1. All orders from our customers imply the unconditional acceptance of our general conditions of sale, regardless of any contrary conditions which may appear on these orders, unless there are expressly accepted by us.
2. Our goods travel at the buyer’s risk, regardless of the method of payment agreed upon or the shipment conditions, even if they are franco.
3. Claims from buyers at delivery will be accepted only if they are formulated in detail at the time of the acceptance of the goods on the transporter’s receipt and confirmed in writing to the transporter by registered letter within three days.
We do not accept returned items without prior written approval.
In the event of a delivery which is acknowledged as defective, our liability is strictly limited to the obligation to replace the product acknowledged as defective.
4. No fine for late delivery will be claimed. Delivery time is given only as an indication.
5. It is agreed that all our goods are sold with an ownership reserve until complete payment of the price.
Failure to pay anyone of the sums owed on the price may entail the reclaiming of the goods.
These provisions do not prevent the transfer to the buyer, as soon as the goods are shipped, of the risks of loss of damage to the goods sold, as well as any damage they might cause.
6. We undertake to deliver the ordered products within a period of time which will allow the Purchaser to manage the BISBs (Best If Served Before) of the products in optimal conditions.
Once the delivery of the products has been performed in such conditions, our liability may, in no way, be engaged by a third-party (consumer, administration, etc.) claim concerning the BISB.
So as not to damage the brand image of the products, the Purchaser undertakes to manage its BISBs in the best possible conditions.
Any failure to the above undertaking shall authorize us to immediately terminate the business relations that bind us to the defaulting Purchaser and to request compensation for the commercial damage that such attested failure will have caused us.
7. The prices which apply are those in force on the date of invoicing.
8. Deferred benefits (discounts, rebates, etc.) are payable, regardless of the date, only if the invoices due for payment have been paid in full. They may me mentioned in the column R4*.
9. Any warranted litigation concerning an invoice or delivery is not suspensive of the buyer’s obligation to pay the invoice, subject possibly to a withholding by the buyer of a sum corresponding to the disputed amount, until settlement of the litigation.
10. It is expressly agreed that in event of a protest, return of a bill, postponement of a payment or arrears in paying a single invoice, and upon simple notice made by registered letter which has remained without effect for eight days following the date of its mailing, we may demand immediate payment of all sums, even those which are not yet outstanding, which might be owed to us.
Sums payable by application of this default clause will bear interest between the date of their playability and the date of their full payment, at the rate of one/thousandth per calendar day.
Any partial payment of an invoice will be deducted by full right from the non-privileged portion of our claim.
11. General conditions of payment: 30 days following the ten-day period during which delivery is made.
Any payment arrears will call for the payment of a fine by the buyer of one percent of the amount of the unpaid amount per calendar day of arrears.
In addition, a lump sum will be due representing collection costs. This amount cannot be less than legal limit.
12. The commercial relations undertaken with our customers are governed by the French law.
Any disputes pertaining to the sales governed by these general conditions will, if they are not settled amicably, be brought before the Commercial Court of the district in which the Supplier’s registered offices are located, even in the event of an impleader or plurality of defendants.