ACCEPTANCE OF ORDERS
Details shown on printed catalogues, pricelists and schedules are given by the vendor for indicative purposes only. Orders are not treated as having been accepted by us unless they have been acknowledged in writing.
The limits of supplies and services are those indicated in our offers and estimates, subject to modifications set out in our acknowledgement of order.
ORDER DELIVERIES
Delivery deadlines provided are given for indicative purposes only and any subsequent delays do not entitle the purchaser to cancel the order, refuse the merchandise or claim compensation and damages. In all cases and even if the principle of penalties has been allowed, we are discharged from any undertaking of any kind whatsoever in regard to the following:
if the payment conditions have not been met by the purchaser or if the purchaser’s specifications or details did not reach us in good time;in the event of force majeure.
Deliveries are deemed to take place in our factories. Packing is at the customer’s charge and will not be taken back unless specified otherwise in our acknowledgement of order.
If shipment is delayed for any cause outside of the vendor’s control, storage and handling charges are at the customer’s charge.
Even in the case of carriage-paid price fixed for the convenience of the purchaser, our goods travel at the addressee’s risk and liability.
It falls to the purchaser to verify shipments on arrival and, where appropriate, to exercise recourse against the carrier.
PAYMENTS
No claims relating to any supply whatsoever release the purchaser from its obligation to settle invoices at their due date.
In the event of partial delivery of an order, the outstanding part thereof cannot delay settlement in respect of the part delivered.
In the case of non-payment at due date and without the requirement for further notice, the purchaser will pay, in addition to the price, a late payment penalty calculated at the rate of 3 times the legal interest rate and depending on the number of actual days delay between the date of payment under the contract and the date of collection (Law of 4 August 2008 applies).
In addition, in the event of legal proceedings, the amount claimed will be increased by 20% of the sums due, as compensation and damages (subject to a minimum surcharge of EUR76.22).
In the event of discount off invoice, the rate of discount is 0.6% per full month calculated on the amount of the payment due; the amount of VAT is reduced accordingly (Law of 31 December 1992 applies).
OWNERSHIP
Surveys and documents remain the property of the vendor. These documents may not be disclosed to any other person without the vendor’s written authorisation.
WARRANTY
Warranties apply only to the equipment delivered by us and with respect to the purchaser only and not to any third parties to whom the equipment may be resold.
The warranty period, where it is provided, runs from the date the goods are placed at disposal or delivered, and any repair, modification or replacement of equipment shall not have the effect of extending the warranty period.
Our warranty is limited to the reinstatement of our equipment and it is expressly agreed that we are not bound to offer any compensation in respect of any direct or consequential damage.
JURISDICTION
In the event of any dispute of any nature whatsoever, the Commercial Court of Roubaix has sole competence.
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