All our sales are made
in accordance with the following general terms and conditions, which
our customers accept notwithstanding any clauses to
the contrary in their own terms and conditions of procurement. Such
clauses may only be disregarded with our written agreement, given
in
advance for each specific case.
1 - PRICE – Given the uncertainties surrounding
the price of raw materials and the specific difficulties in manufacturing
the product between the
date on which the order is placed and the date of completion, we
reserve the right to increase or lower our prices.
2 - LEAD TIME– We make every effort to observe
the lead times we specify. However, regardless of the cause, no
delays in our deliveries will
give rise to any penalties, unless provided for in an explicit specific
agreement made when placing the order.
3 - ORDERS – All price requests will result
in a written quotation from us, and any resulting orders placed
must exactly match the estimate to
which we have committed in the proposed conditions.
Any orders placed without a written estimate will be costed according
to our current price list, and the customer undertakes to pay it
unless
the amount is disputed within 48 hours after receiving the corresponding
order confirmation.
No order cancellations by the customer will be accepted without
prior agreement, and the customer undertakes to pay any expenses
already
incurred by us in cash .
4 - SHIPMENT – Unless specified otherwise,
all our shipments are freight collect, by the least expensive means
of transport.
Even when the shipment is "free of charge" the customer
must pay the difference between the least expensive shipping mode
and the requested
mode. In every case, our goods are sent at the risk of the recipient,
who may only claim against the shipping company in the event of
loss or damage.
5 - INVOICING– Our invoices should be considered
a statement of account. They may only be disputed within a term
of 8 days, after which the
corresponding bill of exchange can be issued.
6 - PAYMENT – For all new customers who do
not already have an account in our books, full payment must be made
up front prior to delivery,
against a pro forma invoice. Generally speaking, unless agreed otherwise,
our invoices are payable by bill of exchange 30 days from the
end of the month of shipment, with no discounts applicable for early
payment. We reserve the right to draw these instruments after prior
acceptance,
which may not be refused.
Any invoice not paid by the expiry date shall incur interest at
a rate equal to one and a half times the legal interest rate (Act
of 31.12.92).
7 - WARRANTY – Our goods are guaranteed against
all constructional defects or defects in materials, but our liability
is limited to a period
of six months after delivery. Moreover, our liability only covers
the replacement of parts acknowledged as defective, with the additional
condition of said parts having been used and maintained under normal
operating conditions.
We will not accept liability for any incidents that occur while
using our products if we were not consulted during the design process
regarding
the uses for which said products were intended. We refuse liability
if we were not clearly informed of the technical qualities relating
to these
uses and did not accept them within the tolerance ranges of the
standards in force.
8 - SAFETYE – In every case, when our supplies
are included in an existing assembly or one that is in design, it
is up to our customers
to make sure that the entire facility complies with current safety
standards.
9 - RETURN POLICY – We will only accept returns
of goods when the return has been previously accepted and is sent
to us "FREE OF CHARGE"
to our address or to the station of St Chamond.
10 - TOOLS– Tools are always invoiced with
the first supply of parts for the production of which said tools
were created. The prices
specified only represent a part of their value. They remain the
property of the customer in our plants. We formally undertake to
maintain
them correctly. However, in no case may they be removed from our
workshops.
11 - JURISDICTION– In the event of a dispute,
the Commercial Court of St Etienne will be awarded sole jurisdiction.
The instruments created by us or the use of an exceptional payment
method do not provide novation or dispensation from this jurisdiction
clause
12 - RESERVATION OF TITLE– Ownership of the
goods sold will only be transferred upon full payment of the price
of the invoice issued,
pursuant to the provisions of the Act of 12 May 1980 on the application
of the clause of reservation of title.
In the event of payment by cheque or bill of exchange, payment will
only be considered complete once the instrument has been cashed.
The present provisions do not prevent the transfer of risks, which
takes place as soon as the goods are handed over to the shipping
company.
The customer undertakes to protect all goods sold with reservation
of title against any risks until the price has been paid in full.
In the event of failing to pay by the agreed due date, the products
must be returned immediately at the expense of the customer.
The customer must make sure, until ownership has been transferred,
to store the products correctly in their original packaging and,
in every case, that they can be identified.
The customer will be required to oppose, by all legal means, any
claims that any third parties may attempt to bring.
The customer must inform our Company immediately in order to safeguard
its interests
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