Terms of Sales
Terms of Sales
These conditions are concluded between:
ACIM JOUANIN (hereinafter “the Company”) – 650 rue Vulcain – ZI Nétreville – 27000 EVREUX
Such. : +33 (0)232 383 333 – Fax: +33 (0)232 383 830 – E-mail: firstname.lastname@example.org
And any buyer of products distributed by it, on the other hand
The general conditions of sale described below govern all sales of the Company’s products.
If the buyer fails to inform our Company by registered letter, at the latest within 8 days of dispatch of the acknowledgment of receipt of the order (this period being 15 days for the buyer residing in abroad), his disagreement with one or other of the provisions below, the buyer is deemed to have accepted them, notwithstanding any contrary stipulations which may appear on his own documents and except, possibly, the effect of special conditions previously and expressly agreed.
All our exchanges can be carried out on all media (written, internet, telephone) but in the event of a dispute, only signed writings will have probative value over all other documents.
The change of situation of the buyer, the dissolution, or the modification of the company, the death, the incapacity, the legal reorganization or the procedure of safeguard, the legal liquidation or the bankruptcy, this enumeration being only enunciative and not limited to, allow us to cancel the contract or to require guarantees.
Any service performed by the Company therefore implies the purchaser’s unreserved acceptance of these general conditions of sale. Furthermore, it is understood that these general conditions of sale can be translated into one or more foreign languages. In case of inconsistency between different versions of these general conditions of sale, the French version will prevail.
Our prices are denominated in euros and are exclusive of tax. Consequently, they will be increased by the VAT rate and the transport and/or packaging costs applicable on the day of the order.
The prices of certain materials may be subject to revision on the day of delivery depending on the prices of certain metals and currencies.
The prices of any item whose delivery date is scheduled beyond a period of 1 year from the date of receipt of the order, are subject to increases unless agreed in writing on our part.
Given our management costs, no order of less than 100 euros excluding tax can be registered. In addition, for tubular armored elements, heating cartridges, or equipment made up of these elements, any order requiring special production may be subject to a minimum quantity per product.
Delivery is made:
– by direct delivery of the goods to the buyer
– at the place indicated by the buyer on the order form
Except for an express clause appearing in this document and containing the formula “imperative deadline accepted” or “imperative date accepted”, the dates and deadlines for availability fixed on the order acknowledgment of receipt are only given as an indication.
They cannot, in case of delay, be a pretext for the cancellation of the order or the refusal to accept the delivery.
No compensation or penalty can be demanded in the event of late delivery unless they have been accepted by us expressly and in writing.
War, strikes, epidemics, interruption of transport, shortage of equipment, incident, accidents, delays in the delivery of our raw materials, and in general all clauses likely to lead to unemployment even part of our factory, are declared cases of force majeure which authorize the suspension and delay the execution of the orders. The buyer’s attention is drawn to the fact that, unless explicitly stated otherwise, the deadlines or dates set out in this document only constitute deadlines or dates for availability in our factories and not for delivery to the buyer.
Our goods, even shipped free, always travel, in particular in the event of total loss, at the risk and peril of the recipient, to whom it belongs in the event of damage or shortage to make all reservations with the carriers within 48 hours maximum, and to engage all recourse against them within the legal deadlines, the sending of our invoice taking the place of notice of dispatch. In the event of total loss, the buyer who wants us to intervene with the carriers with a view to making a claim must send us the request by registered letter with acknowledgment of receipt within 15 days from the date of receipt of the invoice corresponding to the delivery. Our intervention in this case does not constitute, on our part, the acceptance of the risk of transport which remains the responsibility of the buyer.
COMPLAINTS AND RETURNS OF GOODS
The buyer has a firm period of 15 days from the date of delivery of the goods or from the date of first presentation or availability of the goods, to formulate the reservations which would justify the non-conformity of this delivery with the order. After this period, no amicable or legal complaint from the buyer can be accepted.
Parts judged to be defective by our customers must, after notice, be returned to us free of charge in our workshops. No returns will be accepted if shipped collect.
In the event that the conclusion of the expertise of a return of equipment indicates that the non-compliance detected is linked to non-compliance with the installation recommendations, and/or non-compliance with the instructions, this feedback could give result in a fixed billing of 75 euros excluding tax.
TERMS OF PAYMENT
Unless otherwise specified in the special conditions, all our invoices are payable as follows:
– 1st Business, Stock product: Payment before shipment
– Specially manufactured product: Payment before launch
– Subsequent business: Subject to acceptance by our financial department, by bank transfer 30 days from the end of the month without discount.
