GENERAL SALES CONDITIONS

GENERALITIES

This price list replaces and cancels the prices and sales conditions included in the previous price list. The documentation included in this price list is to be considered as indicative. So as to avoid any misunderstanding, we invite our customers in the case of an order input to refer only to the codes included in the present price list. We retain the right to bring any modification to our products, to the extend they seem useful and designed to improve the product.
Measurements and specificities are indicative.

ACCEPTATION OF SALES CONDITIONS

Only our sales conditions are valid, even in case of differents indications in the Customer's Buying Conditions. The input of an order is considered as including the acceptance of our Sales Conditions. Those are reserved to professionnals. Any modification not preliminarily and expressly accepted by us can not be opposed to us.

PRICES

Prices are given VAT excluded, indicative, revisable and without any validity duration warrant.
The prices applied are those which are valid on the delivery day.

DISCOUNT SCALES

The discount scale is established according to the affiliation or not to a resaling network, the shopping space of our client, amount ordered, annual sales volume, regularliness and periodicity of orders, or the promotion campaigns and the associated gained results.

BILL OF ORDER ACKNOWLEDGMENT RECEIPT

Whatever the way an order is placed to us, this one can only be considered as definitively accepted by us after the emission of a Bill of Order Acknowledgment Receipt, which date sets the beginning of the different agreed deadlines.

FREIGHT AND PACKAGING
VALIDITY WITHIN METROPOLITAN FRANCE

Our shippings are processed by road shipment. Our shippings ex works are carried at the sendee's risks.
The FRANCO FREIGHT AND PACKAGING is agreed for an amount of 380 EUR.
In case of shipping litigation, the usual reservations have to be entered on the transport receipt. Those reservations have to be confirmed through a letter wtih Receipt of Acknowledgment to the Carrier within three days maximum.We advise our customers to inform us of any litigation, so as to ease the resolution of the litigation.
Any complaint of any kind against the carrier is lapsed after one year following the delivery date.
For export and sales outside Metropolitan France : contact our Export Division (0033233622026)

DELIVERY DEADLINES

The indicated packaging corresponds to the minimum sales volumes.
Shippings will always be one or multiple of these selling units.

DELIVERY

The ordered wares are delivered by the carrier at the address mentioned by the customer on the Bill of order. The Customer has to collect them straight away and ratify the Bill of delivery which will be transmitted to us by the Carrier.

COLLECTING

A late or refused collecting leads the the buyer to be subjected to all the damageable consequences of the resiliation at his grievances of the sales contract. This resiliation will be acquired by right if the customer does not satisfy in the indicated deadline to the notice which will be sent to him by letter with Receipt of Acknowledgment.
In any case, the costs of a second presentation of wares will be at the sendee's charge.
Furthermore, the defective buyer can be charged of damages.

WORKSHOP

In case of tools with participation of the Buyer to the charge of worktools designing, these remain the property of the Seller which reserves the right to demolish them if these workshops remain unused for orders realisation during a two years delay.

COMPLAINTS

Any complaint about the delivered amounts, the conformity of the wares delivered or their apparent quality must be transmitted by a letter wtih Receipt of Acknowledgment., sent within five calendar days (foreclosure will occure after five days) following the delivery.
The defective goods will be picked up by our representatives (Metropolitan France).
No Sending Back to our charge will be accepted.

VALUES

The orders of an amount inferior to 100 EUR will be extra charged of 20 EUR for expenditures .
Orders of less than 45 EUR are payable immediately by bank check.

TERMS OF PAYMENT

For bank check before maturity date, n/30e-2% discount or 30 days end of month by bill of exchange.
The discount rate hereabove is calculated according to the EURIBOR. In the calculation of the pay day of our bills, only the date of this bill is taken into consideration (refer to the Bill of Carriage).
Nevertheless, the particular " Shipping after the 25th, value of the following month " is applied. In any case, the reception date of the delivery can be taken into consideration.
In case of partial delivery, the non- delivery or carry over of goods remaining can not delay the payment of the goods delivered.
Any invoice, for which we have not received a copy demand within one month after delivery date will be considered as received by the buyer.
In general cases, the non-payment of an invoice or the delay of a bill of exchange within the legal time can lead to the suspension of execution or delivery of current orders without any damages to be charged to us.
Any delayed payment leads by right without noticing it to the customer of an extra charge of 15% of the excluded VAT value of the bill, and to delay interests of 15% rate calculated on the VAT included amount of the bill (this rate shall not be 1.5 times inferior to the legal rate). The delay interests are calculated according to any calendar day of delay, that is 0.04166 % per day. The delay interests are payable by bank check, interests gathered after.

LEGAL DEPARTMENT

Our legal Department is automatically informed of our unpaid debts. The following costs (15%) are charged to the buyer.
In case of an intervention of our Legal department, all the following deliveries will be payable by cash on delivery or by pro-forma invoice.

WARRANT

Any visible defect can not enter the field of Warrant
Our warrant is limited to hidden defects, exclusive of misuse or normal wear. This warrant only includes the replacement of defective goods. The complaint must be expressed within short time, that is 10 days after the disovery of hidden defects (before foreclosure).
The defective goods will be picked up by our representatives (Metropolitan France).
No Sending Back to our charge will be accepted.

TITLE OF THE GOODS

It is agreed that the goods will not be deemed to the property of the purchaser unless the the seller receives the full amount of the goods' selling prices. The risks of loss, theft or destruction are at the sendee's charge. All the insurance costs will be at the purchaser's charge.

PROPER LAW

In case of litigation, only the Court of Condé-sur-Noireau (F-14110) is the proper referee for exchanges between the Company and its Customers

AUGUST 2001