Our sales are subject to these general conditions which prevail over any condition of purchase, except formal and express derogation on our part.
Our goods are never taken back or exchanged.
Our delivery times are given as an indication and any delays do not entitle the buyer to refuse the goods or to claim damages.
In the event of late delivery, the buyer can only request the termination of the contract after a period of fifteen days after formal notice to deliver, sent by registered letter with acknowledgment of receipt.
The transfer of ownership of these goods delivered and invoiced is suspended until full payment of the price in principal, costs and accessories under the law of May 12, 1980.
In the event of payment by drafts, bills or checks, this will only be liberating from the day of the actual collection of the value of the draft, bill or check.
In addition, this retention of title also covers the balance in our favor resulting from a current account of all other transactions with the buyer.
This retention of title clause in no way derogates from the provisions of articles 6 and 9 of these general conditions of sale.
To this end, the risk in the event of loss, destruction and deterioration as well as the damage they could cause is transferred to the purchaser.
Even priced free, the goods sold therefore always travel at the risk and peril of the recipient, who must deal with any possible recourse for damage within the legal period of three days.
Any shortage or lack of conformity must be reported to us within three working days of receipt. After this period, our goods are deemed to be compliant and definitively accepted.
Our invoices are made according to our scales in force on the date of acceptance of the customer’s order, which we communicate on request.
In the absence of payment of the price on the dates stipulated, the simple sending of a registered letter with acknowledgment of receipt, will be worth claim with prohibition to transfer the goods claimed and this without prejudice to any damages.
The return of the goods is then carried out at the expense of the defaulting buyer who remains responsible for the risks of the thing until receipt by us of the claimed items, this without prejudice to any damages.
In all cases of late payment, the deadlines of which appear on our invoices, and in the event that we do not exercise our claim, the sums due will automatically bear interest equal to three times the legal interest rate. at the legal rate, this without the need for any formality, from the day after the payment date mentioned on our invoices.
In addition, we will apply a compensation for recovery costs of a fixed amount of €40.
We retain the option of claiming additional compensation for recovery costs exceeding €40 that we know are justified.
If, on the other hand, in the event of late payment, we exercise our claim, it is expressly agreed as a penalty clause that we will retain all the deposits already paid and this without prejudice to damages.
Similarly, following any late payment, orders in progress will be suspended or cancelled, at our discretion, and this, without prejudice to any damages.
For equipment in respect of which we act as resellers of a manufacturer, the contract with our buyers contains the transmission to them of the manufacturer’s warranty. It is up to them to go directly to the manufacturer, so that we are never worried about this head.
It cannot be derogated from these general conditions, neither by a contrary stipulation emanating from our co-contractors alone, nor by the declarations of our employees, but only by written acceptance of our Management.
In the event of a dispute relating to our sales, in the absence of an amicable agreement, the Courts of THIONVILLE will have sole jurisdiction.