TERMS OF SALES
These general conditions of sale are applicable to any offer issued by Ets Pierre Leveugle for, or any sale concluded with, a Buyer.
Any order placed with Ets Pierre Leveugle implies acceptance by the Purchaser of the present general conditions of sale and renunciation on his part of his own general conditions of purchase.
The parties agree to give the commercial documents transmitted by facsimile the value of a writing, provided that they are signed by a legal representative.
2. Purpose and scope of the tender
When Ets Pierre Leveugle has issued an offer, the prices and conditions of this offer relate exclusively to the products (qualities and quantities) specified therein and, in the absence of express stipulations, remain valid for one month. Ets Pierre Leveugle reserves the right to make changes to the offer, without notice and at any time, including prices.
3. Conclusion of the sale
The contract of sale is perfect only subject to the express acceptance of the order by Ets Pierre Leveugle. Any amendment to this contract shall be agreed to by the parties.
4. Prices - Payment terms
The prices are stipulated without taxes, whether they are payable in France or in the country of delivery of the products. The payment will be made in Euros, net of any expenses to be borne by Ets Pierre Leveugle.
The conditions and terms of payment are set freely by the parties and specified on the quote and invoice issued by Ets Pierre Leveugle. Failing this, the products and services are payable in full at the time of the acceptance of the order by Ets Pierre Leveugle.
5. Delay penalties
In the event of delay in payment, Ets Pierre Leveugle may demand from the Buyer the payment of penalties calculated on a day-to-day basis, from the due date of the term, at the refinancing rate of the European Central Bank Recently increased by 10 percentage points (in accordance with Article L. 441-6 of the French Commercial Code).
Failure to pay a due date will automatically result in the payment of all sums due by the Purchaser, even if they have given rise, in whole or in part, to the creation of drafts or the creation of Tickets to orders.
In addition, Ets Pierre Leveugle reserves the right to suspend the execution of its own obligations until full payment of the sums due.
6. Force majeure
Ets Pierre Leveugle is not liable in particular in case of fire, floods, natural disasters, interruption of the supply of energy, raw materials or spare parts, as well as total or partial strikes of any kind hampering the smooth operation Of the company, such as transport strikes, postal services. The occurrence of such a case of force majeure has the effect of suspending the performance of the contractual obligations of Ets Pierre Leveugle.
7. Conformity of goods
It is the Buyer's responsibility to check the condition, the conformity and the quantity of the merchandise on receipt of it, in relation to the corresponding invoice. It is the responsibility of the Purchaser to carry out all checks at the time of delivery and to make the usual reserves at the arrival of the goods or at the latest within 72 hours of receipt. After this deadline, no complaint will be taken into account.
8. Delivery times and terms
Delivery times, if indicated, are purely indicative and without warranty. They do not oblige Ets Pierre Leveugle in any case. A delay does not authorize the Purchaser to cancel the sale, refuse the goods, receive compensation or damages.
The terms of delivery mentioned in the offer / contract, if any, refer to the Incoterms of the International Chamber of Commerce in force on the date of the offer / contract.
Ets Pierre Leveugle is fully entitled to all obligations relating to delays due to force majeure or events occurring at Ets Pierre Leveugle or its suppliers, such as: lock-out, strike, war, embargo, fire, flood, accident Equipment, scrap in the course of manufacture, interruption or delay in transport or supplies of raw materials, energy or components, or any other event beyond the control of Ets Pierre Leveugle or its suppliers.
9. Reservation of title
Ets Pierre Leveugle expressly reserves the ownership of the goods delivered and indicated in the pro-forma invoice until the full payment of their price in principal and interest.
The goods will remain the property of Ets Pierre Leveugle until full payment of their price, but the buyer will be responsible for them as soon as they are handed over as defined by Incoterm (as defined by Incoterms 2000) agreed upon at the sale and mentioned On the invoice, the transfer of possession entailing that of the risks. The buyer therefore agrees to subscribe, upon acceptance of the offer issued by Ets Pierre Leveugle, an insurance contract guaranteeing the risks of loss, theft or destruction of the designated goods.
The prices mentioned in the offer are for the packaging ordinarily used by Ets Pierre Leveugle or its suppliers. Any request from the Buyer for a type of packaging other than that usually used by Ets Pierre Leveugle or its suppliers will be the subject of an additional price. The packaging is not taken over by Ets Pierre Leveugle.
The responsibility of Ets Pierre Leveugle is strictly limited to the obligations defined by the order accepted by Ets Pierre Leveugle and these general conditions of sale. Ets Pierre Leveugle provides no guarantee as to the suitability of the products to achieve the objectives that the Buyer has set as soon as these objectives have not been expressly accepted by Ets Pierre Leveugle. In no event shall Ets Pierre Leveugle be liable for any indirect and / or intangible damages, such as loss of profit, loss of profit or loss of production.
The provisions of the sales agreements between Ets Pierre Leveugle and the Purchaser are confidential. The parties undertake not to disclose the terms of the contracts of sale and the tariffs, information and other documents relating thereto, except to any person who would have to know them for the proper execution of the contracts of sale. The foregoing obligations will continue to apply for a period of one (1) year after the expiry of the contract of sale.
13. Governing Law
Any offer made as well as any contract entered into by Ets Pierre Leveugle will be subject to French law.
14. Attribution of jurisdiction
For any dispute relating to any offer made or sale made by Ets Pierre Leveugle, the application or interpretation of these General Conditions of Sale, only the Commercial Court of Bordeaux in France will be competent.