S.A.R.L. DISTRIBUTION OD – TERMS OF SALES
The sales are subject to these terms and conditions on any purchase conditions unless written waiver by us.
ARTICLE I – ORDERS
Any order placed on S.A.R.L. DISTRIBUTION OD implies ipso jure acceptance of these terms and conditions.
- A)Consideration of commands: for an order to be registered , the customer must :
– be up to date with current regulations,
– Not be in a state of reorganization or liquidation.
- B)Acceptance of orders : we are bound by the commitment of our employees and by verbal or written orders subject to written confirmation or shipping goods from us.
- C) Port: for each sales operation , it is indicated on the order form if the sale is FRANCO or PORT ADVANCE.
- D) Transport time :
D.1: the delivery is done by delivery of goods directly to the customer, the carrier selected by the S.A.R.L. DISTRIBUTION OD. In any case, the goods at the risk and peril of the customer.
D.2: for delay, damage or total or partial loss, it is the client to exert himself any recourse without ever responsibility for S.A.R.L. DISTRIBUTION OD can be questioned.
Reminder: Article 105 of the Commercial Code requires that for a claim to be admissible by the carrier, must meet the following conditions:
– Note the precise reserves on the delivery of the delivery carrier,
– Within 72 hours, send a registered letter to the delivering carrier (if the carrier whose name appears on the list).
D.3:claims about the characteristics, quantity or weight of the goods delivered or non compliance with the packing slip, must be made in writing within three days of receipt of the goods, without prejudice to the arrangements vis-à-vis operators (see reminder D.2).
D.4: delivery times are indicative and customer waives any compensation in respect thereof.
- E) Preliminary agreement for return: no goods should be returned without prior agreement of the S.A.R.L. DISTRIBUTION OD. The return is at the expense, risk and peril of the customer. Returned goods without prior agreement of the S.A.R.L. DISTRIBUTION OD will be held available to the customer at its expense and risk.
F.1:prices are payable on the date specified on the invoice without exceeding the limits provided in Article L. 441-6 of the Commercial Code
. Payments are made payable to S.A.R.L. DISTRIBUTION OD to his billing address.
F.2: no withholding on payments or changes in the form of a correction rate can be made by the customer for any reason whatsoever.
F.3: If payment or partial payment delay:
1) a penalty equal to 3 times the legal interest rate will be applied automatically and without notice from the payment date on the invoice
2) a lump sum of € 40 per invoice for recovery costs will be billed to the customer in addition to the penalties.
3) deliveries are suspended until full payment of all amounts due with interest thereon.
F.4: payment by negotiable instrument of surrender is allowed only if it has been expressly accepted by the S.A.R.L. DISTRIBUTION OD and mentioned on the invoice. The client undertakes in this case to return the commercial paper within eight days following the sending of the invoice.
F.5: should the payment or acceptance of bills are not made by the due date, all sums due for the order in question and all other payments due to the S.A.R.L. DISTRIBUTION OD few natures they are, become immediately payable regardless of the terms previously agreed, without any formal notice from us. It is the same whether a change in the legal capacity or the customer’s business a sale, lease or contribution to a company of its business, taking a pledge on this fund, or (if s ‘is a commercial company) a change in the personality of its managers or administrators or in the form of this company or its legal or financial position, adversely affect the customer’s credit.
In addition, as provided in Article F.5 or in case of breach by the client of any of obligations under these Terms of Sale, we reserve the right to see the resolution of right the (or) sale (s) taken (s), resolution will take effect ten days after a formal notice by registered letter with acknowledgment of receipt without effect.
If resolution of right, the customer agrees to return the goods in the S.A.R.L. DISTRIBUTION OD without delay and at the first request, all at his own expense.
ARTICLE II – RESERVATION
1: S.A.R.L. DISTRIBUTION OD continues to own all goods delivered until full payment of all amounts due under the above article. Nevertheless and by express agreement, the goods at the risk and peril of the customer (even if returned). The latter, as the guardian of the thing, is responsible for all damages and losses occurring after delivery and shall take all necessary measures to allow any time for identifying the goods that had sold him the S.A.R.L. DISTRIBUTION OD.
Otherwise, all goods in stock will be sold by the alleged S.A.R.L. DISTRIBUTION OD, outstanding and subject to retention of title.
2:the customer can continue selling the goods, it being specified that may keep the share in the S.A.R.L. DISTRIBUTION OD amounts received until maturity.
3: S.A.R.L. OD DISTRIBUTION reserves the right to reclaim any goods in the event of default of a deadline, the customer undertakes to return them to the S.A.R.L. DISTRIBUTION OD, all at his own expense, on first request of the S.A.R.L. DISTRIBUTION OD.
4:S.A.R.L. DISTRIBUTION OD may jeopardize this clause for all or part, at its option, of the goods concerned.
5: in the event of bankruptcy, suspension of payments or bankruptcy proceedings of the same nature or one of the procedures provided in the Law on recovery and liquidation of businesses or if enforcement of the law on settlement, the customer must notify the LLC DISTRIBUTION OD immediately order an inventory of the goods can be compiled without delay and that the retention of title clause can possibly be implemented.
6: in the cases referred au3, 4 and 5, the customer agrees not to pursue the sale of goods without the consent of the S.A.R.L. PLASTI-sone.
7: S.A.R.L. DISTRIBUTION OD may also claim the hands of subsequent purchasers, price or part of the price of goods sold by it with title retention clause which has been neither paid nor settled in value or offset current account between the client and its sub-purchasers. To exercise this right, the customer agrees to provide the S.A.R.L. DISTRIBUTION OD without delay and at first request all information or documents useful for sub-purchasers (identity, quantity sold, sales of state, mode and time of payment, etc., invoice, sales journal, etc.).
ARTICLE III – SECURITY
Goods sold are guaranteed against defects of operation from a defect in material, workmanship or design under the conditions below. Vice operation must appear in a period of 8 days from delivery for use of well defined in the order. The guarantee is excluded:
– The defective material or design comes from the buyer,
– If the fault is a result of an intervention on the property without authorization,
– If the defective operation comes from normal wear and tear or neglect or lack of maintenance on the part of the buyer,
– If the defective operation results from improper use of the property
– If the defective operation results from force majeure.
ARTICLE IV – LEGISLATIVE AND LEGAL JURISDICTION
Only the French law is applicable. It shall have exclusive competence to award the courts of Lyon, even in case of multiple defendants, the whole constituting, for S.A.R.L. DISTRIBUTION OD, a substantial condition without which it would not have treated.
Acceptance of settlement or payment outside Irigny not imply any novation or derogation to this clause.