Article 1 – Application
These General Conditions of Sale apply to all sales of products and services by the company Technature, except with a specific agreement in writing between the Parties, before ordering. Consequently, the placing of an order by a client implies acceptance without reservation by the latter of these General Conditions of Sale, which may be challenged only through specific conditions granted by our company to the purchaser.
The fact that the seller does not claim any of these General Conditions of Sale does not lead to their invalidity, which he can assert later in any case.
Article 2 – orders
All orders are definitive when accepted and confirmed in writing by our company.
No order cancellation or modification will be possible, except where there is acceptance on our part. In any case, the purchaser undertakes to take delivery of quantities produced in full before cancellation or modification of the order.
The quantity delivered may vary by more or less 10% of that ordered. The differences within this tolerances found at the time of the delivery may not lead to a final refusal of the delivery and payment of the manufactured quantities.
Article 3 – Prices
The prices indicated on our order acknowledgments, proforma invoices or price offers have a three-month validity period from the issue date of the pieces.
Article 4 – Delivery – Transport – Transfer of risks
Our manufacturing lead times are given for reference only and do not give the purchaser right to cancel the sale, to refuse the delivered goods or to claim damages and interest.
Furthermore, our deliveries are subject to effective payment of any previous deliveries by the dates on the corresponding invoices.
The delivery and transfer of risk takes place as soon as availability is made to the purchaser or to the transporter at the seller’s warehouse.
However, for orders relating to Incoterms, the transfer of risks is done according to the applicable Incoterms.
The delivery lead times communicated to the purchaser for reference, only commit the carrier.
It will be up to the purchaser to ensure immediate and written reservations in the case of apparent defects of the goods. Any complaint about the non-conformance of goods must be in writing within 10 days of receipt. After this time, the products delivered will be deemed as compliant with the order in quality and quantity.
Article 5 – Payment
The purchaser must imperatively respect the payment terms agreed during trade negotiation and indicated on the invoice. In the absence of previously agreed conditions, payment shall be made by LCR without acceptance at 45 days net.
Our company will not grant any discount for cash payment and prepayment.
In the case of clients that do not have commercial anteriority or that had payment incidents affecting previous orders, our company reserves the right to require the payment on ordering.
For any invoice under € 500 ex. tax, billing expenses (50 Euro) will be billed over and above.
In any case, a 30% deposit may be asked by transfer or by cheque on ordering.
In case of a delay in payment:
- A penalty will be required by law, without formalities, from the first day of delay and until full payment based on a rate equal to 1,5%.
- The client will be debtor by law of a lump-sum compensation for recovery costs (40 Euro), in accordance with article L411-6 of the French commercial code.
Article 6 – Retention of ownership
Our company reserves ownership of the products until full payment of the price. However, all risks inherent to the products are the responsibility of the purchaser from the transfer of this risk provided for Article 5. The purchaser therefore undertakes to take out an insurance contract that guarantees risks of loss, theft or destruction of the delivered products.
In the case of total or partial non-payment for any reason whatsoever, our company may require, by law and without formality, the restitution of the products at the buyer’s expense.
Article 7 – Liability
In the case of manufacturing defect recognized by both parties, our responsibility is limited to the replacement of the defective products.
Our liability may be engaged in the case of the misuse of the products.
Article 8 – Liability disclaimer
Our company’s obligations shall be suspended by law and without formality, and our liability relieved, in the case of events such as: fire, any work stoppage whatsoever, lock-out, flood, epidemic, war, requisition, riot, frost, lack of raw materials, tooling accident, lack of fuel or electrical energy, interruption or delay in transportation, impossibility or difficulty of importation or exportation, impossibility as a result of rules or administrative decisions, temporary downtime of machine or tooling necessary for the execution of order occurring at our premises or at any of the suppliers or sub-contractors, serious deficiency of our suppliers, political, catastrophic and non-transfer risk, as well as any unforeseen circumstances arising after the contract has been concluded and which prevent its fulfillment in the normal conditions by our company.
Article 9 – Litigation
Any question regarding these General Conditions of Sale, together with the sales it governs, which have not been covered by the present contractual stipulations, shall be governed by French Law, at the exclusion of any other law and of any rules that conflict with the law. For any dispute relating to the implementation of the sales contract or the payment of the price, as well as a difference of interpretation of the above terms and conditions, the Brest Commercial Court will have sole jurisdiction.