General conditions of sale
These general conditions of sale are only applicable to any offer or order of products and services marketed by the Company amb PICOT. The placing of any order for products or services of the Company amb PICOT by a customer or a distributor entails the latter’s unreserved acceptance of these general conditions of sale.
Orders received are only final after written acceptance by the Company amb PICOT and payment, by the customer or the reseller, of the totality of any sum provided for in the order. Orders sent by resellers are only binding on the Company amb PICOT after written confirmation by the latter.
Any quantitative or qualitative modification of the order can only be made after the written agreement of the Company amb PICOT.
No order cancellation can be accepted without the written agreement of the Company amb PICOT.
In the event of a delay in receiving the equipment, the customer must notify the Company amb PICOT at least 15 days before the scheduled delivery date, and it will be responsible for any resulting additional costs.
The Company amb PICOT may totally or partially refuse an order if it exceeds its production capacities and/or prevents it from satisfying the requests of all of its other customers, without its liability being able to be sought as a result.
The amb PICOT Company also reserves the right not to accept one or more orders when it considers that the customer’s solvency guarantees suggest to it a partial or total payment default and/or when the order comes from a customer with which it has had one or more payment incidents.
The customer undertakes to provide with the order all precise and complete information and documents (nature of the applications, plans, etc.) necessary for the performance of the service ordered.
Delivery is made either by direct delivery to the customer, or by simple notice of availability, or by delivery in the factories of the Company amb PICOT to a carrier designated by the customer or, failing this designation, chosen by the company amb PICOT.
The deadlines are only given as an indication.
The buyer may not rely on any delays to cancel the order and/or claim damages.
All transport operations, insurance, customs, handling, brought to work, are the responsibility and expense, risk and peril of the buyer, who is responsible for checking shipments on arrival and exercising , if applicable, its recourse against the carriers, even if the shipment was made free. In the event of shipment by the seller, the shipment is made postage due or free, at the lowest rates, unless expressly requested by the buyer, and, in all cases, under the full responsibility of the latter.
The unloading of the products at the place of delivery is ensured exclusively under the responsibility of the buyer and with its own means of handling..
The buyer undertakes to receive the products at the place and date indicated by the Company amb PICOT. In the event of default on his part, delivery with all its effects will be deemed to have taken place on this date.
The seller is automatically released from any commitment relating to delivery times if the payment conditions have not been observed by the buyer or in the presence of a case of force majeure or events such as: lock -out, strike, epidemic, war, requisition, fire, flood, tooling accidents, scrapping of important parts during manufacture, interruption, or delay in transport or any other cause leading to total or partial unemployment for the seller or its suppliers. The seller will keep the buyer informed, in a timely manner, of such cases or events. The case of force majeure leading to total or partial unemployment or the disorganization of the factories from which the products, objects of the orders to the Company amb PICOT, releases the latter from the obligation to supply the products whose manufacture is suspended.
Any receipt of the products before shipment, if it was provided for when ordering, entails the unreserved acceptance of the products concerned and triggers the payment of the sums provided for in the terms of payment.
- Terms of payment
The invoice is issued on the date the equipment is made available.
Invoices are payable to the Company amb PICOT according to the terms of payment stipulated on the invoice.
In the absence of specific contractual provisions, payment is due upon receipt of invoice.
No discount is granted for cash payment or advance payment.
Deposits are always payable in cash.
Payment terms cannot be delayed for any reason, even in the event of a dispute. By express agreement, the malfunction or the repairs, which the product may require, can in no way constitute a reason for non-payment or delay in the payment of the sums due by the buyer.
In the event of deferred or term payment, constitutes payment within the meaning of this clause not the simple delivery of a commercial paper or a check implying an obligation to pay, but the effective payment on the agreed due date.
The contract will be terminated automatically in the event that one or other of the parties does not meet its obligations within 8 days after formal notice by registered letter with acknowledgment of receipt.
In the event of late payment at the fixed times, the amounts due will automatically bear interest based on the rate of advances from the Banque de France, increased by 3 points, without this clause affecting the payment of the debt.
- Reservations of title
According to Law No. 80.335 of May 12, 1980, the Company amb PICOT remains the owner of the goods delivered until full payment of the price.
The buyer nevertheless assumes from the delivery, the risks of loss or deterioration of these goods, as well as the responsibility for the damage which they could cause.
Failure to pay on the due date may result in a claim for the goods. The installments paid will remain with the seller as compensation.
The seller guarantees the parts and goods supplied and sold by him against any manufacturing defect. The seller’s warranty is strictly limited to its supplies. The seller undertakes to replace at its own expense, in its workshops, any defective part or goods.
Except for special contractual conditions, the normal duration of the guarantee is 12 months. In the event of a warranty conflict, only the specific contractual warranty conditions will be admissible and taken into account.
The exercise of the warranty is subject to a written and explicit request from the customer, made during the warranty period and the return of the defective supply free of charge.
The warranty does not cover labor costs (unless special agreements), nor those resulting from dismantling, reassembly, transport and packaging operations.
The warranty is excluded for any damage resulting from force majeure, normal wear and tear, improper use, as well as for all damage due to accidents, negligence, incorrect assembly, repairs carried out by the customer or by a third party or resulting storage conditions incompatible with the nature of the products, or if the conditions for implementation appearing in the manufacturer’s instructions have not been respected or have not been carried out according to the rules of the trade.
The company amb PICOT cannot be held responsible for accidents or incidents resulting from faulty assembly or improper use of its products.
- Intellectual property rights
The Company amb PICOT fully retains all the intellectual property rights of its processes, projects, studies and documents of any kind. The customer undertakes to respect all the intellectual property rights of the Company amb PICOT of which he declares to have read. The customer is prohibited from reproducing or having reproduced, in whole or in part, the patents, trademarks, designs and models, or any other industrial property right of which the Company amb PICOT is the holder or licensed, and/or from transmitting to third parties any information of any kind whatsoever allowing the total or partial reproduction of the said rights.
Without this list being exhaustive, the customer undertakes to consider as strictly confidential all commercial, technical, financial or legal information relating to the Company amb PICOT and of which he may become aware during the preliminary studies or the execution of the contract of sale. Failure to comply with this clause may result in the termination of commercial relations, without prejudice to any damages.
The fact that the Company amb PICOT does not avail itself at a given time of any of the stipulations of these General Conditions of Sale cannot be interpreted as a waiver of the right to subsequently avail itself of said conditions.
For any element not taken into account in these General Conditions of Sale, the Inter-union General Conditions of Sale of the Federation of Mechanical and Metal Processing Industries will be applied.
- Jurisdiction – Applicable Law
By express agreement and for any dispute between the parties, whatever its origin and nature, exclusive jurisdiction is attributed to the Court of Lyon, even in the event of multiple defendants.
L’ensemble des relations entre les parties est géré par le seul droit français. En cas de traduction des présentes dans une autre langue, seul le texte rédigé en français aura valeur authentique.
These conditions of sale take effect on April 1, 2008.