General terms and conditions - Professionnal buyers
GENERAL CONDITIONS OF SALE - PROFESSIONAL BUYERS
SAS CHARGEUR PLUS ®
35 avenue Louis Lumière
Tel: +33 5 46 56 18 88
ARTICLE 1 - Scope
In accordance with Article L 441-6 of the Commercial Code, these general conditions of sale constitute the sole basis of the commercial relationship between the parties. They are intended to define the conditions under which the SAS CHARGEUR PLUS ("The Supplier") provides professional Buyers ("Buyers or Buyer") who so request, via the Supplier's website, by contact directly or via a paper medium, the Products covered by these Terms and Conditions. Buyers are invited to refer to the Product Catalog (available online and on request), which lists exhaustively and updated the Products covered by these Terms and Conditions. They apply without restrictions or reservations to all sales made by the Supplier to Buyers of the same category, regardless of the clauses which may appear on the Purchaser's documents, and in particular the general conditions of purchase. In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Buyer who so requests, to enable him to place an order with the Supplier. They are also communicated to all distributors (excluding wholesalers) prior to the conclusion of a single agreement referred to in Article L 441-7 of the French Commercial Code, within the legal time limits. All orders for Products imply acceptance by the Purchaser of these General Conditions of Sale and the general conditions of use of the Supplier's website for electronic orders. The information contained in the Supplier's catalogs, prospectuses and tariffs is given for information only and may be revised at any time. The Supplier shall have the right to make any modifications which it deems useful. In accordance with the regulations in force, the Supplier reserves the right to derogate from certain clauses of these General Conditions of Sale, according to the negotiations carried out with the Buyer, by the establishment of Particular Terms of Sale. In addition, the Supplier may be required to draw up general sales conditions, which are derogatory to these General Conditions of Sale, depending on the type of customer concerned, determined on the basis of objective criteria. In this case, the General Terms and Conditions of Sale apply to all operators meeting these criteria.
ARTICLE 2 - Orders Rates
The sales are perfect only after express and written acceptance of the Buyer's order, by the Supplier, which will ensure, in particular, the availability of the requested products, materialized by the edition and sending to the «Buyer by e-mail or post from an Order Quote. The Products are provided at the rates specified in the Supplier's Schedule and, where applicable, in the Commercial Proposal addressed to the Purchaser. These tariffs are firm and not subject to revision during their period of validity.
In case of cancellation of the order by the Buyer after its acceptance by the Supplier less than 30 days before the date envisaged for the supply of the Products ordered, for any reason except the force majeure, the deposit paid To the order, as defined in the article "Deliveries" of the present General Conditions of Sale will be automatically acquired to the Supplier and cannot give rise to any refund.
The products are supplied at the Supplier's rates in effect on the day of the order and, if applicable, in the specific commercial proposal addressed to the Purchaser. These tariffs are firm and not revisable during their period of validity, as indicated by the Supplier. These prices are net and ex-works excluded. They do not include transport, any customs duties and insurance that remain the responsibility of the Buyer. Specific tariff conditions may be applied depending on the specifics requested by the Buyer concerning, in particular, the terms and time of delivery, or the terms and conditions of payment. A particular commercial offer will then be addressed to the Buyer by the Supplier.
ARTICLE 3 - Payment terms
A deposit is required when placing the order.
The amount of this deposit is specified, for each product, by the catalog of Products available online on the website of the Supplier, www.chargeurplus.com
The amount of the deposit will be confirmed at the time the quotation is drawn up by the Supplier. The Supplier reserves the right to modify the amount of the deposit, depending on the specifics of the order. The balance of the price is payable in cash, on the day of delivery, under the conditions defined in the article "Deliveries" below. The Supplier shall not be obliged to proceed with the delivery of the products ordered by the Purchaser if the latter does not pay the price to him under the conditions and in the manner indicated above.
