GENERAL TERMS AND CONDITIONS OF SALE
– ARTICLE 1 –
Any order implies the customer’s unreserved acceptance of these conditions. These cancel any different or contrary clause appearing on the documents or the correspondence of the customer.
If the order accepted implies rapid delivery, these general conditions are expressly deemed to be known to our professional customers and accepted by them without reservation.
– ARTICLE 2 –
Orders are invoiced at the rate in effect on the date of delivery. Our prices are subject to change at any time without notice.
– ARTICLE 3 –
Studies of special products always remain our property regardless of the buyer’s participation in their creation. They can be submitted to the client who can neither communicate them nor use them.
Subsequent modifications to the order may:
- Cause an additional cost which will be indicated to the customer for acceptance,
- Cause a delay in delivery of the order in question or of another order from the same customer.
- Additional cost and delay will be submitted to the customer for agreement which will be deemed acquired after 2 days. remained unopposed.
- The specific standards of an order which would not be commonly used by us, will give rise to tests which will be invoiced.
– ARTICLE 4 –
Our products comply with the legal requirements in force at the time of shipment.
– ARTICLE 5 –
Whatever the conditions of sale, our supplies are always deemed to be delivered to our cellars.
All packaging, storage, transport, customs and handling operations are the responsibility and expense, risk and peril of our customers who are responsible for checking the condition of the products on arrival and exercise, where appropriate, recourse against carriers. All advanced costs are immediately refunded to us.
Deliveries are always accompanied by a voucher, the duplicate of which must be returned signed upon receipt of the goods. Any dispute must barely be foreclosed within 48 hours of receipt of the goods.
– ARTICLE 6 –
The deadlines are only indicative.
For special orders, the starting point of these deadlines is also subordinate I, where applicable, to the receipt of all the technical documents necessary to start execution and to the receipt of all the raw materials, in I cases where these are supplied by the client or his principal.
Delivery times are modified in cases of force majeure such as war, fire, flood or by events such as strikes or Iock out.
In the case of transport by us, any shortage and damage could only require us to replace the offending or missing products outright, without any other compensation of any kind.
No product can be returned to us, in whole or in part, for a cause that is not our fault. A possible return could only be made with our express agreement.
– ARTICLE 7 –
The prices of our supplies are established exclusive of tax, from cellars.
Our invoices are payable at our head office, in cash when ordering (unless otherwise specified) with a discount of 1% or upon receipt of the invoice without discount.
Failure to pay a draft on its due date results in the forfeiture of the term for all our receivables.
The total or partial non-payment of an invoice under the contractually stipulated conditions suspends any new delivery.
Eight days after formal notice including termination of this termination clause which has remained ineffective, the current contract will be automatically terminated.
The terms of payment constitute a substantial connecting clause and must be respected. Failing that, we also reserve the right to consider the contract as canceled by operation of law and to keep in our possession the deposits received until the compensation provided for below is fixed. Any sum not paid on the due date carries , automatically and after formal notice, interest at the rate of one and a half times the legal rate.
Our customers cannot invoke whatever the cause whatsoever to defer or modify the terms of payment, in particular a dispute on the quality of the supplies or a delay in delivery, or a price variation.
In the event of default of payment on the due date, of all or part of a due date, the customer would be, as of right and solely for the non-fulfillment of his obligation to pay, in application of the provisions of Articles 1152 and 1226 and following of the Civil Code. liable, for our benefit, to damages fixed at a flat rate of 5% of the unpaid sum.
These damages would be payable from the date of the infringement, bearing interest at the legal rate, from that same date, without the customer being able to rely on this stipulation of interest to delay payment.
Whatever the reservations expressed on receipt of the delivery, particularly due to possible breakages, the undisputed part of the delivery will be paid at the price and in the terms of payment provided for in the agreement.
The recoveries by litigation will give rise to a repetition of the corresponding costs.
– ARTICLE 8 –
The goods are subject to a so-called retention of title until full payment of the price, costs and accessories. Payment is made upon effective collection of the price, delivery of a draft or any other instrument creating an obligation to pay that does not constitute payment.
In the event of non-payment by the buyer, the seller may not, without losing any other of his rights, demand by registered letter with acknowledgment of receipt, the return of the goods at the buyer’s expense and risk.
The seller may unilaterally and immediately have an inventory of unpaid products held with the buyer.
– ARTICLE 9 –
The CHÂLONS-EN-CHAMPAGNE Commercial Court has sole jurisdiction over all disputes concerning the execution of our supply contracts, whatever the terms of sale and the method of payment accepted, even in the event of a warranty claim or plurality of defendant.
For our international sales, French law applies, the French text hereof is authentic.