GENERAL TERMS AND CONDITIONS OF SALE

INFLATION PRESSURE SHOWN AT 20°C

In the event of a discount being due for early payment as provided for in our order confirmation, this is to be applied to the net invoice total. The amount of VAT you reclaim must therefore be reduced in line with the amount of the discount.
Our goods are sold payable in Paris. Bills of exchange shall not act as novation or exemption to this clause. Disputes shall be subject to the sole jurisdiction of the Tribunaux de la Seine.

This invoice is neither certified nor signed in accordance with Decree no. S.C. 1.030 dated 28/10/58.

ARTICLE 1 - GENERAL

The proposed supply only relates to the equipment specified in the offer.
Acceptance of any of our offers implies acceptance of all the enclosed conditions except for special conditions which have been confirmed in writing, notably those detailed in the offer itself or in ensuing correspondence prior to an order being placed and duly included in our order confirmation, which alone shall constitute the definition of our obligations to our customers.

ARTICLE 2 – OFFERS AND ORDERS

Offers made by our agents are subject to our express approval.
Orders will only be accepted if accompanied by the deposit detailed in the offer.
Under no circumstances can deposits received with orders apply to non-standard equipment which will be invoiced for the part of the order completed.

ARTICLE 3 - PRICES

Unless stated otherwise, all prices included in our offers are expressed ex works and exclusive of VAT and packaging.

ARTICLE 4 - PACKAGING

Packaging costs are invoiced in addition to the goods at the prices shown in the offer and are non-negotiable.

ARTICLE 5 - DELIVERIES

All orders accepted are done so on an ex works basis.
The buyer is permitted to access our storage premises either personally or via his legal agent for the purposes of inspecting and receiving our goods, which are then deemed to have left our premises complete and in good condition: consequently, no claim can be accepted for damaged or missing goods.
Instructions from the buyer to submit goods to a third party, whether to S.N.C.F., a haulage contractor or agent of whatever nature shall free us of any liability. Dispatch is made on a “carriage forward” basis, unless specified to the contrary and duly recorded in our confirmation. Any instance of late delivery or missing or damaged goods shall be duly noted by the consignee on the delivery documentation, prior to accepting delivery and redress be sought from the carrier who shall bear sole liability.
When equipment is destined for export we shall not be responsible for either the customs formalities or the shipment of the equipment.
If dispatch is delayed for any reason outside of our control, equipment shall be stored at the customer's own risk and cost.

ARTICLE 6 – DELIVERY TIMES

Delivery times are supplied for information purposes only. Accordingly, failure to meet such times cannot under any circumstances lead to either termination of the contract or to the payment of damages.

ARTICLE 7 – PAYMENT

Except when stated otherwise in our confirmation, payment is due when the ordered goods are made available at our storage premises.

Failure to make a payment by its due date shall give the seller the right to cancel the agreed payment schedule without prior notice and to demand full and immediate payment of outstanding sums owed by the buyer to the seller under the terms of any contract whatsoever. Moreover, the buyer will be legally subject to a late payment penalty in accordance with Law no. 92-1442 dated 31st December 1992 (modified), which shall be calculated by applying an interest rate of three times the legal interest rate to the total of the outstanding sums.

ARTICLE 8 – RESERVATION OF TITLE

THE PRODUCTS SUPPLIED BY THE SELLER SHALL REMAIN THE EXCLUSIVE PROPERTY OF THE SELLER UNTIL PAYMENT IS MADE IN FULL OF THE PRINCIPAL AND, WHERE APPLICABLE, ANY INTERST DUE (LAW DATED 12th MAY 1980). ONLY THE COLLECTION OF SUMS DUE AND NOT THE SUBMISSION OF THE INSTRUMENT OF PAYMENT SHALL CONSTITUTE PAYMENT WHICH TRANSFERS TITLE TO THE PURCHASER.

HOWEVER, FROM THE MOMENT OF DELIVERY THE BUYER SHALL BEAR THE RISKS OF LOSS, DAMAGE AND DISAPPEARANCE OF THE EQUIPMENT AND WILL THEREBY ASSUME RESPONSIBILITY FOR DAMAGE OF WHATEVER NATURE CAUSED TO OR BY THE GOODS, NOTABLY EVEN IN THE EVENT OF FORCE MAJEURE OR BY THE ACTION OF A THIRD PARTY.

ARTICLE 9 – WARRANTY

The usual duration of our warranty is six months, this period being reduced to three months if the user exceeds nine hours of operation per day, starting from the date the equipment supplied by the manufacturer is commissioned. Commissioning must take place within a maximum period of three months after the equipment has been made available to the customer at the manufacturer's premises. The manufacturer is entitled to request evidence of the commissioning date shown on the warranty request.
Repair or replacement of parts during the warranty period shall not cause it to be extended.
It is agreed that replacement or repaired parts are guaranteed under the same terms and conditions as the original equipment and for a new period equal to the period defined in the paragraph which relates to the warranty period.
The warranty does not apply to damage caused by negligence or a lack of inspection or maintenance. We are not liable for any damage caused by loss of oil or any type of leak.
We cannot be held liable for any accident occurring with any machine fitted with our equipment.
The manufacturer cannot be held responsible for breakdowns, damage or any other failures caused by :
the failure of an item of equipment not manufactured or supplied by the manufacturer.
an intervention of whatever nature, especially repair, maintenance, etc. of the equipment, which is carried out by any personnel not expressly approved by the manufacturer for such interventions.

ARTICLE 10 – TRIALS

Trials are carried out on the manufacturer's equipment once manufacture has been completed in the workshop.
These trials only relate to the manufacturer's equipment specifications and not to any particular customer application.
Special trials or inspections may be requested by the customer and, when these have been agreed to by the manufacturer, the cost of the trial or inspection will be invoiced.

ARTICLE 11 – ON-SITE WORKS

If assembly works are carried out outside of the manufacturer's premises, we will apply the general terms and conditions for assembly within France, as published by the FEDERATION DES INDUSTRIES MECANIQUES ET TRANSFORMATIONS DES METAUX.

ARTICLE 12 – COMPLAINTS AND RETURNS

Complaints are only to be deemed valid if received within 8 days of receipt of the goods.
Returns are only accepted if we agree to them in advance. We must receive them at our premises free of any charges and in the original factory condition.
Goods returned will not be refunded but may be subject to exchange.
Items not belonging to our standard manufactured range can only be returned to us after formal written agreement.
Special equipment manufactured to customer plans can be neither returned nor exchanged.

ARTICLE 13 – NON-WARRANTY REPAIRS

Repair works will only begin once written acceptance of the quote has been received.
If the quote has not been accepted by the customer within one month of it being sent out, costs of dismantling, storage, appraisal and, where applicable, return, whether before or after reassembly, are to be borne by the customer.
If the customer requests repairs to be carried out before a quote is issued, repair works will begin as soon as possible and the customer agrees to accept the cost of these repairs, which will be calculated by the manufacturer in line with established scales.
Repairs are carried out according to best practice but cannot under any circumstances benefit from the same contractual guarantee which applies to new equipment.

ARTICLE 14 – JURISDICTION

FOR ALL DISPUTES ARISING FROM THE VALIDITY, PERFORMANCE OR INTERPRETATION OF THE PRESENT GENERAL TERMS AND CONDITIONS OR OF ANY AGREEMENTS MADE AS PART OF THE SAID GENERAL TERMS AND CONDITIONS OF SALE, JURISDICTION IS EXPRESSELY GIVEN TO THE TRIBUNAL DE COMMERCE DE PARIS.