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The agreement of an order gives full control rule to our terms and conditions of sale.
Until the full payment of the sale price, the sold equipment is still the exlusive property of the seller. However, as soon as it is delivered, the buyer assumes alone all the risks, included fortuitous cases and force majeure, and is solely responsible for the damages he might cause.
Delivery times are indicative. Holidays periods are not included in the delivery time.
In any case, the delays in delivery cannot justify the cancellation of the order or give rise to damages, except in case penalties have been formally planned and determined in their quantum, when acceptation of the order.
Transportation is at the expense and under the responsibility of the buyer.
Except opposite agreement, the mounting is at the expense of the buyer.
The warranty is strictly limited to the exclusion of any damages (particularly loss of materials, loss of profits, etc. …) to the replacement of any part (excluding motor) which should be recognized as unusable, the labor costs are always borne by the buyer.
The sellers warranty disappears in case of modification or repair, by the buyer, of the defective pieces.
The replacement of defective pieces does not imply any prolongation or renewal of the warranty.
The warranty of our company is strictly engaged only when our sale contract or our invoice states precisely the terms of a warranty.
Any amount unpaid on the due date will, without any formal demand and as our’s own right, bring interest at the legal rate increased by seven points capitalizable annually : moreover, the debtor will owe, as our’s own right, a compensation equal to 10 % of the outstanding amount.
Any default in execution on behalf of the buyer regarding any of its obligations (particularly the payment of a deadline) will, as our’s own right and 48 hours after sending a formal demand, make payable everything which remains due.
The seller will then be able to consider as immediately resolved as his’ own right, without any formal demand or any modifications and to take back the equipment at any place and in any hands it is, in case of customer’s opposition in accordance with a simple interim order from the President of the Trade Court of Meaux.
In this case, the down payments paid or due will be definitively acquired by the seller as inclusive an irreducible damages and interests, this in accordance with articles 1226 and following of the Civil Code.
In case of cancellation of the sale due to the buyer, he will owe as our’s own right, an inclusive and irreducible compensation equals to 25 % of the net amount HT of the sale, except if the down payments made or due are higher than this compensation.
Present conditions are submitted to French law.
In case of difficulties in the execution of obligations stating in the present general sales conditions, the Parties, will search at first