Except by special written agreement, placing an order involve custormer’s adhesion to the present general sales conditions, whatever the terms and conditions of the documents. The present terms and conditions could be updated at any time and without notice.
RETENTION OF TITLE
ALL GOODS SUPPLIED BY US REMAIN OUR PROPERTY UNTIL WE ARE FULLY PAID IN PRINCIPAL AND ACCESSORIES.
Nevertheless, risks responsability of the goods belongs to the customer (even in all inclusive charge) from the delivery either to the customer or authorised representative, or carrier; the customer must ensure the charges, the safekeeping, the protection after the delivery, and assume the responsability of the damages it can cause; he must therefore purchase an insurance. According to the present retention of title, we are allowed to inventory at customer’s, at any moment, or at a third party where goods were been given, the goods for which payment has not been effected. A document creating an obligation to pay, whether a bill or other instrument, is not a payment as the title is actually paid. The customer is authorized on the context of normal exploitation of its establishment to resell or transform the goods we still own; In the case of resale, he should inform the subsequent purchaser of our ownership.
DELIVERY – CLAIMS DUE TO DEFECTS
The delivery is known to be made at our head office. All of our goods are known to be delivered as compliant without apparent or hidden defects that could appear in the next 72 hours after goods delivery. After that deadline no claims will be accepted. Our responsability is limited only to the defective goods. The delivery times are indicatives and represent our best estimate, this would only commit ourselves by agreement written by us.
Circumstances beyond the will of DEB – Distribution Éléments Béton, that prevent or hinder the execution of our performance will be considered as a force majeure event exempting us from our obligation and responsability.
In the same way, are considered : war, explosions, social conflicts and also lock-out, interruption of the transport, obstacles to the flow of goods, the difficulties with the supply of raw materials or energy, the total or partial destruction of the manufacturing site and / or of the production plant, accidents with tools occuring in our site or supplier’s site, flooding or natural disasters, our site access denial, circumstances coming from an arbitrary decision of a public authority.
We guarantee that our products are in accordance with the standards, technical advice, certifications and particular terms of reference, concerning them. Unless otherwise provided after receiving our written agreement, the products are made with the specified tolerance in use, whatever the use the client will give to it. We will not be responsible for the consequences of a misuse of our products, and eventually of a not propre use to our prescription or the good pratices.
Our goods are invoiced according to the curent rate, on delivery.
Our goods are payable to our headoffice by an accepted claim bill of exchange or a promissory note within sixty days from the issue of the invoice.
The non-acceptance of a bill of exchange or the non-subscription of a promissory note in ten days after the issue of the invoice will be considered as a non-payment.
To a settlement in sixty days of the original deadline, a discount can be granted when a payment is made in the ten days after delivery.
Of express agreement and except requested report on time and agreed by us, the non-payment of our due products, the expiry day means a formal notice, will lead to :
- The immediate payability of all invoices, even if a bill of exchange has been introduced ;
- Regardless of the mode of payment stipulated, by express agreement, a contentious procedure will result in a compensation fixed as a penal clause to 15% of the unpaid invoice, in addition to the reimbursement of any expenses already incurred.
- In case of payment after the original deadline written in the invoice, and beyond thirty days, a late payment fee will be due at the legal interest rate multiplied by 1.5 (prescribed multiplier).
- Furthermore, we would cancel any kind of order still in progress.
For all litigation, the only courts in the judicial district of our head office are competent, even in the case of incidental claims or guarantee or in case of multiple defendants.
Payment by negotiable instrument or by all kind of payment don’t lead to any renewal, nor any derogation to this clause.