1 • INFORMATION
The customer acknowledges having read, at the time of placing the order, these terms and conditions of sale and delivery and expressly accept them without reservation. The present general conditions of sale govern the contractual relations between SCHEIBER and its customer, the two parts accepting them without reserve. These general conditions of sale will prevail over all other conditions contained in any other document, including the general conditions of purchase of the customer, and can not be canceled or modified except prior waiver, express and written.
2 • WHO ARE WE ?
SCHEIBER is a public limited company with capital of 997 006 € registered in the trade and companies register of La Roche-Sur-Yon (85) under the number 546 850 264.
You can contact us by email: firstname.lastname@example.org
By phone: 02 51 51 73 21 Monday to Thursday from 8:30 to 12:00 and from 13:30 to 17:30, Friday from 8:30 to 12:00 and from 13:30 to 16:30.
3 • FORMATION OF THE CONTRACT
When an estimate is established by us, it constitutes the special conditions that modify or supplement these general conditions. In case of order received from the buyer, it will be considered as definitively accepted by us only after written acceptance on our part. It is this acceptance which will constitute in this case the particular conditions.
Unless otherwise stipulated in writing at the time of the offer, the period of validity is 30 days from the date of delivery to the customer.
4 • PRICING
4.1 SCHEIBER prices are exclusive of taxes, these apply in addition. These rates may be modified at any time and in particular, in case of change in tax or economic data or variation (plus or minus 2.5%) of the prices of raw materials and / or labor.
4.2 Invoices are established in accordance with the price in force on the day of the pick-up or delivery of the goods.
4.3 The port is not included in the price and is added to it.
4.4 The packaging is included in the price.
4.5 All our prices are in Euros.
5 • MINIMUM ORDER
5.1 Any metropolitan France order will be subject to an additional billing line "management fees"
in the amount of 13.00 € VAT not included plus delivery charges.
5.2 Any DOM-TOM order will be subject to an additional billing line "management fees"
in the amount of 20.00 €, excluding taxes, in addition to delivery charges.
5.3 Any EEC order (excluding France) will be subject to an additional billing line "management fees"
in the amount of 25.00 € excluding taxes and shipping costs.
5.4 Any order outside the EEC will be subject to an additional invoicing line "management fees"
in the amount of 45.00 € plus VAT, plus delivery charges.
6 • OPENING OF ACCOUNT
Any request to open an account will be subject to validation by our accounting department. The latter must first have access to all documents allowing a financial study of the company to validate the opening of account. These same documents will be provided whenever necessary, upon receipt of the request of our services to study the maintenance or not of the conditions previously granted.
7 • REVISION OF THE CONTRACT
Any knowledge of a significant change in the economic or financial situation of our client, even after partial fulfillment of the orders, may lead to the revision of the conditions of execution of the latter, as well as the overall credit conditions we have granted.
8 • DELIVERY
The shipping costs will be charged extra and regardless of the amount of the order. Delivery times are indicative and without guarantee. A delay does not allow the buyer to cancel the sale or to refuse the goods: it can not also give right to withholding, penalty, compensation, compensation. The transfer of risks is done at the delivery of the goods, they travel at the risk and peril of the customer to whom it belongs to check the good condition at the time of delivery.
This check must include references, quantities, the quality of the goods and their conformity to the order. In any case, no claim will be taken into account after a period of eight days from the date of delivery. If entrusted to a carrier, the goods have suffered losses or damage, the customer must imperatively bring precise and complete reservations on the transport document and reiterate his reasoned protest to the driver by registered letter with AR within a maximum of 48 hours and inform SCHEIBER SA under the same conditions. In the event that the address indicated is not correct or incomplete, SCHEIBER will be entitled to claim the payment of new delivery charges.
9 • FORCE MAJEURE
Have the effect of suspending our contractual obligations fortuitous events or force majeure such as: total or partial strikes hindering the smooth running of our company or that of our suppliers, subcontractors or carriers, as well as the interruption of the transports, supply of energy, raw materials or spare parts.
10 • SETTLEMENT
10.1 Settlement time: the payment deadline for our invoices is immediate, we give the collection just before shipping. No discount is granted.
10.2 Penalties of delay: Late payment penalties are applied in the case where the sums due are paid after the date of payment and appearing on the invoice. The calculation of these penalties (modified by Law 2012-387 of March 22, 2012, OJ of 23, art 121) will be equal to the most recent Refi rate applied by the European Central Bank plus 10 points (the Refi rate of the 1st semester is the one in effect on January 1st of the year, the Refi rate of the 2nd semester is that applicable on July 1st of the year).
10.3 Lump sum recovery indemnity: In addition to penalties for late payment, an indemnity for recovery costs applicable on 1 January 2013 (Law 2012-387 of 22 March 2012, OJ of 23, Article 121). The amount required in case of delay will be equal to the fixed compensation provided by the decree in force on the day of the unpaid (amount fixed by Decree - 40.00 € for 2013 in accordance with the Decree 2012-1115).
10.4 Effects of a default or late payment: If during a previous order, the buyer has evaded its obligations (default or late payment, for example), a refusal to sell may be opposed, to unless that client provides satisfactory collateral or cash or advance payment. No discount for cash or advance payment will be granted. All negotiated agreements will lapse without notice. Possible claims for any kind of supply do not exempt the buyer from paying bills due.
