TERMS OF SALES
BY SAS GIVAUDAN DAVID
Our sales are subject to these general conditions which replace the previous ones and prevail over all purchase conditions, unless expressly waived by us.
These conditions apply to all current and future exchanges and therefore constitute the express acceptance of the buyer, without justification of their notification, because of his professional capacity.
ACCEPTANCE OF ORDERS
Any order accepted by the customer implies unreserved acceptance of our general conditions of sale. Any customer carrying out a first transaction with the company must open an account for this purpose for the order to be valid. Orders which are sent to us directly by our customers or which are transmitted by our agents or representatives are only binding on our Company when they have been confirmed by it. However, the absence of a response for a period of 15 days constitutes acceptance.
The delivery and transport times provided for in the order are given only as an indication and subject to available stocks. Any delays linked to a case of force majeure do not entitle the buyer to damages. It is the buyer’s responsibility on the day of delivery to carry out a minimum check of the conformity of his goods on a number of points:
• conformity of the place and method of delivery,
• quantity of goods delivered,
• condition of packaging,
• wording of the labels on the packaging,
• identification of the goods delivered.
Complaints concerning deliveries can only be taken into consideration if they are made within 3 days by registered letter after receipt of the goods, if they are in their original packaging, and if specific and reasoned reservations have been made. been made in writing on the delivery slip by the recipient upon receipt.
Complaints concerning our invoices can only be taken into consideration if they are presented in writing no later than 15 days from their date of issue.
Payments must be made at our offices at the head office on the date shown on the invoice. The price charged is that stipulated in our tariff on the date of purchase of the goods. The buyer receives a discount based on the quantities purchased. A discount for early payment may be granted under the conditions specified on the invoice.
Late penalties are payable in accordance with Article L 441-6 of the Commercial Code. Any sum not paid by the purchaser on its due date which may not exceed 60 days from the date of the invoice, will result, without formal notice, in the application of late payment penalties until full payment is made at a rate equal to:
(ECB REFI rate) + 10% or 11.50%.
RETENTION OF OWNERSHIP AND TRANSFER OF OWNERSHIP CLAUSE (law n ° 80-335 of 12/05/1980).
The seller retains ownership of the goods sold until effective payment of the full price in principal and accessories. The delivery of a debt instrument and obligation to pay (draft or other) does not constitute payment within the meaning of this clause. Failure to pay any of the deadlines may result in the claim of the goods. The above provisions do not preclude, from the delivery, the transfer to the buyer of the risks of loss or deterioration of the goods, as well as of the damage caused by it.
could cause. The buyer will therefore take out insurance covering these various risks.
Our charge is expressly limited to resale of our products as is in their original packaging.
Any dispute relating to this sale, even in the event of a warranty claim or multiple defendants, will be the exclusive jurisdiction of the courts of the seller’s head office.