GENERAL CONDITIONS OF SALES
The present general conditions of sale are systematically addressed or given to each purchaser to enable him to place the order. These conditions prevail on the general conditions of purchase of the purchaser. The fact of placing an order implies whole adhesion and without reserve of the purchaser under these general conditions of sales and no particular condition can, except formal and written acceptance from COMEXALE SAS, prevail on these general conditions of sale.
Reservation of Ownership
The products delivered by COMEXALE SAS are sold with a clause expressly subordinating the transfer of their property to the integral payment of the goods, this notwithstanding the acceptance of any commercial draft. As long as the price will not have been completely paid, the purchaser will have to individualize the products delivered by COMEXALE SAS. In the event of seizure or of any intervention of a third party on the products, the purchaser will have immediately to inform COMEXALE SAS and preserve his rights on the products.
The offer is valid within a limit of times which, except contrary stipulation is one month from the handing-over of the offer. The information carried on documentations, catalogues, notes and tariffs are given for information purposes without engagement and cannot constitute a firm offer on behalf of the salesman: the salesman can be brought to modify them without notice.
Orders can be sent by mail, email, fax or directly telephoned with our sales departments. Any modification or resolution of order required by the purchaser can be taken into account only if it arrived in writing before the forwarding of the products and this only in the case of the product being held in permanent stock in the similar quantities. We accept no modification or cancellation in the case of non standard products not held in stock.
The prices are established according to the economic conditions of the day of the order and can be modified according to the variations of the tariff from manufacturers. They are revisable constantly according to the variation of the cost of their components, in the respect of the legislation in force. The prices are without VAT and contractual expenses of forwarding in addition.
The delivery is carried out either by the handing-over of the product to the purchaser, or by delivery to a transport company in the buildings of COMEXALE SAS, COMEXALE SAS reserves the right to carry out total or partial deliveries. The delivery periods are indicated as exactly as possible but are according to the possibilities of provisioning and transport of COMEXALE SAS. The non respect of delivery periods cannot give place to damages nor cancellation of pending order. In all cases, the delivery within the deadlines can intervene only if the purchaser is up to date of his obligations towards COMEXALE SAS.
5. Risks related to the delivery
The products travel to the risks and dangers of the recipient to which it belongs in the event of damage or of lack to make all observations necessary and to confirm his reserves by letter registered with notice of receipt near the conveyor in the three days which follow the reception of the goods.
The complaints on the apparent defects or the nonconformity of the product delivered must be formulated in writing within eight days after the arrival of the products. It will be up to the purchaser to provide any justification as for the reality of the defects or anomalies noted. He will have to give COMEXALE SAS all necessary elements to proceed to the observation of these defects. He will abstain from intervening himself or utilizing a third party for this purpose.
7. Return, methods and consequences
All return of products must make the object of a formal agreement between COMEXALE SAS and the purchaser. The expenses and the risks of the return are always the responsibility of the purchaser. The material must be turned over in its packing of origin and must not have undergone modification. All returned products accepted by COMEXALE SAS will lead to a credit note to the purchaser after checking the quantities and quality of the returned products. In the event of apparent vice or nonconformity of the products approved by COMEXALE SAS under the conditions of article 6 above, the purchaser will be able to obtain the free replacement or the refunding of the products to the choice of COMEXALE SAS other than any allowance or damages. If the return of the product is not justified for reasons coming from the facts of COMEXALE SAS, the goods are taken again to 90% of its invoice value for cover of the administrative expenses if the goods are standard products.
The materials and goods delivered by COMEXALE SAS are guaranteed only in the limit of the guarantee granted by the manufacturer of the product. If no guarantee is specified on the offer, the goods are not guarantied. Under guarantee the only obligation falling on COMEXALE SAS is the replacement or repair of the products found defective by its services. The defects and deteriorations caused by natural wear, external accident (wrong assembly, defective maintenance abnormal use) or by modification of the product not specified by COMEXALE SAS or the manufacturer are excluded of the liability. The exchange, the repair or the modification of a part for the period of guarantee cannot cause to prolong this period.
COMEXALE SAS will not be held responsible in any case towards the buyer or any third party for any damages, costs of any nature or indirect harm (including economic harm, loss of actual and anticipated production, profit loss and any other associated losses) resulting from the usage, or the impossibility of usage, of the products or machines, constituent of the contract, even if COMEXALE SAS has been informed by the customer of the potential occurrence of this damage or costs. The responsibility of COMEXALE SAS, based on the sales contract, is limited for contractual/non-contractual harms and harms of any other nature, to a tenth of the amount paid by the customer through the sales contract. Furthermore, COMEXALE SAS declines any liability for injuries or harm caused to any person and /or material resulting from any modification or installation of non-approved parts/elements by COMEXALE SAS. COMEXALE SAS also declines any liability in case of usage of non-conform or non-original parts by the user or machine operator.
The invoices for export are established net of tax. The products intended for export and delivered in France will be invoiced in suspension of the VAT only after reception by the salesman of the necessary certificates provided by the purchaser.
Except special conditions, the price of the products is payable net and without discount at the day of the reception of the invoice. If another deadline is accepted by COMEXALE SAS, the date of exit of warehouse of the products is the starting point of the date of the liability. In case of delay of payment, interest for default shall be charged in the amount of 18% per year. We reserve the right to claim further damages. Only uncontested or final and absolute claims shall entitle the purchaser to set-off or withhold payment.
12. Place of fulfilment, applicable law and jurisdiction
Exclusively the law of France shall apply between the parties. The Application of the United Nations Convention on Contracts for the international Sales of Goods is expressly excluded. Nancy shall be the place of fulfilment.
Pulnoy, January 2020