General conditions of sale

Any order accepted by our company implies the agreement to our general conditions of sale by the buyer.

Contract formation :
When we establish a quotation, it defines specific conditions which can change or complete these general conditions of sale. When we receive an order, it will be considered accepted once the buyer gets a written acceptance from us. In this case this acceptance will constitute the particular conditions.

The guarantee of our supplies remains our suppliers’, it’s specified that the fees, immobilization, the consequences caused to people and goods stays for the user.

Any goods, even sent Franco, travel at the own risks of the recipient who has to exercise his recourse against the carrier in case of missing goods, loss, damage or delay. In case of damage, of missing goods or of frost, the state of the goods must be recorded on arrival and reserves must be affixed on the delivery form and confirmed by certified letter to the carrier within three days after the reception (article 105 of the commercial law).

No return of goods will be accepted without our agreement.
The delivery delays are given for indication only and couldn’t be considered imperative.
If the delivery is delayed for any reason independent from our will, it will be considered delivered on the agreed date.
The goods will neither be taken back nor exchanged beyond a period of eight days after the delivery by certified letter with recorded delivery, or for special orders.

Our prices are always indicated but are subject to modification which can arise in the course of order, fiscal taxes burdening the goods, customs duties, price of transport, modifications of exchange rate resulting from governmental or legislative decisions. Any modification of these elements previous to the delivery stays in the responsibility or to the advantage of the buyer. This clause applies to invoices not settled on the day of these modifications. Our prices do not include the VAT of 19,6 %. They include the postage in Metropolitan France for any command of a minimum 40 euro exclusive of tax amount on a single order form.

Our company is entitled to reclaim any good unpaid when due, the deposit will be kept by way of indemnification.
Our clients commit themselves to take all necessary dispositions to individualize the goods as our company’s property
In case of resale, our company could also reclaim payment from the new owners who should be informed by our clients about the retention of property

Our repairs, works and supplies are payable cash in ARQUES following the current price list on the day of the delivery.

In the case of a hire purchase, the non-payment, even partial, of only one of the terms will result, by rights, in the forfeit of the term and the immediate payability of the totality of all sums due to us. In case of nonpayment, an interest of 1,3 % for late-payment will be applied to the current base lending rates increased by any taxes in addition chargeable to the customer per month on the totality of the sums.

PAYMENT: a discount of 1 % per month will be deducted from the total sum excluding tax in case of pre-payment.

The salesman is not responsible for delivery problems in the execution of the sale when this problem is due to a case of absolute necessity. Also epidemics, strikes, lockouts, accidents of manufacturing and failures from the carrier are contractually assimilated to a case of absolute necessity. If the situation so created goes on for three months, the salesman can cancel the sale, without compensation, by warning the buyer by registered letter.

The total or partial stop of the usual sources of supply in raw materials and in energy necessary for the execution of the programs of manufacturing will contractually be assimilated to a case of absolute necessity and the deliveries will be reduced in proportion to the available funds of raw materials and of energy, the buyer being informed as soon as possible.

In case of non-fulfillment of its obligations by one part, the present contract will be resolved by rights for the benefit of the other part without prejudice of the damages which could be demanded to the failing part. The resolution will come into effect 8 days after the sending of a formal demand remained fruitless.

In case of contesting, only the Court of ST-OMER will be competent. Our drafts do not make either novation or dispensation for this attributive clause of jurisdiction