GENERAL CONDITIONS OF SALE

1- The prices, delivery terms, and delivery time, payment conditions, etc. … indicated by our agents and representatives are only valid after our confirmation.

2- The prices given are subject to alteration, they can be justifiably increased before delivery of the order.

3- The delivery times are indicative and without obligation on our part. Unless we have formally agreed beforehand, no delay, even in the case of strike, can give rise to cancellation of orders or to damages.

We cannot be held responsible for a halt in production, owing to a lack of parts, which has not been brought to the attention of our head offices at least 5 days before the production date.

We cannot be held responsible in the following cases:

   -Circumstances outside seller’s control: war, strikes, fire, flood.

   -Unforeseen circumstances: damage to tooling or rejected production.

   -Third party responsibility raw material which is not delivered within the fixed delivery time or faulty delivery, particularly with the regard to aluminum.

4-The acceptance of the printing sample is a release for the production, after this release we cannot be held responsible for the form of piece, the drawings and the texts, the lack of items, etc. … All claimed for errors in the written copies appearing on our acknowledgments of orders, will only be accepted if they are made within 48 hours after receipt of this document by you.

5- No hold-up or cancellation of orders already in production will be accepted for any reason unless we can meet an agreement concerning the payment of the goods in production and of the work carried out.

6- Because of production demands we reserve the right to deliver 10% more or 10% less of the quantity ordered.

7- Except in cases of special agreement, designs, prototypes, printing plates and tooling carried out in our workshops belong to us, even if a certain participation to the costs has been paid by the customer.

7a- Terms of payment: unless otherwise informed, our invoices are payable to our head offices in MARCKOLSHEIM. The date of the payment indicated in our acknowledgment of order is final. Any late payment gives right, without any prior notification, to an interest at 2% above the legal interest rate.

In case of late payment, we reserve the right to suspend or cancel further delivery commitments, and will accept no claim to compensation or damages whatsoever.

In the case of discount for cash payment, the discount will be deducted from our taxable turnover. Therefore our customer should after the amount of VAT relative to the discount.

7b- We reserve the right to ask confirmation of payment of the goods in production or to goods cash on delivery.

 

RECEIPT OF THE GOODS – DAMAGED GOODS – MISSING PARTS

8- All goods even those sent free of charge travel at the buyer’s own risk. The buyer should lay claim against the transport company in the case of loss, missing parts, delayed delivery or damaged goods. The buyer cannot claim damages either for injury to people or for damage to objects not involved in the contract, or not lost opportunity of doing business.

9- All claims must be made within 8 days of receipt of the goods. Any error or fault which we recognise a such, and which is the result of our production binds us to the simple replacement of the goods in our factory. Any fault which is not the direct result of our production or which is owing to a defect in the raw material, does not lead to the right of the replacement of the faulty pieces.

10- The packing is non-returnable, except in the case of particular indications for special packing e.g. plastic form sheets, expanded polystyrene, etc. …

11- No return of goods will be accepted without our former agreement.

 

LITIGATION

12- The above mentioned conditions of sale cancel out all contrary clauses specified by the buyer, unless we have formally agreed to these.

13- In the event of litigation, the decision of the courts of commerce of COLMAR will be final. This will remain valid even in the case of plurality of defendants or appeal when the goods are under guarantee.

14- Clauses and conditions of the buyer or seller, hand written or printed, even when they are written on the orders, offers and acknowledgments of the orders, may not be used against us unless they have been subject to formal agreement on our part and undersigned by us.

15- We have established our head offices in MARCKOLSHEIM.

16- International contract: only the French law is applicable to this contract. It rules the formal and basic conditions of this contract with the sole competence of the French courts of our headquarters. However, we reserve the right to choose the buyer’s law if it happens to be more favourable for us.

 

RESERVE OF PROPERTY

17- The goods, materials and objects delt herewith are only the property of the buyer at receipt by the seller of the full payment.

N.B. : Only the French text has legal value.