GENERAL CONDITIONS OF SALE FOR THE USE OF PROFESSIONALS IN CONNECTION WITH THE SALE OF GOODS
Clause 1: Subject matter – Scope
The general conditions of sale described below detail the rights and obligations of SAS MONBLASON and its buyer in connection with the sale of goods marketed by SAS MONBLASON.
These general conditions of sale constitute the basis of the commercial negotiation and are systematically addressed or delivered to each buyer to allow him to place an order.
Any service performed by SAS MONBLASON therefore implies the buyer's unreserved acceptance of these general conditions of sale, who declares and acknowledges having perfect knowledge of them and therefore waives the right to invoke any contradictory document, and in particular his own general conditions of purchase.
SAS MONBLASON reserves the right to modify its general conditions of sale at any time, which will be communicated to the buyer in accordance with applicable legislation. In this case, the applicable conditions will be those in force on the date of the buyer's order.
Clause n° 2: Price
1 – Determination of the price
The prices of the goods sold are those in force on the day of the order. They are denominated in euro and calculated exclusive of tax. Consequently, they will be increased by the VAT rate in force on the day of the order and the transport costs applicable on the day of the order.
SAS MONBLASON grants itself the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when registering the order.
2 – Payment of the price
The price is payable by bank transfer, LCR or Drafts upon acceptance, by check or by credit card.
However, any new buyer must, following the registration of his first order, pay the total amount of his proforma invoice before shipment of the goods.
A deposit may be required when placing the order. The balance of the price will be required on the day of delivery. The company MONBLASON reserves the right not to proceed with the delivery of the goods ordered by the buyer if the latter does not pay the price under the conditions and modalities indicated above.
Sales outside French territories are subject to payment of the total price of the goods when placing the order.
3 – Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay SAS MONBLASON a late payment penalty equal to three times the legal interest rate (ECB half-yearly key rate + 10 points). The legal interest rate retained is that in force on the day of delivery of the goods. As of 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014).
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to compensation for delay, any sum, including the deposit, not paid on its due date will automatically and without prior notification to the buyer, produce the payment of a fixed compensation of 40 euros due for recovery costs. SAS MONBLASON reserves the right to ask the buyer for additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n°3: Order
1 – Validation of the order - deposit
Sales are perfect only after express and written acceptance of the buyer's order, by SAS MONBLASON, which will ensure in particular the availability of the goods requested and by the payment of a possible deposit.
Orders must be confirmed in writing, by means of a purchase order duly signed by the buyer.
The Products are supplied at the rates mentioned in the SAS MONBLASON scale, and, where applicable, in the commercial proposal addressed to the Buyer.
In case of shortage, SAS MONBLASON will respond to orders according to their order of arrival and to the extent of its availability.
2 – Modification or cancellation of the order by the buyer
Any changes requested by the buyer can only be taken into account, within the limits of the possibilities of SAS MONBLASON and at its sole discretion, if they are notified in writing at least 2 days before the date scheduled for delivery of the goods ordered, after signature by the Buyer of a specific order form and possible adjustment of the price.
In case of cancellation of the order by the buyer after its acceptance by SAS MONBLASON less than 2 days at least before the date scheduled for the supply of the goods ordered, for any reason whatsoever except force majeure, the deposit paid to the order, as provided for in clause 2 "Price" of these General Terms and Conditions of Sale, will be automatically acquired by SAS MONBLASON and can not give rise to any refund.
Clause n° 4: Rebates
The proposed rates include the discounts and rebates that SAS MONBLASON would have to grant in view of its results or the assumption by the buyer of certain services.
Clause n° 5: Discount
No discount will be granted in case of payment before the payment date shown on the invoice.
Clause n° 6: Termination clause
If within fifteen days following the implementation of the clause "Price - Late payment", the buyer has not paid the sums remaining due, the sale will be automatically resolved and may give right to the allocation of damages for the benefit of SAS MONBLASON.
Clause n° 7: Retention of title clause
SAS MONBLASON retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a receivership or liquidation, SAS MONBLASON reserves the right to claim, as part of the insolvency proceedings, the goods sold and remained unpaid.
On the other hand, the risk of loss or deterioration of the goods sold will be transferred to the buyer upon delivery of the products ordered.
Clause n° 8: Delivery
1 – Terms of delivery
Delivery is made:
- Either by the direct delivery of the goods to the buyer;
- Either by sending a notice of availability in store to the attention of the buyer;
- Or at the place indicated by the buyer on the order form.
The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.
This period does not constitute a strict deadline and SAS MONBLASON can not be held liable to the buyer in the event of late delivery not exceeding 1 month.
In case of delay of more than 1 month, the buyer may request the resolution of the sale. The deposits already paid will then be returned to him by SAS MONBLASON.
The risk of transport is borne in full by the buyer.
4 – Receipt of delivery
In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within two days of delivery, by registered mail AR.
Any return made without our prior agreement will be refused and its payment will be continued.
No claim can be validly accepted in case of non-compliance with these formalities by the Buyer.
The company MONBLASON will replace as soon as possible and at its expense, the Products delivered whose lack of conformity has been duly proven by the Buyer.
In the event that delivery is made by a carrier, the Buyer acknowledges that it is the carrier's responsibility to make the delivery, the Supplier being deemed to have fulfilled its obligation to deliver once it has handed over the products ordered to the carrier who has accepted them without reservation.
The Buyer therefore has no warranty recourse against SAS MONBLASON in the event of failure to deliver the Products ordered or damage occurring during transport or unloading.
Clause n°9: Return
Any return of product must be the subject of a formal agreement between SAS MONBLASON and the buyer. Any product returned without this agreement would be held at the disposal of the buyer and would not give rise to the establishment of a credit. The costs and risks of the return are always the responsibility of the purchaser.
Any return accepted by SAS MONBLASON will result in the establishment of a credit note for the benefit of the buyer, after qualitative and quantitative verification of the returned products; Returns that do not comply with the above procedure will be sanctioned by the loss for the buyer of any deposits he may have paid.
Clause n°10: Guarantees – Liability of SAS MONBLASON
Our machines are guaranteed for a period of 1 year for the mechanical part and 3 years for the computer part, from the date of delivery. Interventions under the guarantee shall not have the effect of prolonging the duration of the guarantee.
This warranty is limited to the replacement of non-conforming or defective products.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear of the Product or force majeure.
In order to assert its rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform SAS MONBLASON, in writing, of the existence of defects within a maximum period of 7 days from their discovery.
SAS MONBLASON will replace or have repaired the goods or parts under warranty deemed defective. This warranty also covers labor costs.
The replacement of defective goods or parts will not have the effect of extending the duration of the warranty set above.
Finally, the guarantee cannot be used if the goods have been used abnormally, or have been used under conditions different from those for which they were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use.
It also does not apply to the event of deterioration or accident resulting from shock, fall, negligence, lack of supervision or maintenance, or in case of transformation of the Product.
Clause n°11: Intellectual property
SAS MONBLASON retains all industrial and intellectual property rights relating to the goods, photos and technical documentation that may not be communicated without its written authorization.
Clause n° 12: Force majeure
The responsibility of SAS MONBLASON can not be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 13: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Carcassonne.