The placing of an order by our customers implies their acceptance of the following sales conditions, which always prevail over their purchasing conditions, unless otherwise written special convention, accepted by us.
These sales conditions are likely to be amended by special conditions.
The tools, plates and moulds, stay the property of our company in any case, whatever the customer participation to the production costs of these tools, plates and moulds is. However, when use in the manufacture of a product which is the exclusive property of the customer, the customer has the exclusive usage of it in our premises.
Our prices are, unless otherwise agreed, mentioned EX-Works our factory.
The prices communicated to the buyer are given duty-free and bind us only for an acceptance within the 30 days following the date of our offer.
The goods are invoiced, unless otherwise stipulated, according to the prices in force on the day of delivery.
We reserve the right to provide the quantity ordered with a tolerance of plus or minus:
- Plus or minus 5% for a quantity ordered greater than or equal to 150 000 pieces ;
- Plus or minus 10% for a quantity ordered from 50 000 to 150 000 pieces ;
- Plus 20% to minus 5% for a quantity ordered from 10 000 to 50 000 pieces ;
- To be negociated for a quantity ordered of less than 10 000 pieces.
Our products are manufactured and delivered to the quality and in conformity with the norms and regulations in force, and within the the usual tolerances in terms of dimensions and colours.
The buyer must ensure that our packagings are conforms to the legal requirements. We cannot be held liable for a use of our supplies non conform to the legal requirements.
We cannot be held responsible for the achievement of a manufacturing requested by our customer, and being under patents, or deposits of models, for which he has not the right to exploit.
Checking the compatibility of our products with our customers’ is under their responsibility. As a result, the buyer has to process the tests that he considers necessary. The tests are carried out under his responsibility even if the seller would provide technical assistance to the buyer in this field.
The following situations are considered as incidentals or force majeure cases, freeing us from our obligation of delivery : fires, floods, epidemics, war, riots, strikes in whole or in part, "lock out", difficulties in getting supplied in raw materials or energy, production incidents, transport disturbtions, or any other event which makes impossible or ruinous the continuation of the productions, or the delivery of the goods.
The availability or delivery terms given are indicative : longer lead times than previously given cannot lead to the cancellation of the order, nor to penalties.
We reserve the right to make partial deliveries, the corresponding transport additional costs possibly resulting of it staying at our charge, if attributable to us.
Delivery will be deemed as effective by the mere fact of the delivery of the goods to a shipper or carrier designated by the buyer or, failing that, chosen by the seller. As a result, the goods always travel at the risks of the buyer and it is under his responsibility to give dated discharge to the carrier only after having got ensured that the goods have been delivered within normal leadtimes, and in good conditions.
To be receivable, claims must be sent in a written form and shall come to us:
- within the 15 days following the reception of the goods, and before their employment, when the buyer invokes visible defects, detectable by a superficial examination;
- within the 45 days following the reception of the goods, when the buyer invokes hidden defects, only detectable after a thorough examination, or after a test.
No claim will be accepted when the delivery will have been carried out within the usual quantitative and qualitative tolerances.
The defective goods will be returned to the sending factories, after agreement of the seller.
When the seller responsibility will have been established, he can only be held for the mere replacement of the goods found defected, without any penalty, the replaced goods remaining its property.
RESERVE OF PROPERTY
The seller retains the property of the goods delivered by him, until full payment of the invoiced price.
In case of non payment at the agreed due date, the return of the goods can be immediately required.
The goods supplied and not paid should appear separately in the stocks of the buyer, as well as in his accountings.
In the event of bankruptcy, Juridical Recovery, or Liquidation, the buyer must notify the seller within a maximum period of fifteen days.
In case of resale or transformation, the purchaser must provide a subrogation claim committing him to sell to the seller all or part of the claims from the sub-buyers; and this, at the value of the goods subject to the reserve of property. This security will be effective against third parties.
Unless oherwise convention, our goods are payable at 30 days from the end of the delivery month by transfer, cheque or bank draft accepted.
The failure of payment of one single invoice, or of one draft at maturity date, as well as the non return, within ten days, of a draft sent for acceptation, makes the payment of all other invoices or other running drafts, being immediately due. It gives us the possibility to require cash payment, before shipment, of any new invoice, and to cancel without penalty and without notice, the orders of the defaulting debtor.
In case of non payment, will be due, in addition of the debt itself, and regardless of other damages and interests that may be due, penalties for late payment at the annual inerest rate equal to the one of the European Central Bank increased by 10 points.
The courts where our head office is located are the only to have the authority to arbitrate a dispute. Nevertheless, our company reserves the right, if it wills, to bring the litigation to any other competent jurisdiction.