of payment of transportation cost and conditions, Free House or Ex-Works.
If receiving damaged goods, the buyer will have to verify carefully the condition and the quantity, specify on the transport documents the ob- servations of damages in a clear, precise and comprehensive way, notify the claim to the carrier by registered letter with recorded delivery with- in two (2) days of the reception of the goods.

Price / Payment terms / Late payment penalties

Our prices are established on the basis of the price lists applicable at the date of order excluding VAT.
A minimum amount for orders is fixed at 150 € ; if the value of the goods does not reach this amount, a supplement will automatically be in- voiced.
Unless otherwise stipulated, our invoices are payable in advance; early payments do not open to discounts except specific prior written agree- ments.
Any delay in payment will, by full right and without preliminary formal demand, lead to the charge of an late-payment penalty at 3 times the legal interest rate. In case of non-payment of the charged penalties, the buyer will lose any granted discounts for as much as the penalty's amount which is due to the vendor.
In case of non-payment in due time, all other outstanding amounts, regardless the initial payment term, become immediately due for payment and without any formality. Our company reserves the right to cancel any outstanding orders or to suspend their execution until complete pay- ment of the total amounts due.
In case of spread out payments, the non-payment of a single term entails immediate payoff of the all other outstanding invoices.
In case of staggered deliveries, the non-payment of one delivery entails for the vendor the right of retention on the outstanding deliveries.

Transfer of ownership

The vendor conserves ownership of the sold goods until effective payment of the full price in principal and contingent charges. The buyer who will be in possession of the goods, because of the delivery, cannot thus dispose of them in any way before the complete payment of the price. It is however stipulated that, in spite of the property reserve, the buyer will bear the responsibility of the risks in case of loss or deterioration oc- curring between the despatch of the goods and the complete payment of the price and he will subscribe for that purpose and at his expense the corresponding insurances.

In case of late payment, the vendor reserves the right to take back the delivered goods, at expenses and at risks of the buyer. The return of the goods can result either of a formal demand by recommended letter, or a bailiff's notice.

Claims

Without prejudice measures to be taken towards the carrier, any claim must, in order to be valid, be accompanied by the justifications demon- strating the reality of the defects and the non-compliance of the delivered product and sent to our company within five (5) clear days as from the reception of the goods and must be accompanied with the delivery bill. In the absence of these justifications, no return of goods will be accepted by our company. The latter is totally free to refuse any unjustified complaint.

In case of acceptance of our part of a claim or in case of involvement of the guarantee, the compensation of the buyer will be limited to the replacement, the number by number, of the products in question or against its original value.

Return / Terms

Any return of product has to be the object of a prior written agreement between the vendor and the buyer. Any product returned without this agreement cannot give place to the establishment of a replacement or a credit note.

Competence / Appeal

Any disputes relative to the execution or to the interpretation of these conditions will be the competence of the Commercial Court of CLER- MONT-FERRAND, including in case of summary judgement, of guarantee appeal or of holder's plurality.
The law applicable to the present terms and conditions is the French law.

The English version of our general terms and conditions of sale are a translation of the French original. The latter prevails over all.