STANDARD TERMS & CONDITIONS FOR SALE OF GOODS
1.SALE
Any order means the agreement of general sales conditions hereafter described, unless any special agreement in writing or an overriding clause is into force.
2.PRICE
Prices indicated on the price list are valid for 60 days from your purchase order. They are determined regarding economic, social and fiscal situation at the time of the delivery. The price is steady at the time of the order confirmation on the condition the purchaser complied with payments terms. If he did not, the price will be the one into force for the delivery.
3.DELAY
If no time-limit is specified on the order confirmation, the good is available at our warehouse according to our manufacturing delays. Any delay in delivery superior to 60 days even if we are liable for this will not lead to a price review as it is specified in Clause 2. Any delay in delivery superior to 120 days compared to the date on the order confirmation unless special agreement, allows the purchaser to cancel the order by the means of a registered letter with an acknowledgement .
4.FORWARDING
When we are in charge of the forwarding of the good, our responsibility stops as soon as the good is delivered by the purchaser or his representative .If the buyer chooses to collect the good himself, risk will pass when goods are entrusted to him or set aside for the collection, whichever happens first. All complaints have to be addressed within three days from the delivery date to the supplier thanks to a registered letter with an acknowledgement.
5.CONFORMITY OF MATERIAL AND SAMPLES SAMPLES
Samples are proposed as example. The accurate identity of products can’t be a guarantee of conformity.
NATURAL SAMPLES
Samples define the material regarding its general characteristics and origins but does not imply a total conformity in colour, crystallization, graining, drawing with raw materials used for the manufacturing of the product. More particularly, marble, marble plates, stones and any other rocks as natural material, some particularities as verse wholes, glass, shell, knar and blob, rust, tone irregularities can’t be considered as defect nor be a mean of cancellation of order nor price reduction.
ARTIFICIAL MATERIAL
Regarding refractory products, rock and ceramics, dimensions and colours mentioned on brochures, as well as colours samples, are indicative without any conformity binding with the delivered good. Considering these variations, refractory products, rocks and ceramics neither are returned nor exchanged. The warranty is limited to defective items.
METALLIC MATERIALS
Regarding metallic materials, the appearance at the front may let appear some looking differences by reason of manufacturing means.
CHARACTERISTICS
As we depend on our raw-materials suppliers, we can’t guarantee dimensions or tools novelties allowing a strictly respect of the general appearance of the product or of components.
6. WARRANTIES
For a use in accordance with the manufacturer’s use directions, imperfect goods are guaranteed for a period of one year unless in case of a latent (that is governed by civil law, article 1641). The warranty of ovens excepted accessories, with the same conditions of use and instructions is a 10 year warranty for a domestic use or 5 years for a professional use (with our table) in EEC + Norway and Switzerland. In other areas the warranty is valid for 1 year for professional or domestic use. The warranty is available on conditions of the installation in conformity with our enclosed Assembly Instructions for the delivery. Technical data as well as requirements are supposed to be known on and after delivery and warranty bill acknowledgement.
7. PAYMENT
Every sale is paid in Jeanménil, inclusive price without any discount. Unless particular clause, payment terms are: 30 % deposit on our account with the P.O the balance according to particular terms. The balance can’t be carried forward, for any reason including a dispute. Eventually if payment terms had been granted, it is possible to pay before the payment due date.
8. CANCELLATION OF THE ORDER It is a firm and irrevocable order, unless in case of a delay superior to 120 days caused by the manufacturer or a particular express agreement specified on the purchase order.
9. PROPRIETY CLAUSES The manufacturer is the sole owner of the good till the payment of the good and accessories. In case of payment failure regarding one term, the sale is legally cancelled 8 days after a formal notice to the attention of the purchaser by the means of a registered letter with acknowledgement. Risks in the good shall pass to the buyer upon receipt of the good. In case of non-payment, the supplier can take back the good ; in this case risks shall pass to him.
10. JURISDICTION
Commercial court located in Epinal is ability to govern any claim even in case of the matter of guarantee or of several defendants unless if another clause exists.
11. PENALTY CLAUSE
Any unpaid instalment at due date is overcharged by 10 %. Any sum due to the maturity date will be increased, as penalty clause, as an equal compensation with three times the legal, applicable interests rate on the amount incl. V.A.T of the sale price and as a fixed forty euro compensation for recovery expenses.