GENERAL TERMS OF SALE - LEGAL INFORMATION
GENERAL TERMS OF SALE
1) General Clause
Our sales are subject to these general terms and conditions, which supersede all purchase terms and conditions, unless formally waived by us. Any term or condition posed by the buyer to the
contrary shall not be invokable upon the seller, unless expressly agreed.
Studies, plans, designs, documents, or samples submitted or sent by us shall remain our property and may not be disclosed to third parties by the buyer for any reason whatsoever.
Orders are placed in writing using signed and dated order forms containing the buyer’s legal information. To be accepted, phone orders must be confirmed by the customer within one week, as set forth
Prices are listed exclusive of tax in our offers and quotes. They apply to the specified quantity and are subject to change if the quantity ordered does not match the quote. Unless otherwise specified on the
quote, our prices are valid only for up to three months. In France: Shipping and packaging is provided in metropolitan France for any order whose pre-tax invoice amount is at least €305 (discount applied). When a
portion of the order is affected by a production delay (special stamping and engraving, custom products, etc.), its amount is not included in the shipping amount. It is included in a separate order that is shipped and
billed independently of the rest of the order. A general charge of €7.62, plus shipping and packaging fees, shall be applied to any order under €50, exclusive of tax. Express fees are charged to the addressee. The
buyer is responsible for all duties, taxes, fees, and other charges applicable under French law. Exports; Our prices are ex-factory prices. Unless otherwise stated by us, the buyer is responsible for transport costs,
customs fees, insurance costs, and any taxes, fees, or duties applicable under the regulations of importing or transit countries.
Applicable prices are those in effect as of the shipping date. Unless otherwise agreed in writing, our prices are net prices. If no open account exists in our books, payment is due at the time of order.
Otherwise: - You are responsible for payment upon receipt for any invoice for less than €153 (including tax). - Payment is due 30 days from the invoice date for any invoice for more than €153 (including tax). For custom
orders, the company reserves the right to require a deposit before beginning production. Payment for any custom order that is cancelled shall be due in full or in part, depending on how far along it is in production. If
uncertainty exists regarding the buyer’s creditworthiness, particularly in the event of late payments, shipments shall continue subject to advance payment. In this case, the seller reserves the right to:
- Suspend the fulfilment of current orders, or
- Terminate the order outright and without notice, without prejudice to any damages and interest.
As penalty under application of amended law 92-1442, dated 31 December 1992, failure to pay a due payment shall make the buyer liable to a penalty for late payment, calculated by applying the full outstanding
amount to an interest rate equal to three (3) times the legal interest rate. As from 1st January 2013, in addition to the aforementioned penalties, in case of late payment, the buyer will be charged a lump-sum compensation
of €40 for collection costs. (C.Com. Art L.441-6 al.12).
6) Shipping and Transport
In France: Unless otherwise specified, shipping originates in our factories or stores. Even for shipping within France or cash on delivery, our merchandise is shipped at the risk of the
addressee, who may take recourse against the carrier in the event of a delay or damage. The estimated delivery date is not binding. Exports: In its definition in effect as of the contract date, the Incoterms agreed upon
between the buyer and the seller shall determine the rules of liability for transport.
The recipient who takes delivery of the goods is responsible for checking their condition upon arrival and exercising recourse against the carrier. Without prejudice to the provisions with respect to the
carrier, claims regarding apparent defects or goods delivered that do not match the order or packing slip must be submitted in writing within fifteen (15) days of receipt.
Our goods are guaranteed against any material, manufacturing, or latent defects for a period of six (6) months from the date of delivery. Service provided under this warranty shall have no effect in extending
the duration of the warranty. Under this warranty, the only obligation incumbent upon the seller is to optionally replace or repair the goods, free of charge, or any item known by us to be defective, excluding any damages
whatsoever. Defects and damage caused by the following are excluded from the warranty:
- Normal wear and tear
- Negligence or poor maintenance on the part of the buyer
- Misplugging of electrical apparatus
- Any outside influence resulting in unusual use.
9) Retention of Ownership
The seller shall retain ownership of the delivered goods until the goods and accessories have been paid in full. Merely issuing a payment does not qualify as payment. During this ownership
retention period, the buyer shall insure the goods against any damage it suffers or causes, and related insurance policies shall specify the seller as the owner. At the seller’s request, the buyer must provide evidence
of this insurance. Unless expressly permitted by the seller, the buyer may not alter the packaging, labelling, or other distinguishing marks on the sold goods. The buyer must be able to provide storage at its premises
and take any appropriate measures to protect the seller’s right of ownership. If the buyer resells the goods before completing payment, the sale between the seller and the buyer shall automatically be deemed resolved
without formality, and the buyer will be considered as having performed the resale on behalf of the seller.
10) Force Majeure
If events of any kind whatsoever occur that are beyond the control and will of the seller (including a natural disaster, armed conflict, social conflicts, disrupted transportation and/or supply of raw
materials, or an operational accident, such as a fire or mechanical breakdown) such that the seller can no longer fulfil its contractual obligations, the seller shall be released from its contractual obligations throughout
the duration of the events and to the limit of its effects.
11) Settlement of Disputes
In case of dispute, the courts within the territory where the registered office of the seller is located shall have sole jurisdiction.
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OVH Sarl, 2 rue Kellermann - 59100 Roubaix - France.
35 rue des Eaux
Tel: +33(0)2 99 75 77 00
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