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France's leading manufacturer of aluminium moulds

GENERAL CONDITIONS OF SALE

GENERAL

In the absence of a specific contract, All orders automatically imply the customer's unreserved acceptance of the conditions set out below and his waiver of all stipulations that may be printed on his orders., Acknowledgements of receipt, invoices or correspondence.

ORDER

Any special purchase clauses or conditions appearing on the customer's order form, that would be in opposition to these conditions, would be considered void. No addition, omission or modification to any of the provisions of these general conditions of sale will not bind the seller, unless accepted in writing by him

PRICE

Orders are specially manufactured according to the customer's specifications or specifications and are sold on quotation. Offers are only valid within the option period, which unless otherwise stipulated, is six months. Our prices are net of VAT and all other taxes or duties, Packaged goods ex-works.

TIME

Delivery times are given in good faith, Exceeding these may not result in, nor the cancellation of the order, Neither compensation or penalty for delay even if the seller has been unable to meet his commitments when fortuitous events or force majeure occur, or its shipment.

PAYMENT TERMS

Our services are payable at our head office, or cash, either within a specified period of time, and in the following two cases the conditions specified in our offer or upon our acceptance of the order. The provision of tools or more generally the issuance of a delivery note constitutes the general fact of invoicing. "In accordance with Articles L.441-3, L.441-6 and D.441-5 of the French Commercial Code, Any payment of invoices occurring after the expiry of the payment period will result in the obligation to pay us the fixed recovery compensation provided for by the aforementioned texts. This indemnity, fixed rules? mentarily to 40 € , is due by unpaid invoice " .

LIMITATION OF LIABILITY

In case of defect or non-functioning of the tools, The seller's liability is limited to the replacement of the parts in question for any defect in material or workmanship.. Proof of the defect or defect incumbent on the customer. The seller cannot be held liable for defects resulting from : normal wear and tear of tools, Transportation , lack of supervision or maintenance, storage or handling conditions, abnormal or excessive use that was not foreseen when ordering. The seller can not be held responsible if modifications have been made by the customer without the agreement of the seller and if the assembly of the tools is not carried out by the customer according to the rules of the art. The seller can in no way be held responsible for losses, personal injury or material accidents caused by any failure of its supply. In any case the seller's liability is limited to its staff and its own supply..

RETURN

Any claim of non-conformity must be made as soon as possible by registered letter with acknowledgment of receipt, at the latest 10 days after the tools are made available. No return can be made without the prior agreement of the seller. The tools will be returned at the risk and expense of the customer if his responsibility is recognized. Otherwise the seller will bear the risks and costs of the return.

RETENTION OF TITLE

We reserve ownership of our delivered orders until payment of the full price set, In accordance with the provisions of the law 80-335 of the 12.05.1980. Accordingly, As soon as the goods are made available, the customer will ensure their custody and will bear the risks both with regard to us and to that of the brokers.. It shall be bound by the obligations incumbent on the custodian of the said goods..

INDUSTRIAL PROPERTY - CONFIDENTIALITY

The transfer of tools does not entail the transfer, to the customer ; the seller's intellectual or industrial property rights for its manufacturing studies. The elements and documents of any kind provided by the seller must be returned to him on request without the need for a formal notice. On no account, the client cannot dispose of the studies, projects, prototypes, documents, patents or know-how of the seller for himself, nor disclose them to anyone without having acquired ownership or more generally a formal agreement of the seller. However, if a study has a certain degree of complexity, The seller can offer a study contract. This will then be subject to specific invoicing. In this case the plans and documents will become the property of the buyer, if expressly agreed.

TRANSPORT, INSURANCE

The goods travel at the risk of the customer ; It is the responsibility of the consignee to check the shipments on arrival and to issue reservations to the carrier if necessary., in accordance with the provisions of Articles 133.3 and 133.4 of the Commercial Code and this even if the shipment was made free. The seller can, on special instructions of the customer insure the transported goods. In that case, The customer will bear the corresponding additional costs.

GOVERNING LAW

These general conditions of sale and the resulting contractual relations are governed by French law..

ATTRIBUTION OF JURISDICTION

For any dispute, even in the event of an incidental request, of appeal in guarantee or plurality of defenders, It is expressly agreed that the competent court will be the one whose jurisdiction is exercised over the locality where our registered office is located.. Our drafts or acceptances constitute , nor novation, nor derogation from this jurisdiction clause.