Terms of Sale
1 - GENERAL
1.1 - The present conditions of sale constitute the legal basis of our supply contracts. They counter all contrary provisions, printed or not proposed by the customer or taken as a basis for drafting the order, insofar as these have not been accepted by us explicitly and in writing.
1.2 - None of the conditions accepted by us, for example on the conditions of payment or delivery, do not constitute an implied waiver to these terms.
2 - PLANS - STUDIES - DESIGN
2.1 - The weight, dimensions and provisions contained within both specifications, studies and projects on catalogs and advertisements are for illustrative purposes only and does not formally commit ourselves.
3 - CONTROLS
3.1 - Our general documentation or proposals made by our officers do not ask for confirmation in writing by us.
3.2 - The contract of sale is the perfect subject to our written acceptance of Buyer's order.
4 - INDUSTRIAL PROPERTY
4.1 - The plans, special studies and specifications prepared at the request of our customers remain our intellectual property and shall not be disclosed to third parties or executed without our written permission.
4.2 - The client assumes responsibility and agrees to indemnify us for any consequences of disputes by third parties regarding ownership of industrial designs and plans submitted by him.
4.3 - At the first indication of an applicant's claim on the rights of intellectual or industrial property of the supplier or customer, they undertake to provide assistance, including assistance in obtaining the evidence they can possess or obtain.
5 - TIME LIMITS
5.1 - The start time of the latest of the following events:
- arrival at our factory in the implementation plan approved by the client,
- deposit payment with order (where provided one)
- dispatch of our order acceptance,
- eventually arrived at our factory tooling provided by the client, or one of its suppliers.
5.2 - Delivery dates are indicative only.
5.3 - Some over-time can in no case lead to order cancellations or postponement of payment.
5.4 - In the special case where there is an explicit exception to purely indicative delivery time, we are exempt from any right of appointment:
- in case of non compliance of payment terms,
- where the plans or information required by the buyer does not reach in time,
- in cases of force majeure or events such as lockouts, strikes, epidemics, war, requisition, fire, flood, interruption in transport, significant failure of a supplier or subcontractor.
We must keep the buyer in writing and in the shortest time, events cases listed above.
5.5 - If special arrangements and special stipulate penalties, their aggregation can in no case exceed 5% of the value excluding taxes is the fraction of tooling equipment delivered late. The cost of transportation and packaging is excluded from the calculation of penalties.
6 - TYPE OF EQUIPMENT
6.1 - Our customers are invited to proceed upon receipt of their equipment in our factories.
6.2 - In the absence of legal requirements, pressure test apparatus under pressure are determined at time of order, in agreement with our customers.
6.3 - The process of quality control laminates are those commonly used in the profession and are determined by mutual agreement at the time of order on the basis of such use or existing specifications.
No special indications of the order, they are those commonly used in our workshop.
6.4 - The costs of travel and subsistence controllers are always the responsibility of our customers.
7 - DELIVERY - SHIPPING
7.1 - Delivery of parts is always deemed to be made at our plant whatever the stipulations of the contract on the payment of travel expenses, such as free-train, carriage, etc..
7.2 - The goods always travel at the risk of the recipient to which it belongs to undertake such investigations, and in case of missing or damaged, to exercise its remedies against the carrier. In particular, replacement of damaged parts can not be considered if reserves were not made by the consignee to the carrier.
7.3 - Delivery is made by direct delivery of supplies to the customer, the carrier designated in the contract or, if chosen by us and, in case of impossibility or lack of instructions on the destination by a simple notice making available.
8 - MOLDS AND DIES
8.1 - Notwithstanding any advance or participation, molds and tooling manufactured or purchased specifically for an order remain our property.
8.2 - wear around, we have equipment in working condition. The restoration costs resulting from normal use or modification, are charged to the customer.
8.3 - Where, between two commands, tools belonging to our customers remain on deposit in our factories, it is for the buyer to make sure.
9 - WARRANTY
9.1 - Our warranty covers the conformity of the goods to order specifications and the successful implementation of selected materials.
It does not apply in cases of vice from either material provided or imposed by the buyer or a design imposed by it.
It only applies to non-functional properties of materials implemented as from, surface, color, unless he was specifically mentioned in the text of the order and the acknowledgment of receipt of command.
It does not apply to industrial or economic outcomes equipment issued, unless expressly agreed between both parties.
9.2 - Our liability is limited exclusively to replacement or repair, at our option, parts manufactured by us and deemed unfit for use.
The cost approach, assembly, disassembly and transport, remain the responsibility of the customer.
9.3 - The pieces, in sets or accessories not manufactured by us are, without exception, subject to the guarantee given by their own manufacturer.
9.4 - The warranty does not apply if the deterioration is due to:
- a lack of care of the buyer such rough handling, neglect, improper maintenance, installation or incorrect installation, inadequate support components, etc. ...
- conditions of service not met or have not obtained our agreement, such as temperature, pressure, concentration of reagents, nature and concentration of impurities, speed of movement, etc...
9.4 a - When we have to take double or materials that are not of our making, construction of these materials must meet the requirements of the lining or coating.
The fact that we have performed the work does not involve our responsibility in the event of failure due to poor implementation support.
