GENERAL CONDITIONS OF SALE

The placement of an order implies the purchaser’s full, unreserved acceptance of these general conditions of sale. They will prevail over any other provisions that are contrary to these conditions that may appear in our clients’ documents.

Article 1 – ORDER

Orders are only final once they have been confirmed in writing by the purchaser and the vendor.
All orders should be placed in writing by the purchaser and should accurately state the specifications of the equipment together with any clarifications that may be required, method and place of shipment, delivery period, etc. Incomplete or incorrect information may lead to errors being made with the performance of the order which may not be attributed to the vendor.
If the order confirmation is in writing, acknowledgement of receipt of the order will confirm the vendor’s acceptance and will stipulate the terms and conditions of the order performance. The purchaser is advised to check the acknowledgement of receipt of the order and inform the vendor of any mistakes in writing within 48 hours of receipt.
Once an order has been accepted, it may always subsequently be cancelled by the vendor, without any compensation being owed, in the following cases:
Stop to production by the manufacturer for any reason or change to the purchaser’s solvency.
Any change to the order should be requested in writing by the purchaser and be agreed to by us.
Changes may lead to an increase in lead times and costs.
All orders are fixed, final and irrevocable.
Any cancellation of an order will lead to the production of an invoice for damage compensation which will amount to at least 50% of the total order.

Article 2 – DELIVERY

Delivery periods are given for information purposes only and our company will not be held responsible for any damages, compensation or penalties for delay.
They are always stated EX-WORKS.
They will start from the dates provided for in the order subject to the client providing any information he has in good time, such as: Diagrams, sketches and any information that is essential for the order’s performance.

Article 3 – TRANSPORT

The client is responsible, at his cost, risk and peril, for all operations concerning transport, insurance, handling and deliveries to the work site and it is up to the client to check shipments upon their arrival and to take any action against the carriers where applicable, even if the shipment is free of charge.
The purchaser, as the recipient of the goods, is responsible for only signing the receipt for the equipment from the last carrier once he is assured that the equipment has been delivered in good condition. The note "subject to unpacking" will have no value.

Receipt of goods : Upon receipt of a delivery, the following operations should be carried out in front of the carrier :

• Unwrap the package(s) received
• Check that the equipment is in good condition
• Write any damage noted in capital letters on the delivery note

Within 3 working days of the non-compliant delivery :

• Write to the carrier by registered letter with acknowledgement of receipt confirming the damage noted
• Send a copy of this letter to our company

If these provisions are not observed, the cost of repairing the equipment will be borne in full by you.
We do not make any guarantees with regard to transport resources or lead times.

Article 4 – CLAIM

Any claim regarding a mistake with the order, missing items, apparent defects or for any other reason should be sent by registered letter with acknowledgement of receipt within 72 hours of the arrival of the goods at their destination.

Article 5 – RETURNING GOODS

Goods may only be returned in exceptional circumstances once we have agreed to their return in writing.
The purchaser is liable for the costs and the risks of returns.

Article 6 – WARRANTY

Our warranty is valid for one year from the date of shipment and is limited to the replacement of any parts that are known to be faulty, excluding belts and cloths.
The warranty is excluded if :

• The operational defect is a result of your tampering with the equipment without our authorisation,
• Faulty operation is a result of your negligence or your failure to maintain the equipment.

By express agreement, our liability as a result of the equipment is strictly limited to the above provisions and to any damage that directly affects the equipment supplied.
The manufacturer and the vendor will not, under any circumstances, be held liable for any compensation for any direct or indirect loss suffered, such as : Casualties, damage to third parties, loss of goods.

Article 7 – PAYMENT

The terms and conditions for payment are defined through the opening of an account.
Time frames will only be agreed on the proviso that your application is accepted by our credit insurance.
The payment time frames granted may be changed without any prior notice by us in the event of any change to the purchaser’s solvency.
Spare parts will only be sent if they are paid for cash on delivery.
Agreements should be signed and returned within 10 days of the date on which they are sent. This time frame is strict.

In addition, we reserve the right, in the event of non-payment, to ask for the delivered goods to be returned as quickly as possible, at the costs of the purchaser. With regard to the balance of any currents orders or orders that still need to be delivered, we reserve the right:

• to ask for payment before delivery,
• to postpone delivery, cancel orders and request damages.

Article 8 – RETENTION OF TITLE

The equipment will continue to be owned by us until the price has been paid in full by the purchaser (law n° 80 335 of 12 May 1980) even if the equipment has already been altered or re-sold.
The purchaser’s receivership or liquidation will not change this clause.
In the event of restitution, any sums paid as a deposit will be retained by us as compensation.
As from the shipment date, the purchaser will be liable for any damage that the equipment may suffer or cause, whether such damage is a result of his act, the act of a third party or a case of force majeure.
The resale of any goods should be on our behalf.

Article 9 – CATALOGUES AND PLANS

The descriptions of equipment are given for information purposes only.
The models shown may always be changed without any prior notice.

All the documents making up our catalogue will continue to be exclusively owned by us and may not be reproduced or sent to any third parties in any way, or used to complete or to manufacture any components.

Article 10 – JURIDICTION

By express agreement, all disputes, regardless of the type, will fall within the exclusive jurisdiction of the Commercial Court in Montereau (77).
The applicable law is French law.
In the event that any of the above articles should be declared null and void, such nullity will only affect the articles in question and not the whole of this agreement.