Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

I. ORDER

Placing an order implies formal acceptance of these terms and conditions, which by express agreement take precedence over those of the purchaser. The customer acknowledges having read and accepted the terms and conditions of these terms and conditions of sale.

II. PRICES

The prices indicated are for goods ex-stock or delivered to the customer in accordance with the conditions specified in the price list. These prices are subject to any changes in exchange rates, import conditions, our suppliers' prices or new tax regulations. The final prices, whether higher or lower, will be those of the price list in force on the day of delivery. Prices are given for unpacked goods or goods in standard packaging. Any special packaging will be invoiced.

III. DELIVERY

Delivery times are given for information only and are non-binding and are always ex works. Delays or defects in delivery may never give rise to damages or compensation of any kind, but to cancellation of the quantities still to be delivered, subject to formal notice including a minimum lead time of 15 days. Delivery deadlines, even if firmly stipulated, are automatically suspended in the event of force majeure. Unless otherwise stipulated, goods are deemed to be delivered ex works and are transported at the recipient's risk. Our company reserves the right to make partial deliveries with the corresponding invoicing: in this case, any partial delivery must be considered as a separate contract and, consequently, the purchaser may not, under any circumstances, take advantage of the fact that he is awaiting the balance of the goods ordered to defer the corresponding payment. The quantities ordered will be delivered and invoiced within a tolerance of 10% more or less to cover any surpluses or shortfalls that may occur during manufacture.

IV. TRANSFER OF RISK

The transfer of risk of loss and deterioration of the goods will take place as soon as the goods are made available in our stocks for delivery to the purchaser, regardless of the date of payment and receipt of the goods by the purchaser.

V. RECLAMATIONS

No claim will be accepted after a maximum period of 8 working days following receipt of the goods, and provided that the goods remain in the condition in which they were delivered by our company. Any returns not authorised by our company will be refused. If any goods are found to be defective, the purchaser shall have the right to request their replacement, to the exclusion of any other damages. The characteristics mentioned in our catalogues, prospectuses and advertising documents are, unless otherwise stipulated, only indicative. We reserve the right to make any necessary changes to our models, even after orders have been accepted, without this affecting the essential characteristics and performance. Concerning private individuals: any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of disputes of a contractual nature concerning the performance of a contract for the supply of goods or services. Information on how to set up mediation is available at www.economie.gouv.fr/mediation-conso.

VI. RETURN OF GOODS

No goods will be taken back without a delivery note number. Goods may only be returned with our prior agreement, on request made within 8 days of receipt of the goods. After this period, no claims will be accepted from customers who have not opened an account with the seller, and no returns will be accepted. Returns will only be credited once they have been received and examined in our shops. Goods ordered specially at the customer's request cannot be taken back.

VII. GUARANTEES

Goods travel at the customer's risk and it is the customer's responsibility to check that the goods are in good condition at the time of delivery. This verification must cover the quality, quantities and references of the goods as well as their conformity with the order. No complaint will be taken into account after a period of eight days from the date of delivery. Our guarantees are strictly limited to those granted to us by our suppliers. It is up to our suppliers to decide on the replacement of products they recognise as defective, with the cost of carriage to and from the factory being borne by the purchaser. No compensation may be due for immaterial damage such as loss of earnings or payment of compensation to third parties. To be able to invoke the benefit of the present guarantee, the purchaser must be able to satisfy the conditions of payment of the invoice.

VIII. PAYMENT

Our invoices are payable at our registered office, regardless of the place of delivery. Payment consists of the actual collection of the amount credited to our account. In the case of deferred or forward payment, payment does not mean the simple handing over of a bill of exchange or cheque implying an obligation to pay, but actual payment on the agreed due date. Taxes included in the invoice are paid at the same time as the price excluding taxes. The terms of payment are those set out in the order confirmation. Invoices are dated from the day on which the goods are made available, without any deferment of date. The term of payment begins on the date of the invoice and under no circumstances on the date of delivery or acceptance. No discount for early payment will be granted unless expressly agreed by the company. The VAT deductible or not by the customer must be reduced by the amount of the taxes relating to this discount. Any order or part of an order will only be executed by our company insofar as the purchaser has previously paid, in principal, interest and costs, on the agreed due dates, the amount of the deliveries previously made to him. No discount will be granted for early payment.

IX. PAYMENT GUARANTEES

Our company reserves the right, during the course of the contract, to request the payment guarantees it deems necessary, failing which the contract may be terminated by operation of law without damages.

X. PENALTIES FOR LATE PAYMENT

Any sum not paid by the purchaser by the payment date shown on the invoice shall automatically, without prior formal notice from our company, bear interest at a rate equal to three times the legal interest rate in force on that date, pro rata to the number of days late from the day following the payment date shown on the invoice, up to a maximum of three hundred and sixty-five days. In addition, a fixed penalty of €40 will be charged. (art. L 441-3 of the French Commercial Code). These penalties are automatically due on the day following the date of payment shown on the invoice, or failing this, on the thirty-first day following the date of receipt of the goods or performance of the service.

XI. FORCE MAJEURE

In the event of force majeure, orders and deliveries will be suspended and delivery deadlines extended by the duration of the event constituting force majeure, without any obligation on our part to subsequently deliver the goods that should have been delivered during this period, if the occurrence of this event makes performance of the contract more onerous. Any event beyond our control, including but not limited to internal or external strikes, acts of nature or acts of third parties, notwithstanding their resistible and foreseeable nature, shall be deemed to be force majeure.

XII. RETENTION OF TITLE

The goods sold remain our property until full and effective payment of the sale price by the purchaser. Our company reserves the right to invoke this clause by simply taking back the goods, particularly in the event of the purchaser's receivership or liquidation proceedings, even if the goods have been altered or resold. Any deposit paid shall be retained by us by way of compensation. Until they have been paid for in full, our goods are in the custody of the purchaser, who must bear the risks of loss and deterioration that they may suffer or damage that they may cause for any reason whatsoever.

XIII. ATTRIBUTION OF COMPETENCE AND JURISDICTION

Any dispute relating to the interpretation or performance of these terms and conditions shall, failing amicable resolution between the parties, be subject to the exclusive jurisdiction of the courts within the jurisdiction of FORMIT TECHNOLOGIE's registered office and to French law.