The present Terms and Conditions of Sale are destined to define the contractual relations between SARL RueTRAVERSETTE (hereinafter referred to as the VENDOR) and the customer (hereinafter referred to as the BUYER). The placing of an order implies full acceptance of these general conditions of sale which take precedence over all other conditions or conflicting documents, without exception. All contrary clauses and conditions are considered null and void.
Delivery will take place 15 working days following acceptance of the order by the Vendor. This is an estimate only and is not binding upon the Vendor. Any delays shall not give rise to a right on the part of the Buyer to cancel the sale, refuse the merchandise or claim any damages or interest. The Vendor cannot be held responsible for any delay or unfulfillment resulting from cases of force majeure, or the fault of a third party. RISK TRANSFER:
Goods are transported at the risks and perils of the recipient. The transfer of responsibility, care and risks relating to the merchandise is effective upon their expedition and from the moment they are placed in the custody of the carrier.
RECEIPT – RESERVATIONS:
Upon receipt of the order, the Buyer must verify the merchandise and that the goods comply with the order placed. In the event of damage, breakage or missing items, reservations must be imperatively and clearly noted on the delivery note, signed and stamped by the Buyer. Copies of the annotated delivery note and/or statement of the anomaly must be sent within 3 days to the carrier, failing which the delivery will be presumed to be correct and the Vendor cannot be held responsible, or liable in any manner.
COMPLAINTS AND RETURNS:
To be admissible, complaints must be made within 10 days following receipt of the merchandise and the emission of reservations. All product returns must be made at the Buyer’s expense, by prior notification to, and in agreement with, the Vendor, within 15 days of reception and on condition that the Use-By date is respected.
Complaints and returns must be accompanied by a letter indicating the customer contact information and the exact reason for the demand. If the claim is justified the buyer will be entitled uniquely to the replacement of the goods delivered.
The Vendor’s responsibility is limited to the price of the products sold and can only be engaged in respect of material damage suffered, to the exclusion of any bodily or immaterial damage of whatever nature, whether as a consequence or not of the sale or use of the product.
TERMS OF PAYMENT:
Invoices are due for payment immediately upon receipt, to the Vendor’s headquarters at Saint André de Sangonis 34725, La garrigue - 9 rue de l'Amellau, whatever payment terms are to be used, after the Buyer has communicated commercial and bank details for the purposes of opening an account.
Prices quoted are net of shipping costs for ex works departures from the laboratory at 34725 ST André de Sangonis. Transport and insurance costs remain the responsibility of the Buyer.
DEFAULT OF PAYMENT:
Any amount owed beyond the expected date agreed will, by right, with no further procedures nor prior formal notice engender, without prejudice to any other action or claim on the part of the Vendor: (i) a claim for interest on the amount due corresponding to the Central Bank interest rate plus 10 points, plus tax, (ii) a demand for immediate payment of all sums due (iii) the application of statutory recovery fees for each unpaid invoice, (iv) compound annual interest, (v) the application of a penalty, which shall in no way constitute a discharge from obligations, of 15% of all sums due inclusive of tax.
RIGHT OF OWNERSHIP:
The merchandise ordered remains the property of the Vendor until full and final payment by the Buyer. In case of total or partial default of payment, the Vendor shall be entitled to demand the immediate return of the merchandise at the expense of the Buyer.
All disputes relating to this contract shall be under the sole jurisdiction of the Commercial Court of Montpellier.