The following payment methods can be used:
- By bank check, issued by a bank domiciled in metropolitan France or in Monaco. The payment of the check is made immediately
- Wire Transfer
- By PAYPAL
Payments made by the Purchaser shall be deemed to be final only after the Supplier has effectively received the sums due. In the event of late payment and payment of amounts owed by the Buyer beyond the above deadline, and after the payment date stated on the invoice addressed to him, penalties for late payment calculated at the refinancing rate BCE, plus 10 percentage points, applied on the amount inclusive of the price indicated on the invoice, will be automatically and automatically vested in the Supplier, without formality or prior notice. The formula for calculating penalties is: Delay penalties = [(rate) x amount inclusive of tax] x [number of days of delay / 365]. In the event of non-compliance with the payment terms set out above, the Supplier also reserves the right to suspend or cancel the delivery of outstanding orders. Unless express and prior written agreement of the Supplier and provided that the reciprocal receivables and debts are certain, liquid and payable, no compensation may be validly made between any penalties for delay in delivery or non-conformity of products ordered by The Purchaser on the one hand, and the sums owed by the latter to the Supplier in respect of the purchase of the said products, on the other hand. Finally, a lump sum indemnity for recovery costs of 40 euros will be due, automatically and without prior notice by the Buyer in case of late payment. The Supplier reserves the right to ask the Purchaser for additional compensation if the collection costs actually incurred exceed this amount, upon presentation of the supporting documents. The Supplier reserves to itself, until the complete payment of the price by the Purchaser, a right of ownership on the products sold, allowing him to repossess the said products. Any advance paid by the Buyer shall remain vested in the Supplier as a lump sum indemnity, without prejudice to any other actions which it may be entitled to institute against the Buyer. On the other hand, the risk of loss and deterioration will be transferred to the Buyer as soon as the products ordered are delivered. Consequently, the Purchaser is obliged to have the goods ordered for the Supplier's benefit insured at his own expense by ad hoc insurance until the complete transfer of ownership and to justify it to the latter at the time of the delivery. Failing this, the Supplier shall be entitled to delay the delivery until the presentation of this document. No discount shall be made by the Supplier for payment before the date appearing on the invoice within a period less than that mentioned in these General Conditions of Sale.
ARTICLE 4 - Discounts and reductions
The Buyer shall be entitled to the discounts and refunds shown in the Supplier's tariffs, depending on the quantities acquired or delivered by the Supplier in a single operation and at a single place, or on the regularity of its orders.
ARTICLE 5 - Deliveries
The Products acquired by the Buyer shall be delivered within the time agreed upon and fixed by the Order Form. This period does not constitute a period of rigor and the Supplier will not be able to see its responsibility committed with respect to the Purchaser in case of delay of delivery not exceeding 12 weeks. In case of delay of more than 12 weeks, the Purchaser may request the resolution of the sale. The deposits already paid will then be returned to him by the Supplier. In no event shall Supplier be liable in the event of delay or suspension of delivery attributable to the Purchaser or in case of force majeure. Delivery will be made by direct delivery of the Products to the Buyer (by notice of availability at the Supplier's premises) or via a shipper or carrier, products traveling at the Buyer's risk. In the case of sales of products abroad, the sale will be deemed to be concluded EXW (INCOTERM 2010). The Buyer is obliged to check the apparent condition of the products at the time of delivery. In the absence of reservations expressly expressed in writing and accompanied by the delivery note, by the latter, within 30 days of delivery, the products delivered by the Supplier will be deemed to be in conformity in quantity and quality with the order. In the case of reservations and claims concerning the conditions of delivery of the Products (for example: damaged package, already opened ...), the Purchaser must imperatively formulate any reservations on the TRANSPORT BON delivered against signature by the Transporter the delivery. If the delivery obligation falls on the carrier. The Purchaser acknowledges that it is the responsibility of the carrier to carry out the delivery, the Supplier being deemed to have fulfilled its obligation to issue when he has delivered the ordered products to the carrier who accepted them without reservation. The Buyer therefore has no warranty claims against the Supplier in the event of failure to deliver the Products ordered or damage during transport or unloading. In the event of a change in location. The delivery and delivery of the Products may take place at any other place designated by the Purchaser, subject to prior written notice within 14 days at the exclusive cost of the Purchaser. Similarly, in the case of specific requests from the Purchaser concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Supplier, the related costs will be the subject of a specific additional invoice. No claim can be validly accepted in case of non-compliance with these formalities by the Buyer. The Supplier will replace, as soon as possible and at its expense, the Products delivered, the lack of which has been duly proved by the Purchaser.
ARTICLE 6 - Transfer of ownership - Transfer of risks
Modalities of transfer of risks and ownership. The transfer of ownership of the Products for the benefit of the Purchaser will only be realized after full payment of the price by the Buyer, regardless of the date of delivery of said Products. On the other hand, the transfer of the risks of loss and deterioration of the Supplier's products will be realized as soon as the goods are delivered and received by the Purchaser.
ARTICLE 7 - Supplier's liability - Guarantee
The products delivered by the Supplier benefit from a contractual guarantee for a period of two (2) years, from the date of delivery, covering the non-conformity of the products to the order and any hidden defect, coming from a Lack of material, design or manufacture affecting the products delivered and rendering them unsuitable for use. The warranty is an inseparable whole with the Product sold by the Supplier. The Product may not be sold or resold altered, transformed or altered. This warranty is limited to the replacement or reimbursement of non-conforming or defective products. Any warranty is excluded in case of misuse, negligence or lack of maintenance by the Buyer, such as normal wear and tear of the Product or force majeure. In order to assert its rights, the Purchaser must inform the Supplier in writing of the existence of the defects within a maximum period of 2 months from their discovery, under penalty of forfeiture of any action relating thereto. The Supplier will replace or cause to be repaired the Products or parts under warranty considered defective. This warranty also covers labor costs. The replacement of defective Products or parts will not have the effect of extending the duration of the guarantee above.
