1) GENERAL CLAUSE

Our sales are subject to these general terms and conditions, which shall prevail over any purchasing conditions, unless expressly and formally agreed otherwise by us.

2) CONFIDENTIALITY

All studies, drawings, designs, and documents provided or sent by us remain our property. They may not be disclosed to third parties by the buyer for any reason whatsoever.

3) CONTRACT FORMATION

When a quotation is issued by us, it constitutes the specific terms and conditions that modify or supplement these general terms and conditions. In the event of an order received from the buyer, such order shall only be considered definitively accepted by us after our written acceptance. This written acceptance shall constitute the specific contractual terms and conditions.

4) DELIVERIES AND TRANSPORT

Unless otherwise agreed, delivery shall be deemed completed at our factories or warehouses. If delivery is delayed for a reason beyond our control, it shall be deemed to have taken place on the agreed date. Unless otherwise agreed, the buyer shall be responsible for all transport costs and risks relating to the goods sold after delivery.

5) RETENTION OF TITLE

The seller retains ownership of the goods sold until full payment of the principal amount and any additional charges has been received. Failure to pay any instalment may result in the goods being reclaimed. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss or deterioration of the goods sold, as well as any damage they may cause.

6) PRICES, PAYMENT TERMS AND PENALTIES

Prices are quoted exclusive of taxes. Their nature (fixed or subject to revision) and amount are specified in the specific terms and conditions.

Unless otherwise agreed, prices are payable upon receipt of invoice. In the event of late payment beyond the agreed due date, the amounts owed shall automatically bear interest, without the need for prior notice of default, at a rate of one and a half times the current bank base rate, without affecting the enforceability of the debt.

Failure to pay any instalment shall make all other outstanding instalments immediately due and payable, even if they have been covered by bills of exchange. Unless otherwise agreed, no discount is granted for cash payments.

7) WARRANTY

The goods sold are guaranteed against any operating defect resulting from defects in materials, manufacturing, or design, under the conditions set out below.

The operating defect must appear within a period of twelve months from the delivery date, for use of the goods as defined in the order.

The warranty shall not apply:

  • If the defective material or design originates from the buyer;
  • If the operating defect results from any intervention on the goods carried out without authorization;
  • If the malfunction results from normal wear and tear, negligence, or lack of maintenance by the buyer;
  • If the malfunction results from force majeure.

Under the warranty, the seller shall replace free of charge any parts recognized as defective by its technical services on the goods sold, provided that the goods are returned to our workshops.

This warranty covers the cost of parts, labour, and return shipment of the goods to the buyer.

Replacement of parts shall not extend the warranty period specified above. Furthermore, if shipment of the goods is delayed for a reason beyond the seller’s control, the starting date of the warranty period shall be postponed, without this postponement exceeding six months.

8) FORCE MAJEURE

Our company shall not be held liable for any delay or failure to perform its obligations in cases of force majeure, such as natural disasters, severe weather conditions, flooding, fire, explosion, national strikes, civil disturbances, abnormal delays caused by suppliers, or shortages of materials and products.

9) AUTOMATIC TERMINATION CLAUSE

In the event that either party fails to fulfil its obligations, this contract shall be automatically terminated in favour of the other party, without prejudice to any damages and interest that may be claimed from the defaulting party.

Termination shall take effect 30 days after a formal notice of default has remained unfulfilled.

10) DISPUTE SETTLEMENT

Any dispute relating to the sale, including cases involving warranty claims or multiple defendants, shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the Commercial Court within whose jurisdiction the seller’s registered office is located.