GENERAL CONDITIONS OF SALE

1. GENERAL TERMS

Unless otherwise stated, our special offers shall only remain valid for one month following their announcement. Beyond such time, please contact the Company to find out whether they are still applicable. An order is only valid after receiving its acknowledgement confirming our acceptance without reserve.
The goods supplied shall solely and perfectly correspond to the item specified in the order confirmation.
Acceptance of the offers, unless otherwise stated, shall imply compliance to the present General Conditions, regardless of any mention stated in the buyer’s General Conditions of Purchase.

All international sales shall be governed under French Law.

2. STUDIES AND MODELS

Our studies and models shall remain our exclusive property. They may not be copied, reproduced or transmitted to a third party without our written consent. In the case where we do not win the order,
they should be returned to us upon request.
The wording in our catalogues, prospectuses and price lists do not imply our fulfilment in absolute conformity.

3. PRICES

Unless otherwise stated, all prices refer to items removed from our factory and not subject to any particular delivery.
All other services are not included in our prices and shall be specified in a special agreement.
The prices invoiced are those in force at the time of delivery, save those for items sold according to an official quote.
The present clause is deemed as essential as regards the contract.

4. PAYMENT

Unless otherwise stated, our invoices are drawn up according to net rates, no discount being granted, with “30-day end-of-month” payment following delivery, via immediately negotiable banker’s draft. Any extension to the payment term exceptionally granted may entail the invoicing of interest at 1.50% per month. Immediate payment may always be demanded in the case of lack of recognised references at the time of first order, or for any other reason.
Refusal to accept our banker’s drafts or failure for a bill of exchange to be honoured on its due date shall imply immediate payment of the full amount of the sums owed to us, no prior notice being necessary. This may result, such as we please, in the suspension of all deliveries and of the termination of the ongoing markets and orders, thereby releasing us of all further commitments, any late-payment penalties being calculated at 1.50% per month, intervening by rights as of the due date, and this even in the event of lack of protest or of formal notification.

5. RESERVE OF TITLE (pursuant to Article L 621 -122 of the French Code of Commerce)

All goods stated in the contract shall remain our entire property up until full payment of the price and any ancillary costs.

As of delivery, the purchaser shall be liable for any damages possibly sustained by, or occurred due to the goods, for whatever reason.
In the event of default by the buyer with regard to any one of the payment instalments, or in the case of breach of the present clause, we shall be entitled to demand the return of the goods, at the expense of the purchaser, until such a time as the latter meets his entire commitments.
Furthermore, we may terminate the contract by rights, by registered letter with acknowledgement of receipt, without prejudice to any other claim for damages.

6. DELIVERY PERIODS

The delivery periods are given as precisely as possible, though should be considered as “for information only”, being subject to our supply and transportation possibilities. On no account may late delivery give rise to a claim for compensation, nor to an extension of the due date, or to the cancellation of our orders.

7. DELIVERY

The goods shall be transported at the risk of the addressee, even in the case of carriage paid by us.
In the event of loss or damage in transit, the addressee shall evoke all regular reserves against the carrier, with all necessary complaints being duly expressed by the parties.

8. FORCE MAJEURE

All our commitments shall be temporarily suspended, or even cancelled, for all cases where failure to fulfil an obligation results in a case of force majeure or a serious occurrence, such as full or partial industrial strike, flooding, fire, etc.

9. TRANSPORTATION-INSURANCE-CUSTOMS

Unless otherwise stated, transportation, insurance, customs, handling and taskforce operations shall be borne by the purchaser, at his own risk, whose duty it is to verify the goods upon delivery. No claim may be registered in the case of failure to immediately confirm acceptance of the goods, prior to any use. The addressee shall, where appropriate, duly evoke all reserves and all protective measures against the transport driver or the carrier, even in the case of free delivery.
In the case of us taking care of delivery, we may not be held liable for any reason whatsoever.
Upon request and at the expense of the purchaser, the goods may be insured by the latter against the risks of transport, fire or otherwise.

10. CLAIMS

Free delivery, direct drawing from accounts or other means of payment are simply facilities and are not to be considered as novation.
For any disputes with regard to our Company, Narbonne Commercial Court [Tribunal de Commerce] shall be solely competent.
Even in the case of a plurality of parties in cause, our contracting parties shall refrain from calling upon us to serve as guarantee.
The sole fact of having done business with us implies acceptance of these conditions, regardless of any general terms stating otherwise and possibly existing in the Client’s Sale or Purchase Conditions, save special agreements duly entered into between us and the Client.