TERMS AND CONDITIONS OF SALES

TERMS AND CONDITIONS OF SALES
01. GENERAL
 
Any order implies the buyer's acceptance of these terms and conditions of sale. Offers are valid for two weeks, unless otherwise stated. Orders are final only when they have been confirmed by acknowledgment of receipt from the seller. The benefit of the order is personal to the buyer and can not be assigned without the agreement of the seller. Orders confirmed by acknowledgment of receipt are irrevocable from the buyer.
 
 
02. PRICE
 
Unless otherwise agreed, prices are net excluding taxes. They do not include transportation, any customs fees and insurance that are the responsibility of the customer. The prices mentioned in the offer as well as in the order may vary upwards or downwards in the event of a substantial change in the price of the components and / or the rate of the purchase currency at the time of invoicing. Any renewal of the rates supposes an acceptance on our part on an acknowledgment of receipt of order. When placing an order, any change such as a plan or quantity change, automatically leads to a revision of the proposed price as long as these changes have an impact on the price.
 
 
03. DELIVERY
 
The goods travel at the risk and peril of the buyer. He must check the shipments on arrival and exercise recourse against the carriers if necessary. The transfer of risks on the products sold by our company is carried out at the delivery of the products to the carrier or at the exit of our warehouses. The seller is entitled to make partial deliveries with corresponding invoicing. In this case, any partial delivery must be considered as a separate contract, the buyer can not claim the pending balance of material ordered to defer the corresponding payment. Shipping times are given as an indication.
 
Shipping delays due to any cause or incident, the failure of our suppliers or a case of force majeure, can not give rise to any penalty or cancellation of order. Unless special agreement, we reserve the right to deliver and bill a percentage in plus or minus up to 5% depending on the technical difficulties and the importance of the series.
 
 
04. PAYMENT TERMS
 
Goods and services are payable to our home at 30 days net of the billing date, without discount for early payment, unless special agreement. In case of late payment of the sums due by the buyer beyond the above deadline and after the date of payment shown on the invoice, a late penalty calculated at the rate of the European Central Bank for its refinancing operation the most recent, plus ten points, will automatically be acquired by the Seller without any formality or prior notice. The ECB rate applicable during the first half of the year concerned will be the ECB rate in force on 1 January of the year in question and for the second semester, that in force on 1 July. These penalties are calculated on the amount of the price included on the invoice. In addition, a lump sum compensation for recovery costs of 40 euros will be automatically due and without prior notice by the buyer in case of late payment. (Law 2012-387 of 22 March 2012), without prejudice to any other additional compensation taking into account the actual costs incurred. The rejects will not be able to justify any delay in the payment of the invoices of the pieces recognized as good. In case of non-respect of a deadline, we reserve the right to suspend any supply on orders in progress. In addition, 8 days after a formal notice by registered letter remained ineffective, all amounts due become due.
 
 
05. GUARANTEES
 
In the case of execution of parts according to model or drawing provided by the buyer, this one undertakes to compensate us for any damage caused to a third party for infringement of his rights. The buyer is obliged to check the apparent condition of the products upon delivery. In the absence of reservations expressly issued by the buyer upon delivery, the products delivered by the seller will be deemed to conform in quantity and quality to the order. Unless otherwise provided, our contractual warranty is thirty days from the availability of the products and covers any defect in material or workmanship. The legal guarantee of conformity is limited to the first six months following the provision of the product and must be invoked within a period of twenty days from the discovery of the defect.
 
The warranty, whether legal or contractual, can not in any case exceed the amount of the invoice price and can not go beyond the repair or replacement of defective equipment, returned free in our workshops. It means for normal use of products and does not apply to damage or destruction caused, including by mounting error, mechanical accident, lack of maintenance, faulty use, overload or overvoltage. The buyer expressly disclaims liability for the seller for damages or losses caused directly or indirectly. The dimensions, colors and weights of certain materials subject to variations inherent to their nature or to their manufacture benefit from the tolerances of use. No return will have to be made without our prior agreement. In the event that the buyer retouches or has touched by a third party allegedly defective parts, no invoice or bill of costs will be accepted without prior agreement of the seller.
 
The customer must ensure that its premises and storage conditions are suitable for the good conservation of products and present the security guarantees imposed by the regulations in force. No warranty is provided as such by the seller. In any case and in no case the seller is liable for direct or indirect damage, foreseeable or not, of a possible failure of the product sold. As a result, no compensation can be claimed.
 
 
06. REPAIRS
 
Repair times are purely indicative and do not engage the seller who will strive to meet them to the extent possible. Payments for repairs are made net and without discount to our establishment; they are understood as cash upon receipt of the invoice. The guarantee is the one applied by the repairer. Failing response to the repair estimate, the buyer will be required to take back at his own expense the equipment he has entrusted to us within two months from receipt of a registered letter of formal notice. After this period, it authorizes us to discard the equipment entrusted and waives any claim against us for the destruction of such material. The equipment will be destroyed or recycled, after a period of twelve months from the sending of the registered letter of formal notice.
 
 
07. QUALITY OF PRODUCTS
 
In the case where supplies are approved by the buyer from a technical file, documents from our subcontractor are produced under his sole responsibility to the buyer.
 
 
08. TRANSFER OF PROPERTY
 
The transfer of ownership of the equipment is suspended until full payment of the price of the latter by the buyer, in principal and accessories, even in case of delays of payment, and this, in application of the Law of May 12, 1980 and Articles L 624-9 et seq. of the French Commercial Code. Any deposit paid by the buyer will be retained by the seller as a lump sum compensation, without prejudice to any other action. Any contrary clause is deemed unwritten.
 
 
09. RESERVE OF PROPERTY
 
The seller retains ownership of the goods sold until full payment of the price, in principal and accessory. In case of procedure of safeguard, recovery or judicial liquidation of the buyer, the property of the goods delivered and remained unpaid may be claimed by the seller. Property remaining the property of the seller until full payment of their price, it is forbidden for the buyer to dispose of it to resell or transform before payment. These provisions do not prevent the transfer of risks to the buyer upon delivery of the goods sold.
 
 
10. EXPORT
 
The buyer, in case of export outside the EU delivered products, including to Iran, Sudan, Myanmar, Syria or Cuba, as well as all countries subject to restrictions by the Community and / or US authorities, certify that it is up to date with its declarative obligations and any necessary licenses and authorizations, both vis-à-vis the Community authorities and the USA, and irrevocably guarantees the seller against any recourse in this respect.
 
The buyer will justify the necessary authorizations, if necessary, at the written request of the seller. In addition, the buyer certifies that no bank, intermediary or financial institution that would be prohibited by the EU and / or US authorities will intervene directly or indirectly in its financial relations with the seller.
 
 
11. DISPUTES
 
In the event of a dispute concerning the interpretation or execution of their agreements, the parties grant exclusive jurisdiction to the Commercial Court of Nanterre, France.