11 • RESERVATION OF TITLE
In accordance with the law 80335 of May 12th, 1980, our company reserves the property of the goods sold until the complete payment of their price in principal and interests, being specified that the simple delivery of a draft does not worth payment. In the absence of payment of the price at the agreed expiry date, we may take back the goods and the sale will be automatically settled if the circumstances so require. Installments paid will remain with our company as compensation. The customer is responsible for the goods sold as soon as they leave our stores: he undertakes that they will be covered from the outset by an insurance guaranteeing the risks of loss, theft and destruction.
12 • PRODUCTS CHARACTERISTICS
All technical features, performance, dimensions and weights are indicative and are for informational purposes only. They have no contractual values and in no way engage our responsibility. The characteristics of the products presented may change and no modification may give rise to a claim for damages. Should an evolution occur, radically modifying the product and its use, the customer will be notified when ordering. The photographs illustrating the products do not enter the contractual field. If errors are introduced, in any case, the responsibility of SCHEIBER can not be committed.
Our commercial documents are not contractual.
13 • CHOICE OF PRODUCTS
The products mentioned in the offer are those requested by the buyer or those offered by SCHEIBER on the basis of information provided by the buyer. The buyer undertakes in this case to communicate to SCHEIBER all the technical elements necessary to allow him to issue an offer of suitable products, where appropriate through a precise and exhaustive specifications. Since the products are mainly components intended to be incorporated into a set designed by the buyer, the latter assumes responsibility for their choice and use.
The buyer recognizes that he has the professional skills necessary to select the right products for his intended use, or to validate the suitability of the products offered by the seller and that he is perfectly informed of the terms and conditions of use of the products, the dangers they may present and the precautions to be taken when using them. The buyer is therefore prohibited from seeking liability of the seller for lack of advice or information.
14 • GUARANTEE
14.1 Purpose of the guarantee: SCHEIBER guarantees its equipment for defects and latent defects under the conditions set out in articles 1641 and following of the Civil Code. Repairs made during the warranty period do not change the terms and duration of this warranty which is 2 years, except in special cases. The services under warranty are subject to the presentation of the invoice SCHEIBER certifying the date of commencement of the guarantee. It is up to the user to prove the defect of construction, assembly or defect of the material, according to the legislation in force. Industrial warranties of any kind whatsoever will cease in any case, at the latest 30 months after the availability of the equipment in our factories or stores, even if the shipment or assembly is deferred for some cause, but independent of us.
14.2 Exclusion of the guarantee: This guarantee is not applicable in the event of tampering, bad storage conditions prior to assembly or misuse of the devices (connection error, drop, shock, replacement of fuses with non-compliant values). It does not cover recalibration or restandardization due to drift and normal aging of equipment. Corrosion or erosion phenomena are not guaranteed. Under no circumstances is SCHEIBER responsible for the material that has been converted, repaired or dismantled, even partially.
15 • CONTROL AND TESTING
In the case of contestation of the characteristics of our equipment, we may be asked to make measurements on the site. An estimate will then be sent to the applicant. This estimate will include travel expenses to and from the accommodation, living expenses, daily fees of a technician for the time during which he is absent travel included. We will only intervene after receiving the accepted quote. If the proof is made that our material corresponds to the specifications of our technical documents, the estimate will be billed to the applicant. If not, we will bear the costs incurred.
16 • RETURN OF GOODS
Any standard type of equipment that has been specially treated, as well as devices with different characteristics to our standard, will not be returned or exchanged. The standard products will be taken back exceptionally to 70% of their value after written agreement on our part and this only on the condition that they are in their original packaging and commercially salable. Any acceptance accepted by us will result in the creation of a credit for the benefit of the purchaser, after qualitative and quantitative verification of the returned products. The transport costs relating to these returns are the responsibility of the customer. 30.00 € HT will be deducted from having it to cover the management, quality and logistic costs generated during a return. After 3 months after the delivery date, no resumption or exchange will be accepted. Returns of goods can not exceed 5% of the annual sales figure.
17 • ATTRIBUTION OF SKILLS
For all disagreement relating to sales made by our company and the application or interpretation of these general conditions of sale, only will be competent the Commercial Court of Roche-Sur-Yon. All sales concluded by our company are subject to French law.
18 • CONFIDENTIALITY
Studies, plans, drawings and documents of any kind delivered or sent by ourselves remain our property and must be returned upon request; they can not be communicated to third parties for any reason whatsoever by the buyer. The projects studied by SCHEIBER can not under any circumstances be communicated to third parties or exploited commercially without a written authorization.
19 • SPECIFIC PRODUCTS
The non-use of stocks made by our company (or our suppliers) following a modification of the product, a suspension or a stop of manufacture will result in a billing to the customer.
20 • INFORMATION TECHNOLOGIES AND FREEDOM
The buyer is informed that the personal information that may be collected, in the context of automated or non-automated processing, is intended for the seller, exclusively for administrative and commercial management purposes. They are reserved for internal use and are therefore not the subject of any transfer to third parties. In accordance with the law n ° 78-17 of January 6th, 1978 relative to the Data processing, the Files and the Liberties, the purchaser has a right of access, rectification and opposition concerning this information, which he may exercise at the registered office of the seller.