In accordance with article L441-6 of the Commercial Code, any delay in payment will give rise, if the supplier sees fit, and from the first day of delay to the application of a lump sum indemnity for recovery costs of an amount 40 euros (European directive 2011/7 of February 16, 2011, law 2012-387 of March 22, 2012, and decree 2012-1115 of October 2, 2012).
Late payment penalties, payable from the 1st day of delay, are calculated as follows: at least the ECB rate increased by 10 points without being able to be less than 3 times the legal interest rate. The monthly rate applied is indicated on our invoices.
Any dispute relating to our delivered goods, or any expectation of a credit cannot constitute a reason for late payment or non-payment.
In the event of non-payment of a single installment, payment of sums due on goods delivered or remaining to be delivered becomes immediately payable.
Any delay in payment will result in the temporary suspension of all deliveries.
Any product having had a start of execution (study, supply, production) is due.
Our equipment is guaranteed for 6 months from the day it leaves the factory, a period which may be extended to 12 months depending on the product.
The written notification to our company, as soon as possible, of the existence of defects determines the benefit of the guarantee which is limited exclusively to the supply of replacement equipment for parts recognized as defective by our departments and in our workshops; to the formal exclusion of any compensation whatsoever, regardless of the duration of the repair or the disturbances of enjoyment borne by the Customer.
The related labor costs are the responsibility of the buyer as well as the return costs. The exchange or repair of parts made under the warranty cannot have the effect of extending it.
The warranty cannot apply to equipment transformed or repaired outside our workshops or that of the official dealer, or comprising parts other than the original ones. It also cannot apply in the event of use under a voltage greater than 5% of the nominal voltage provided, wear caused by lack of maintenance, or damage that may result from shocks, clumsiness, inexperience of the purchaser or its personnel or normal wear and tear.
In any case, our contractual guarantee does not replace the legal guarantee which obliges the professional seller to guarantee the buyer against all defects or hidden defects of the thing sold.
The warranty cannot under any circumstances give rise to a return, a refund or an exchange for another material. We cannot be held liable in the event of poor resistance to corrosion of the materials used in our manufacture if this results from the conditions of use of the resistors.
Likewise, our responsibility cannot be engaged in the event of unsuitability of our products for the customer’s application, if our supply complies with his order.
The advice we provide to the client, which is based on our experience, allows him to better define his needs. It is up to the customer to make the final choice of product specifications based on his perfect knowledge of the conditions of use of our equipment.
In the event of partial or total non-payment of the price or, in the event of late payment, all the costs, agios, rights and fees that the Seller Company may incur with a view to or because of the recovery of its debt, would be payable. the exclusive responsibility of the debtor who will make the settlement without the need for a court decision to be pronounced against him, and this, without prejudice to all other damages.
TITLE RETENTION CLAUSE
By mutual agreement between the parties and in accordance with Law No. 80.335 of May 12, 1980, the goods delivered will remain the property of the Company until full payment of the invoices.
For the duration of the retention of title, the buyer must insure the goods against all risks of damage or liability caused by it.
The mere signature by the purchaser of the delivery note for the goods implies full acceptance of this retention of title clause.
Any disputes arising from this contract, its interpretation or its execution, will be subject to the sole jurisdiction of the Commercial Court of Paris, even in the event of a warranty claim or multiple defenders. The same will apply in particular to any dispute resulting from incidents of payment of drafts or bills drawn on the occasion of this contract.
TOLERANCES ON OUT-OF-STOCK PRODUCTS
All our products are sold with the usual manufacturing tolerances. In particular for the power, a tolerance of plus 5% minus 10% is respected according to the standard in force (AFNOR).
Depending on the specificity of our products and quality controls, we unfortunately risk having the possibility of delivering a slightly different quantity to those ordered on the quantities delivered:
– for 1 to 5 pieces ordered: no variation
– for 6 to 9 pieces ordered: +1-0
– for 10 to 19 pieces ordered: +2-0
– for 20 to 49 pieces ordered: +3-0
– for 50 to 99 pieces ordered: +4-0
– for 100 pieces and more ordered: +5%-0.
This cannot justify any claim by the buyer.
In accordance with the law of May 25, 2018, you have a right of access, rectification, deletion of your personal data which you can exercise at the address appearing on this document.
ACIM JOUANIN – 650 Rue Vulcain – Industrial Zone Nétreville – 27000 EVREUX – FRANCE
SAS with capital of €1,000,000 – APE 2751 Z – RCS Paris B 582 035 671 – EEC VAT: FR34 582 035 671
Siret Evreux: 582 035 671 00079 – Head office: 282 rue des Pyrénées, 75020 Paris, France – Siret head office: 582 035 671 00087