Products delivered in KIT for mounting by the Customer benefit from the legal warranty subject to a mounting in all points identical to the original model, according to the recommendations of the Seller in the MOUNTING INSTRUCTIONS. The MOUNTING INSTRUCTIONS is transmitted by the Seller to each Customer upon delivery of the Product, and is also available online on the Seller's website. The Seller cannot be held liable in the event of a defect in assembly or failure to comply with the mounting recommendations by the Customer, who must fully and completely execute each stage of assembly and welding. In no event shall the Seller be liable for any defect, in particular of welding, which is carried out under the sole responsibility of the Customer.
INSTRUCTIONS FOR USE
Each Product also comes with an OPERATING INSTRUCTIONS which details the use and maintenance rules of the Product. The USER'S MANUAL is also available online on the Seller's website.
- "Authorized" and "Prohibited" Jobs
- Pre-checking before each use
- The Safety and Usage Rules
- Product Maintenance Rules
The Seller cannot be held liable in the event of faulty maintenance of the Products or elements, or improper use of the Products as detailed in the OPERATING INSTRUCTIONS.
It also does not apply to the case of deterioration or accident resulting from shock, fall, neglect, lack of supervision or maintenance, or in case of transformation of the Product.
ARTICLE 8 - Intellectual Property
The Supplier retains all the industrial and intellectual property rights relating to the Products, photographs and technical documentation which cannot be communicated nor executed without his written authorization.
ARTICLE 9 - Unpredictability
In the event of a change in circumstances unforeseeable at the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, a Party which has not accepted an excessively onerous performance risk may request a renegotiation of the contract to its other party.
ARTICLE 10 - Enforcement in Kind
In the event of failure by either Party to fulfill its obligations, the Party that is the victim of the default shall have the right to demand the enforcement in kind of the obligations arising hereunder. In accordance with the provisions of article 1221 of the Civil Code, the creditor of the obligation may continue enforcement after a simple notice sent to the debtor of the obligation by registered letter AR remained unsuccessful, unless it Or if there is a clear disproportion between its cost to the debtor and its interest to the creditor.
ARTICLE 11 - Exception of non-performance
It is recalled that, in accordance with article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if such non-performance Is sufficiently serious, that is to say, capable of calling into question the continuation of the contract or of fundamentally upsetting its economic balance. The suspension of operation shall take effect immediately upon receipt by the defaulting Party of the failure to comply with the default by the Party claiming the default, indicating the intention to apply the non-performance exception That the defaulting Party has not remedied the breach, notified by registered letter with acknowledgment of receipt or any other durable written medium to provide evidence of the shipment. This non-performance exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfill its obligations on the due date and That the consequences of such non-performance are sufficiently serious for the Party that is the victim of the default. This right shall be exercised at the risk of the Party taking the initiative. The suspension of operation shall take effect immediately upon receipt by the alleged defaulting Party of the notification of the intention to apply the preventive default exception until the alleged defaulting Party carries out the obligation for which one Is notified by registered letter with acknowledgment of receipt or by any other durable written medium to provide proof of the shipment. If the impediment was definitive or continued beyond six (6) months, these terms and conditions shall be resolved in accordance with the terms set out in Article Resolution for failure by a party to fulfill its obligations.
ARTICLE 12 - Force majeure
The Parties shall not be liable for failure to perform or delay in performing any of their obligations as described herein as a result of force majeure within the meaning of Article 1218 of the Civil Code.
ARTICLE 13 - Résolution du contrat
Notwithstanding the Resolution for breach of a party to its obligations clause below, resolutions of force majeure may not take place until thirty (30) days after the receipt of a letter of formal notice by letter Recommended with an acknowledgment of receipt or any extra-judicial act. In the event of non-compliance by either party with the obligations arising from this contract, the latter may be resolved at the option of the injured party. It is expressly understood that this resolution for breach of a party to its obligations will take place ipso jure thirty (30) days after the sending of a notice to execute, remained, in whole or in part, without effect . The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial document. Such notice shall state the intention to apply this clause. It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement shall be validly called upon by the sole eligibility of the obligation in accordance with the provisions of Article 1344 of the Civil Code.
ARTICLE 14 - Disputes
All disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, consequences and consequences, shall be submitted to the competent courts of LA ROCHELLE (17).
ARTICLE 15 - Governing Law - Language of Contract
By express agreement between the parties, these General Conditions of Sale and the resulting purchase and sale transactions are governed by French law. They are written in French. If they are translated into one or more languages, only the French text will be authentic in case of dispute.
ARTICLE 16 - Acceptance of the Purchaser
These general terms and conditions of sale are expressly approved and accepted by the Buyer, who declares and admits to have a perfect knowledge thereof, and therefore renounces to avail himself of any contradictory document and, in particular, purchase.