General provisions :
These general conditions of sale are only valid and deemed accepted by the buyer. Any clause to the contrary must be the subject of a written agreement. Conclusion of the contract: The information or recommendations given in the catalogs, manuals and scales concerning SRT-MICROCERAMIQUE products are given in good faith, but do not in any way constitute a guarantee as to the suitability of a product for a specific application or as to the use that one makes of it unless SRT-MICROCERAMIQUE has made a written commitment to the customer at the time of conclusion of the contract.
The prices indicated on any offer made by the company SRT-MICROCERAMIQUE are only binding for an immediate response, unless otherwise stipulated. Our prices are exclusive of tax, from our company, plus VAT, and have been established on the basis of the economic conditions in force on the day of the offer. These prices may be modified in the event of a change in regulatory provisions, changes in quantities or incidents necessary for the execution of the order. Any change in price can in no case be a reason for canceling the order.
All our goods travel at the risk and peril of the buyer, regardless of the mode of transport or the conditions of transport, carriage paid or postage due. It is therefore recommended that our customers do not release the last carrier until they are satisfied that the shipment is complete and in perfect condition. In case of damage, missing, etc. ... it is up to the recipient to make precise and reasoned reservations on the transport slip and to send his complaints by registered letter to the last carrier and also to notify us in writing in a three days from the date of receipt. This precaution is often useful even in the case where the packaging does not show any external trace of impact. The delivery times indicated by the company SRT-MICROCERAMIQUE start from the date of the order acknowledgment. Unless expressly agreed otherwise, these deadlines are given for information only.
Payment Terms :
The goods are payable at the head office of SRT-MICROCERAMIQUE. Their availability constitutes the event giving rise to invoicing. Unless special conditions, payment for goods is made within 30 days by draft, check or bank transfer. Any delay in payment, including crossing the due date, results in the application of penalties in an amount equal to one and a half times the legal interest rate calculated from the 8th day of delay. SRT-MICROCERAMIQUE will also have the right - without formal notice - to suspend or cancel the execution of the contract or of the orders in progress and to require the cash payment before shipment of any new supplies whatever the conditions previously. agreed for this supply. Regardless of the foregoing provisions, the implementation of a recovery procedure will give rise to the application of a compensatory allowance to cover the costs incurred. In the event of a discount, this will be deducted from our taxable turnover; the amount of deductible VAT must therefore be reduced by that relating to the discount.
Unless otherwise stipulated, orders are executed in accordance with standards if any and with customary tolerances, in current qualities and without regard to the special use for which the purchaser intends them. The receiver must immediately check the quantity and quality. Any complaint must be made in accordance with the standards in force and, in the absence of standards providing otherwise, by registered letter with acknowledgment of receipt at the latest within 15 (fifteen) days after the discovery of the defects or vices and any possible action must, to be admissible, be brought within the customary period of 2 months following that of the complaint. The products manufactured by the company SRT-MICROCERAMIQUE are guaranteed for a period of one year from the date of delivery. As such, the company SRT-MICROCERAMIQUE can only be held in any event for the pure and simple replacement, at the lowest transport rate, of products recognized as defective, without further compensation, the products thus replaced remaining its property. Defects resulting from storage, assembly or use of products by customers in abnormal conditions or not in accordance with the rules of the art are excluded from all guarantees and do not give rise to any liability. SRT-MICROCERAMIQUE does not accept any return of goods without having previously authorized it. Any return request must be made by the buyer within a maximum period of 15 (fifteen) days following the delivery date.
Retention of ownership:
In accordance with Law No. 80-335 of May 12, 1980, SRT-MICROCERAMIQUE reserves ownership of the goods delivered until full payment of the price and its accessories. The delivery of bills of exchange or other instruments creating an obligation to pay does not constitute payment. In the event of total or partial non-payment of the price at maturity, for any security whatsoever, SRT-MICROCERAMIQUE may demand, as of right and without formality, the return of the goods, at the expense, risk and peril of the customer. . Goods in stock in the buyer's stores are deemed to relate to unpaid invoices. The buyer is expressly prohibited from reselling or handing over to a third party for any reason whatsoever or from conferring on this third party any right over the goods delivered and not paid for. The goods must be returned to SRT-MICROCERAMIQUE upon first written request, at the expense, risk and peril of the purchaser, who undertakes to do so. The down payments paid to SRT-MICROCERAMIQUE will remain acquired as initial damages and without prejudice to any others that could be claimed from the buyer.
Attribution of jurisdiction :
In the event of a dispute, French law is the only one applicable and the Tribunal de Commerce de Blois has sole jurisdiction, regardless of the terms of sale and the method of payment agreed, even in the event of a guarantee call or multiple claimants and of defendants.