FIFKA
ORDERING CONDITIONS
SECURITY
FOR PAYMENT
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ORDERING
CONDITIONS
General sale conditions
Clause general - Opposability - Price:Our
sales are subject to the present general conditions that prevail
over any conditions of purchase, except upon a formal derogation
on our behalf.Consequently making an order implies the complete
adhesion
without any reserve, on the behalf of the purchasing company to
these general sale conditions here presented, which excludes all
other documents or all non-written clauses.
The price
mentioned on the invoices is final,Shipping included and it is net
of tax. It will be payable upon reception of the pro forma invoice.
Any payment is made directly on the day of the order
Risks
The transfer of the risks
on the products is effective from the moment the products leave
the Atelier of the selling company, even in the case of a carriage
free sale agreement.
The products are deliverable with payment on delivery to the agreed
place or to free port. In all cases, they travel at the risk of
the addressed to which it belongs. In the event of damages, it is
the purchasing company's responsibility not to lack giving all the
necessary observations and also to confirm its reserves through
legal procedures or by sending a registered letter to the shipping
company within the 24 hours following the reception of the goods.
Methods
Any return of product is allowed
only if it were a subject of a formal agreement between the parties
concerned and within the eight days following the delivery.
The expenses and risks of the return are always the responsibility
of the purchasing company. The returned goods must be sent in the
same conditions in which the supplier delivered them and must be
accompanied by a return note on the parcel.
No other repairs or damages will be awarded. Any labour expenses
will remain at the expense of the purchasing company. Any intervention
under the guarantee will not prolong the duration of guarantee.
Consequences
In the case of a defect or nonconformity
of the delivered products, duly noted by the selling company under
the conditions mentioned above, the purchasing company will be able
to obtain refunding of the products or free replacement according
to the choice of the selling company without any compensation or
damages.
The Guarantee
Under guarantee, the selling company
will replace the products found defective by its services free of
charge. The guarantee is limited to the replacement of the defective
parts or the refund of the price.
No other repairs or damages will be awarded. Any labour expenses
will remain at the expense of the purchasing company. Any intervention
under the guarantee will not prolong the duration of guarantee.
The shipping costs are the responsibility of the purchasing company.
Exclusions
The guarantee does not cover defects.
It is formally agreed upon, according to article 1386-15 of the
civil code, that the selling company is exonerated from any responsibility
and can not be prosecuted by the purchasing company for compensations
for the damages caused by the products destined for professional
use.
It does not apply, also, if the defect results from an intervention
on the products made without authorization. And also, if it results
comes from the normal wearing of the product, or of negligence or
defected maintenance on the purchasing company behalf,or of an abnormal
use, or use under abnormal conditions of the products, or if the
operating defect results from major circumstances outside one’s
control.
SHIPMENT
Object of the delivery
The selling company reserves
the right to make at any time any modification which it considers
useful to its products and to the models defined in its leaflets
and catalogues,
without any preliminary consultation, and without obligation to
modify the products previously delivered or being ordered.
The purchasing company guarantees
to take delivery in the two days following the date of the notice
of availability.
After which the selling company will be able to consider that the
order is cancelled and the sale is unilaterally cancelled by the
purchasing company.
Dates
Delivery within deadlines
can be carried out only if the purchasing company is up to date
with its obligations towards the selling company, whatever the cause
is.
The agreed upon dates are not compulsory and the delays cannot give
place claims to damage, interests, reserve or cancellation of the
order.
The agreed upon dates are not compulsory and the delays cannot give
place claims to damage, interests, reserve or cancellation of the
order.
If two months after the indicated date of delivery and a month after
unfruitful notice to pay, the products are not delivered for any
cause, other that of a major case (war, riot, fire, strikes, accidents,
impossibility for the selling company to supply),
the sale could be cancelled at the request of one or the other companies
and will not give the right to any damage or compensations.
Reception
Without any prejudice to the shipping
company, complaints about the apparent defects, or about the nonconformity
of the delivered product to the ordered product, or about the forwarding
form, must be formulated in writing and justified with the necessary
documents within the 24 hours of the reception of the products.
The selling company must be given the opportunity and the time to
verify and remedy it. Failing this, no complaints will be accepted.
PAYMENT
Except for contrary agreement, the
payments will be made upon reception of the pro forma invoice. In
the absence of payment within 8 Days of the reception, the purchasing
company is not respecting its obligation of payment. The non-payment
within the 48 hours after an unfruitful formal warning gives legally
the selling company, at the request of the selling company, the right
to cancel all the unpaid orders, and to claim the immediate payment
of the debt. no case the payments may be suspended or may be the subject
of an unspecified compensation without the written and prior agreement
of the selling company.
Requirement of guarantee or payment:Any deterioration of the credibility
of the purchasing company will justify the requirement of guarantees
or of cash payment, before the execution of the received orders.
THE GUARANTEE
Clauses of reserve of property
The selling company maintains the property
of the models marks or patents even when it gives the right of use
or manufacturing that may imply joint intellectual rights.
The selling company preserves the right of property over the goods
sold until the final payment of the full price and impending expenditure
accessories.
The non-payment of one of the due instalments will enable the claim
for all goods. These provisions do not abolish the transfer, as of
the delivery, of the responsibility of the purchasing company to all
risks of loss and of deterioration of sold goods, as well as the damage
that they could cause.
Authorisation to resell
The purchasing company is authorized, within
the framework of its normal functioning to resell the delivered goods.
But it cannot mortgage them nor transfer the guarantee.
In the event of resale, the purchasing company is engaged to immediately
pay the selling company the part of the remaining due amounts.
Payment of the litigation –Attributive
clause of territorial jurisdiction:
ANY LITIGATION RELATING TO THE PRESENTE
SALE WILL BE, EVEN IN THE EVENT OF A CLAIM OVER A WARRANTY OR CONFLICT,
IN THE CASE OF THE IMPOSSIBILITY OF A SETTELEMENT OUT OF COURT, EXCLUSIVELY
WITHIN THE JURESDICTION OF THE COMMERCIAL COURT OF NANTES.
