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SALE CONDITIONS
Applications :
Apart from contrary convention written by us, the offers, markets or orders are ruled
without exception by the selling conditions hereunder, that are applicable despite the documents
coming from our customers.
Orders :
The orders placed by our customers are engaging us only if they are subject to
a written acceptance from us.
Prices :
Our price list do not constitute an definitive offer.
It can be modified without warning.
Our products are Net price of the kit
always invoiced with the current price list at delivery time.
Our prices are net and ex-works.
Payments :
The customers not having an account registred in our data will have to pay before expedition.
For the customers having an account, payments will be done 30 days from date of invoice, apart from
an agreement written by us.
All amount not payed before the due date will involve the payment of a delay
penalty of 2% per month.
This penalty will not need any preliminary formal demand.
The non payment before
the due date will involve the due of the complete amount still due and the suspension of the deliveries.
Deliveries :
We deliver usually on stock without delay obligation.
The expeditions, even carriage paid,
travel at customer's risk, that should verify the goods when delivered.
In case of damage or loss happened
during the transport, it is incumbent on the consignee to exert all the appeal against the transport companies,
according to articles 105 and 106 of the Commercial Law.
The claims concerning the quality and the quantity of the goods should be done within the three days
after delivery.
We do not send samples for trials and do not accept the return of the goods apart from mistake from us
or preliminary agreement.
We are not responsable for damages or accidents that can be caused by the products
we sell or their use.
Taking back :
Apart from delivery mistake from us, will not be accepted : the products delivered since
since more than 30 days, the products opened or cut, the specific orders (colours, dimensions,…).
A systematic loss in value of the products will be done and credit cost will be invoiced.
The cost of transport for the return of the goods will be chargeable to the customer.
Warranty :
The warranty we give against manufacturing defects involves only the replacement of
products recognized as defective.
We reserve the right to modify our products in terms of supplying, packaging or price.
This without obligation for us to modify evenly the products ordered previously.
Retention of title clause :
SICOMIN reserves the property of the goods delivered till
complete receipt of the amount due (including the acessories).
Nevertheless, the risks happening after expedition are chargeable to the buyer.
It will be possible for him
to use these goods in the context of normal implementation in its factory.
This authorization is taken out from him with a full right, when the first incident of payment occurs,
without preliminary formal demand.
Therefore, SICOMIN will be able to claim the goods still being in possession by the purchaser,
until the payment will be completely acheived, even in case of collective proceedings or
temporary suspension of proceedings.
All amount paid in advance stays acquired by way of indemnity.
The purchaser commit himself to make arrangements to let the goods individualized as SICOMIN's property
Applicable right :
In case of lawsuit, the french law is applicable and the commercial tribunal of Aix-en-Provence
is the only one competent however the means of payment, the delivery conditions, even in case of
call up warranty or severalty of the defendants.
This reserve will not allows the customer to cancel its order, this possibility being reserved to the seller.
The orders are accepted exclusively under the above conditions, in case of variations made by the customer,
to the initial stipulations, our company is considered involved only in case of a new formal agreement on behalf of us.
All general or particular disposition appearing on commercial or accountant documents of the customer
that would be contrary to the present general sale terms are reputable null and non written. |
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