1 – Ordering. Orders are only final when they have been confirmed (letter, fax, email).
2 – ORDER AMENDMENTS. Any modification or termination of order must be notified in writing (letter, fax, email) and accepted by the seller. They will only be taken into consideration if they are submitted at least 1 month before the expiry date set out in the contract.
- If the order is for special items, the costs incurred shall remain payable by the customer.
- Given formal notice, we will have the option:
- In case of force majeure, flood, fire, broken machinery, war, riot, earthquake or any serious event reducing the manufacture or preventing delivery, of cancelling orders.
- In case of change to the financial or legal situation of the customer, failure to respect its commitments, or termination by the credit insurance company of the guarantee, of demanding guarantees or cancelling orders even if in progress.
3 – DELIVERIES – TIMEFRAMES. The delivery timeframes are given as accurately as possible. They are given for guideline purposes.
- Late deliveries cannot under any circumstances give rise to damages, holdback, cancellation of order in progress, or late penalties.
- The delivery day is the day on which the goods leave the factory and are given to the carrier.
4 – TRANSPORT. In case of damage during carriage or missing items, the recipient is alone able to record the condition of the goods on arrival.
- It is incumbent upon the customer to make specific and significant reserves on the transport receipt in the presence of the deliverer.
- The client must then confirm its reserves to the carrier within 3 days by registered letter with acknowledgement of receipt or by bailiff, in compliance with Article L. 133-3 of the French Commercial Code.
5 – RECEIPT. The customer is bound to verify the goods without delay upon their receipt.
- A discrepancy, greater or lesser, of 10% in the quantities delivered and billed in relation to the order may not be the subject of any claim.
- Defects or faults must be notified by registered letter with acknowledgement of receipt within 8 days of arrival of the goods.
- The customer must allow us every facility to record these defects and to remedy them.
- Our liability is limited to the value of our defective goods.
- The customer undertakes to stop production or block the defective goods upon first noticing the defect.
- Any use of these defective goods by the customer, in breach of the provisions of the previous paragraph, discharges our company of any liability and repairs.
6 – RETURN. No goods may be returned without our prior written agreement.
- The return shall be the subject of a credit note under the following cumulative conditions.
- The return must be made within one month of the official report and our agreement to the terms of this return.
- The goods must be in their original condition.
- The goods must not have been used and must have been verified and accepted by us.
- The costs and risks are always incumbent upon the customer.
- Costs of postage and packing are billed separately to the customer.
- All taxes, duties, levies or other service payable pursuant to the French legislation are payable by the customer.
8 – BILLING. Only one invoice can be issued for each delivery, unless specifically mentioned on the tariff.
- Billing is undertaken at the price and under the conditions in force on the date of ordering.
- The minimum billing amount is defined on the offers.
9 – DISCOUNT. No discount shall be granted in the event of early payment.
10 – PAYMENT – TERMS. The terms of payment are those in force between us and the customer, and mentioned on the offers, acknowledgements of receipt and invoices, while respecting the LME Law Article L. 441-6 I (9) of the French Commercial Code.
11 – PAYMENT – LATE OR NON-PAYMENT. Any sum not paid on its due date shall automatically accrue interest at a rate fixed at 3 times the legal interest rate.
- Any late payment shall additionally give rise to late payment penalties relating to the payment by the non-individual customer of a fixed penalty for recovery costs (Article L. 441-6 (12) of the French Commercial Code). This is fixed at €40 (Article D. 441-5 of the French Code of Civil Enforcement Proceedings).
- Any non-payment or acceptance of bill of exchange shall entail the immediate suspension of any service to the customer.
12 – PAYMENT – GUARANTEES. When the credit deteriorates, we reserve the right to:
- Refuse any later delivery, save in the case of payment in cash before shipping, or to demand guarantees of the customer with a view to execution of the undertakings made.
13 – PENALTY CLAUSE. Any legal action for non-payment of our invoices shall entail collection of a penalty of 15% calculated on the amount of the sums due, with a minimum of €76, in damages.
14 – FORFEITURE CLAUSE. Non-payment of a single instalment shall entail forfeiture of the plan without any formality, with the balance of the receivable becoming immediately payable.
15 – RESERVATION OF OWNERSHIP. In compliance with the provisions of Law 85-98 of 25 January 1985 (Articles 115 to 122), the goods remain our exclusive property until their payment in full. The risks are incumbent upon the client.
16 – JURISDICTION. In the event of dispute, only the Commercial Court of AMIENS shall have jurisdiction, regardless of the nature, the cause and the place of the dispute.
17 – Ets E BOURGEOIS cannot be held liable for damages attributable to misuse or abnormal use of the products, their normal wear and tear, or a third party intervention.