Condições gerais de vendaAs

As condiçoes gerais de venda esta disponivel em dois idiomas: Francês e Inglês.

ART. 1  GENERAL

1.1  Unless otherwise expressly agreed in writing, all goods are sold upon the following terms and conditions to the exclusion of any terms and conditions of the Purchaser.

Acceptance of delivery of the goods shall constitute acceptance of these conditions.

1.2 Any reference made to trade terms is deemed to be made to the relevant term of Incoterms 2010 published by the International Chamber of Commerce.

1.3 No modification of the Contract is valid unless agreed or evidenced in writing.

 

ART. 2 Orders

2.1 Orders conditions

Orders are accepted by our company only when they have been confirmed in writing.

Orders received by phone are not accepted.

We accept orders without minimum amount. Orders under 150 € will be charged with 20 € fees.

To be validated, an order must be signed by a legal representative and bear the company’s stamp. In case of any doubt about the validity of the signature, DL EQUIPEMENT reserves the right to ask for a written confirmation by e-mail, post or fax.

An order paid with proforma invoice is deemed to be accepted by the client.

An acknowledgement of receipt will be sent to the client as validation.

The availability of our products is based on our stocks, in case of orders out of stocks a

replenishment lead time will be communicated.

2.2 Orders modification:

A validated order cannot be cancelled otherwise the total price will be invoiced to the client.

A definitive order can only be modified if a written acceptance of the modification by the two parties has been previously agreed.

In case of the client’s credit insurance rating deterioration, or if the seller has serious doubt about his ability to fulfill its payment obligations he’s authorized to:

-       Cancel every order even definitive

-       Require payment or a serious guarantee before delivery. In this situation payment means receipt of payment

 

ART. 3 SPECIFIC QUOTATION CONDITIONS:

3.1 Quotations are valid for a two months period starting from the date of dispatch.

Validation of the quotation shall constitute acceptance of these conditions.

In case of any doubt about the validity of the signature, DL EQUIPEMENT reserves the right to ask for a written confirmation by e-mail, post or fax.

3.2 To be validated, an order must be signed by a legal representative and bear the company’s stamp.

In case of any doubt about the validity of the signature, DL EQUIPEMENT reserves the right to ask for a written confirmation by e-mail, post or fax.

 

ART. 4 COMPANY’S COMMITMENT AND LIABILITY:

4.1 DL EQUIPEMENT shall not be considered responsible for all risks due to the use of its products.

In case of specific manufacturing DL EQUIPEMENT will be allowed to ask for any specificities and characteristics concerning the awaited products.

DL EQUIPEMENT shall not be responsible in case no answer from the client is received.

4.2 DL EQUIPEMENT ensures that its products comply with the legal prescription of the French labour law and particularly concerning the working time.

Our products are CE marked indicating their conformity to the PPE directive (personal protective equipment directive). This means that the products comply with the EU legal framework on personal protective equipment. However the clients are engaged to check their national rules and standards.

4.3 Concerning the sales outside the European Union it is required from the clients to check their national legal and standard rules concerning the use of the products.

DL EQUIPEMENT shall not be responsible in case of non-conform use of the products.

 

 

ART 5 DELIVERY and conformity of the products

5.1 The Company will use its best endeavour to deliver at the time stated and all delivery dates shall be regarded at best as estimates only. The purchaser must accept the actual delivery date and the Company shall not be liable for any losses, costs, damages or expenses suffered by the purchaser or any other party as a result of any delay in delivery.

The products are sold under FCA INCOTERMS 2010 from our premises located 91 ter Avenue  Jean Jaurès 02300 CHAUNY France.

The company can adapt the Incoterm to the client situation and in that case it will be notified on the order confirmation.

The buyer bears the transportation risks of the products and shall control the products under their arrival and make reserves confirmed in written within 3 days of the receipt.

 5.2 The buyer must do its best to keep its rights toward the carrier in case of missing goods, loss or damages.

Without excluding the provisions against the carrier, the Buyer shall examine the goods as soon as possible after their arrival at destination and shall notify the Seller in writing of any lack of conformity of the goods within 2 days

 5.3 Where goods are non-conforming the Seller shall replace the goods with conforming goods, without any additional expense or compensation to the Buyer.

5.4 No goods may be returned to the Company without the Company’s prior written consent.

 

Art 6  PRICE and Payment conditions

6.1 Prices given are only indicative, final invoices will be based on the price in force at the delivery time.

All prices are given in Euros (€) except VAT INCOTERM 2010 EXW (Europe) / FCA (outside Europe)  from our premises 91 ter Avenue Jean –Jaurès 02300 CHAUNY.

6.2 In case of raw materials price substantial increase, DL EQUIPEMENT could not guarantee its prices over already confirmed orders.

6.3 Unless otherwise agreed payment must be made cash through pro-forma invoice or at the definitive invoice reception.

Specific payment conditions, with 60 days threshold, can be obtained with the seller’s written agreement.

6.4 Advance payment creates a 1% discount for the buyer, if payment 12 days maximum after invoice date.

6.5 We accept payment through the following means: bank transfer or bill of exchange.

6.6 Invoicing policy :

DL EQUIPEMENT will issue invoices for each delivery. In case of multiple delivery a bi-monthly invoice could gather all the deliveries.

 

Art. 7  delayed payment

7.1 Failure to make due payments in respect of deliveries or instalments under this or any other contract with the seller shall entitle to delay, suspend or cancel deliveries in whole or in part at its option.

7.2 In case of total or partial non-payment of an order at the due date, the amounts due under this order or other orders already executed or under delivery will be due immediately after written notice.

7.3 If the buyer does not pay a sum of money when it falls due the seller is entitled to interest upon that sum from the time when payment is due to the time of payment.

7.4 Unless otherwise agreed, the rate of interest shall be 8% above the European Central  Bank short-term lending rate.

7.5 40 euros debt recovery indemnity shall be also invoiced. This indemnity is due without specific notice and is applicable for each unsettled invoices.

7.6 Complementary to these interests and indemnity a penalty clause will be applied, based on 15 % of liquidated damages. These liquidated damages are calculated on the amount of the overdue debt.

 

Art. 8 Retention of title

8.1 The goods shall remain the property of the Seller until the complete payment of the price.

8.2 Products replaced under non conformity claim remain the seller’s property.

 

ART. 9 FORCE MAJEURE

Strikes, war, epidemic, transports and equipment shortage, accidents and all other situation causing temporay lay-off shall be considered as force majeure cases and shall authorize the suspension and delay the execution of the orders without any penalties or cancellation possibilities from the buyer.

 

Art.10 Applicable law and Resolution of disputes

10.1 These sales conditions are governed by the French law.

10.2 All disputes arising in connection with the present conditions shall be settled by the Tribunal de Commerce de Saint-Quentin

 

ART.11  Insurances :

11.1 DL EQUIPEMENT is insured for professional liability and against professional risks

11.2 DL EQUIPEMENT will decline its responsibility for improper or misuse of its products over their technical specificities and certification frame.

11.3 DL EQUIPEMENT could not be liable for risks linked to the use of its products.


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