9.5 - It is the buyer's responsibility to prove that the defect is our doing that is to say, due to defective construction, defective materials, imperfect execution.
9.6 - Failure involving our security must, under penalty of forfeiture, we be reported upon discovery.
Unless expressly agreed by us, our guarantee becomes void if the buyer makes himself or have performed by third repair.
9.7 - Our warranty does not impact on the defect such as damage to persons or property, loss of products, lost production, additional work.
9.8 - Our guarantee is valid for six months.
It takes effect the day of arrival of equipment at the customer and not later than four weeks (ten weeks for delivery overseas) after the date of making available to our factory.
La prise d’effet de la garantie peut être retardée contractuellement si le client justifie que le transport ne saurait avoir lieu dans les délais indiqués ci-dessus ou que la mise en service ne saurait avoir lieu dès l’arrivée du matériel à destination. The contract must specify that the warranty is effective on the date of commissioning, and, later, a number of weeks after the date of the provision in our plant, number of weeks being determined solely by a normal shipping, installation and startup.
The duration of the guarantee can be extended on the ground that the jurisdiction of the client would be insufficient to enable it to realize itself within a reasonable time, if the supply is free of latent defects. If the client believes that in this case it may indeed ask a qualified supervisory agency or designated contract to perform in its place the provisional acceptance of the provision, the date of effect of the guarantee and receipt Ultimately, the date of expiry of the warranty. The fees of the body control are the responsibility of the customer.
The warranty period, as determined in this section is consistent throughout metropolitan France, than raised by the use section 1648 of the Civil Code.
9.9 - The replacement, repair or development of a defective part does not extend the term originally fixed for the duration of the warranty.
9.10 - The work of restoration or repair are not subject to warranty.
9.11 - The resale of any of our aircraft to third involves the forfeiture of our guaranteed rights.
9.12 - The loss or deterioration of materials or objects entrusted to us by the purchaser are covered only if it found a serious breach of the rules of prudence and diligence normally required.
9.13 - According to professional practice in metropolitan France, the measures based on Article 1641 of the Civil Code should be submitted within one month of the defects of the equipment sold. According to the same purposes, these shares will be introduced later in the three months following the period of six months provided for in Article 10.8.
9.14 - A security may be applied if it is under contract and in terms of Act No. 71-584 of July 16, 1971, mentioned below:
withholding payment on the final value of the market, ensuring the execution of work will be equal to more than 5% of the amount of work,
This amount will be recorded in the hands of an agent agreed by both parties or if designated by the President of the High Court or the Court of Commerce,
This holdback contract will not be performed if the contractor provides for an equal amount, a joint and several guarantee from a bank,
the expiration of one year from the date of receipt of the work, the bond is released or paid any money paid to the contractor if the Owner does not notify the surety consignee or his opposition in breach of the obligations of the contractor.
To enable the automatic lifting of the bond, the text of the latter must contain an expiry date which is the anniversary of the approval and stipulate that no claim shall be valid after that date.
10 - CONDITIONS OF PAYMENT
10.1 - Unless expressly agreed, in writing, the payment of our invoices must be made in cash without discount in value to our headquarters.
10.2 - Where the sale contract provides for settlement by treaties or maturity:
failure to return them with acceptance and clearance within seven days,
failure to comply with a maturity of any payment
sale, assignment or release pledged by our client to its goodwill, resulting in our sole discretion, automatically and without notice,
namely: the acceleration of maturity, and therefore the immediate repayment of amounts due for any reason whatsoever, and the suspension of all deliveries,
either: terminating all contracts with retention payments collected to determine compensation possible.
10.3 - Any amount that becomes payable shall, automatically and without notice, interest at least 6 times the French legal rate or at least equal to the refinancing rate of the ECB, plus 10 percentage points.
10.4 - In case of nonpayment of a bill by its due date, we reserve the right to increase the amount of 10% with a minimum of 40 th without prejudice to the interest as provided in Article 10.3.
10.5 - The client can invoke any reason whatsoever for denying the timeliness of payment, including overruns of time or events involving our security.
10.6 - Tuition and launch the manufacture of tools, supplies, equipment and advances that we may pay our own suppliers are covered by a deposit, normally 30% paid upon command.
10.7 - When the buyer's credit deteriorates, we reserve the right, even after partial fulfillment of the provision to require the buyer guarantees that we deem suitable for the successful implementation of commitments. The refusal to comply gives us the right to cancel all or part of the market.
10.8 - The seller retains title to the goods until full payment of the price.
The risks are borne by the buyer.
Progress payments may be retained to cover potential losses on resale.
11 - WAIVER OF CONTRACT
11.1 - In case of force majeure such as natural disaster, disruption of economic conditions, absolute failure of suppliers, unpredictable difficulties revealed during the performance of a device or facility, we reserve the right to cancel, Part or all of the order in question.
11.2 - In this case, we are obliged to inform the client promptly after the events that led to our decision.
11.3 - Our client does not, in this case, entitled to compensation.
21, avenue Georges Washington
200 avenue Marius Berliet
P.A. de la vallée de l'Ozon
UIC empowerment DT 78UIC No. N-07-1840