GENERAL SALES CONDITIONS

 

ARTICLE1-Scope:The present General Sales Conditions apply to all sales transactions between «DISTRIB'INOX» registered on the Trade Register inST ETIENNE, France and professional or non-professional Purchasers.

 

ARTICLE 2 - Orders: Orders must be confirmed in writing. No order of under ONE HUNDRED (100) € without tax can be accepted. Sales take effect only after express written acceptance by the seller.

 

ARTICLE3-Prices:The products are supplied for the prices in force on the date of the order placed by the Purchaser. Specific orders will require a quote to be accepted beforehand by the Purchaser. Prices are net, ex-works and without tax.

 

ARTICLE4-Conditionsof payment

-4.1. Payment terms:the price is payable THIRTY (30) days after issue of invoice, end of month as from the date of invoice. Advance payment corresponding to 30% of the total price of the above products is to be paid on the date of the order. The balance of the price is to be paid in full on the date of delivery.

 

- 4.2.Penalties for late payment: in the case of late payment and payment of amounts due by the Purchaser after the date fixed and after the date of payment on the invoice addressed to the Purchaser, penalties for late payment of 10% of the amount without tax of the price to be paid will be automatically due to the Seller without the need for any formality or formal notice whatsoever. Furthermore, in the case of failure to respect the payment conditions as set out above, the Seller reserves the right to suspend performance of his obligations.

 

- 4.3. Absence ofcompensation: Unless there is prior express written agreement by the Seller, no compensation will be paid.

 

- 4.4.Retention of title clause:Until full payment has been made, the Seller reserves ownership of the products sold, enabling him to take them back in the case of non payment. Any advance payment made by the Purchaser will be retained by the Seller as a lump sum compensation, without prejudice to any other courses of action to which he has a right to use against the Purchaser.

ARTICLE5-Deliveries:The products bought by the Purchaser will be delivered within a maximum of FIVE (5) weeks as from the date of reception of the corresponding purchase order signed by the Seller. This deadline is not a strict time limit and the Seller will not be liable to the Purchaser in the case of late delivery. Transport costs are borne by the purchaser for all orders under ONE THOUSAND FIVE HUNDRED (1 500) €. For all orders in excess of ONE THOUSAND FIVE HUNDRED (1 500) €, the seller will cover transport costs in mainland France (except CORSICA AND FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES). The Purchaser should check the condition of the products on delivery. If no reservations or complaints concerning patent defects or non-compliance of products delivered following an order have been expressly made by the Purchaser in writing and sent to the seller by registered post with acknowledgement of receipt on the day of delivery, the products delivered by the Seller shall be deemed to be compliant with the order in quantity and quality. The Purchaser will enclose all relative justifications to his reservations or complaints. The Seller will replace the delivered products without delay and at his own expense after the patent defects or non-compliance has been duly proved by the Purchaser.

 

ARTICLE6-Transferof ownership–Transfer of risks: Thetransfer of ownership of the Seller’s products and the correlating transfer of risks of loss and deterioration take place once the purchase order has been accepted by the Seller. The products thus travel at the purchaser’s risk.

 

ARTICLE7– Seller’s responsibility – Guarantee: in accordance with statutory provisions, the products delivered by the Seller are guaranteed against hidden defects, material defect, design or manufacturing defect which could affect the products delivered and make them improper for use, for a duration of THIRTY (30) days as from the date of delivery, any possible interventions by the Seller carried out in relation to this guarantee cannot in any way whatsoever prolong the duration of this guarantee. Exclusions apply in the case of bad use, negligence or failure of maintenance by the Purchaser, as is normal wear and tear or cases of force majeur. In order to benefit from this guarantee, the Purchaser must inform the Seller in writing of the defects, enclosing all appropriate justifications, within a maximum deadline of THIRTY (30) days of discovering this, or risk loss of rights to the guarantee. The Seller will replace, or have replaced, the products or parts under guarantee which have been judged defective. This guarantee also covers manpower costs.

 

ARTICLE8-Disputes:ALL DISPUTES APPLICABLE TO THE PRESENTCONTRACT WILL BE SUBMITTED TO THE COURT IN SAINTETIENNE(LOIRE).

 

ARTICLE 10 - Acceptation by the Purchaser: The present General Sales Conditions are expressly agreed and accepted by the Purchaser who declares and recognises he has read and understood them and hence renounces the right to make any form of claim based on any other document, and notably, his own general purchase conditions, which would not be enforceable against the Seller, even if he were informed of it.

 

ARTICLE11–Documentation: Thedescriptionsare given as an indication. The models presented are always subject to modifications without prior announcement. The dimensions are given as an indication and pay vary without this giving rise to objections or a right in obtaining a reduction in the purchaser’s interest. All the documents contained in our catalogues remain our exclusive property and cannot be reproduced or transmitted to third parties in any way whatsoever, or used for the manufacture or construction of components.

 

Photos in the catalogue are non contractual.