Term of sales
ARTICLE 1: Validity of agreements
Any order automatically implies acceptance of these general conditions of sale and waiver by the customer of his own conditions of purchase, whatever the terms, all even in the event that the customer has sent us conditions of purchase or other document with a symmetrical arrangement to the above.
The fact that we do not take advantage, at a given time, of any of the provisions of our general conditions of sale cannot be interpreted as a modification of the said general conditions of sale, nor renunciation to prevail us subsequently of any of said conditions.
ARTICLE 2: Articles
The seller reserves the right to modify his articles according to technical developments.
ARTICLE 3: Orders
Orders will be in writing and will refer to our prices and order form. They will include the date, name or company name and address of the purchaser, as well as the date and exact place of delivery if the address is different from the billing address.
They will specify the references of our articles, their prices and the resulting postage and packaging costs.
They will not be the subject of an acknowledgment of receipt, unless otherwise stipulated
ARTICLE 4: Shipping
The delivery times indicated on our order forms and other documents are only indicative.
Any delays in delivery cannot give rise to the cancellation of the order, penalties or damages for the benefit of the buyer.
All shipments are made by CARRIER or by LA POSTE
ARTICLE 5: Delivery and transfer of risk
The Incoterms rule applicable to all our sales is: CPT agreed place of destination (Incoterms ICC 2010)
ARTICLE 6: Billing
The invoice accompanies the shipment. It is established on the basis of the prices specified on the order, shipping conditions and additional tax.
The invoice mentions all the information provided for in article 31 of the amended ordinance of December 1, 1986.
ARTICLE 7: Withdrawal period
In accordance with the legal provisions in force, the non-professional consumer customer has a period of 14 calendar days from the date of the order to exercise his right of withdrawal, without having to justify reasons or pay a penalty.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed; the return costs remaining the responsibility of the customer.
Returns must be made in their original condition and complete (packaging, accessories, instructions …), and accompanied by a copy of the purchase invoice.
ARTICLE 8: Price
Unless expressly stipulated otherwise, the selling prices are those appearing on our tariff in force at the time of the placing of the order.
They are indicated exclusive of tax, VAT in addition, in euros, from our stores. In the event of a specific order, the price is that agreed upon when ordering.
No discount, rebate, no rebate constitutes an acquired right for the buyer, even if it has been previously and exceptionally granted, regardless of the number or size.
ARTICLE 9: Payment Terms
Sales are made for cash, with no discount benefit.
No withholding of payment, nor any modification in the form of a corrective debit can be made by the buyer for any reason whatsoever. In the event of late payment or partial payment, the sums due will bear interest automatically and without formal notice, at the rates corresponding to three times that of the legal interest, without this clause prejudicing the liability of the debt. .
In addition, any delay in payment automatically entails, at the buyer’s expense, compensation set as a penalty clause at 15% of the amount of the unpaid invoice.
Deliveries will be suspended until full payment of all amounts due with interest thereon.
ARTICLE 11: Title retention clause
It is expressly stipulated, as an essential condition of this sale, that the transfer of ownership of the delivered goods is suspended upon full payment of its price by the buyer.
In the event of total or partial non-fulfillment of the obligation to pay the price, the buyer has that of immediate return and at his expense to the seller, on formal notice from the latter, by registered letter with acknowledgment of receipt, of the goods. received in execution of the sale referred to in the aforementioned notification.
In the absence of immediate execution by the buyer of this return obligation, he may be constrained by an interim order issued by the President of the Commercial Court of Annecy authorizing, in application of this retention of title clause, the seller to take back the goods in the buyer’s stores and in any other place and at the exclusive expense of the latter.
This clause is enforceable in the context of judicial settlement or liquidation of property proceedings.
We can also claim in the hands of the sub-purchasers, the part or the part of the price of the goods sold with retention of title clause which has not been paid, nor settled in value, nor compensated in current account between the customer. and its sub-purchasers.
For the exercise of this right, the customer undertakes to provide us without delay and at the first request, all the information or useful documents concerning these sub-purchasers (identity, state of sales, mode and time of payment, etc.).
ARTICLE 12: Complaints
Upon arrival of the products at the place of destination, the buyer is required to ensure that the delivery conforms to the order. In the event of non-compliance, the complaints which are likely to result must, to be admissible, be sent in writing to the seller, within 8 days, by registered mail with acknowledgment of receipt. Any goods refused and returned by the buyer without the express prior consent of the seller under the conditions he will set, will be refused.
ARTICLE 13: Guarantee
The seller will be responsible for the item sold for the period provided for in the special conditions of conventional warranty.
Unless otherwise agreed, it is expressly agreed that the seller’s conventional warranty will be limited to the repair or replacement of the item recognized as defective by the seller, to the exclusion of all damages for any reason whatsoever. The transport costs of sending and returning the item will be borne by the purchaser.
The warranty does not apply to replacement or repairs resulting from normal wear and tear of the devices. Likewise, the seller is not liable for defects, breakage or deterioration resulting from a faulty installation, improper use of the articles, the inexperience of the operator, poor maintenance, etc.
ARTICLE 14: Intellectual property rights
The seller’s mark can in no case be dissociated from our articles.
All our items and their packaging are stamped with the seller’s mark which includes the designation “LES JAUGES SAUGNAC” and “SAUGNAC GAUGES” associated with the logo (circle + vernier + crack) Name and logo are inseparable. They are deposited with the INPI. It is forbidden for the buyer, under penalty of prosecution, to reproduce or imitate, in whole or in part, in any form (photography, sketches, reproduction etc …) articles, models and / or trademarks of the seller or disseminated by the seller. It is also prohibited from transmitting to third parties information allowing the total or partial reproduction of these articles, models and / or brands or their imitation, in which case he would be guilty of complicity in the crimes committed.
If the buyer buys from the seller for the resale of the articles, he is required to stick to a specific and contractual agreement which commits him in particular:
– to maintain the mark on all the articles,
– provide the user with installation instructions which must first have received the agreement of the seller.
ARTICLE 15: Cancellation clause
In any event, in the event of failure by the buyer to fulfill any of its obligations, we reserve the right to:
– either to suspend the execution of the order;
– or to consider it as automatically terminated, all without prejudice to our rights to damages, after simple formal notice to the buyer.
If down payments have been made by the buyer, they will be retained as damages.
The stipulations set:
– Either by these general conditions of sale,
– Either by the specific conditions of each order, do not pose an obstacle to our right to claim compensation for any damage or to exercise any action not expressly provided for.
ARTICLE 16: Attribution of jurisdiction
Any dispute relating to the execution or interpretation of these presents will be the exclusive jurisdiction of the Courts of Annecy, the same will apply in the event of a warranty appeal, incidental claim or multiple defendants.
ARTICLE 17: Applicable right
For the execution hereof, only French law will be applicable, to the exclusion of any other.