The general conditions of sale described hereafter detail the rights and obligations of the company CONCEPT MÉTAL (hereafter the "Company" or the "Seller") and the Buyer within the framework of the sale of the following goods: trade of ores and metals and related services. Unless otherwise agreed, any service performed by the company CONCEPT MÉTAL implies the Buyer's unreserved adherence to the present general terms and conditions of sale.
2. PRICE OFFER
When a proposal is drawn up by the Company, it constitutes the special terms and conditions that amend or supplement the general terms and conditions. In the event of written orders from the Buyer, the Buyer's order will only be considered as definitively accepted by the Company once an acknowledgement of receipt has been sent. In this case, the acknowledgement of receipt will define the special conditions.
The weights mentioned on the price offer are only indicative and approximate and may not be the subject of any claim.
The prices of the products and/or services made available by the Company are those in force on the day the order is placed. They are denominated in Euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and, where applicable, transport costs applicable on the day of the order.
The Company grants itself the right to modify its prices at any time: the price of the products varying in accordance with market rates.
However, it undertakes to invoice the goods and/or services at the prices indicated at the time the order is placed.
Variations in rates can in no case be a reason for cancelling the order.
The Seller shall issue an invoice in duplicate, one of which shall be delivered to the Buyer on the day of receipt of the order.
The invoice shall mention the information referred to in Article L. 441-9 of the French Commercial Code.
4. RESERVATION OF OWNERSHIP
It is expressly stipulated, as an essential condition of the sale, failing which the sale would not have been concluded, that ownership of the goods delivered will only be transferred to the Buyer after full payment of the purchase price (French Law of 12 May 1980).
The Buyer shall be entitled to resell the delivered goods in the ordinary course of his business, provided, however, that he then assigns to the Seller the claims in his favor arising from the resale to the third-party buyer.
In the event of default of payment on its due date, the Seller may reclaim the goods and terminate the sale, as specified below.
In the event of liquidation of goods, or legal settlement against the Buyer, all goods delivered and not paid for shall be returned to the Seller. The occurrence of such proceedings shall cause the term to lapse, and the Buyer shall no longer be able to take advantage of the payment terms previously granted.
5. DELIVERY DATES
Delivery and availability dates are only given as an indication. A delay in delivery, even after formal notice from the Purchaser, cannot give rise to damages, penalties, or cancellation of the order.
Shipments are made at the Buyer's risk and peril, including in the case of FRANCO delivery.
In the event of delays due to transport, the recipient must exercise the reservations provided for in Article 106 of the French Commercial Code, by registered letter with acknowledgement of receipt within three days. The provision is assimilated to the actual shipment, in particular with regard to the deadlines and methods of payment, and the transfer of risks to the Buyer.
The Buyer must check upon receipt that the products delivered conform (quality, weight and dimensions) to the products ordered and that there are no apparent defects.
If no complaint or reservation is made in this respect by the Buyer within 8 days of receipt of the products by registered letter with acknowledgement of receipt sent to the Company, the said products may no longer be taken back or exchanged, pursuant to the provisions of Article 1642 of the French Civil Code.
In any event, the Company shall only be liable for the replacement of products recognized as defective, without any other compensation.
For a material that does not conform or has a defect, the Company accepts an exchange of the said material after agreement between the Buyer and the Seller, but no machining or production costs will be incurred.
To be replaced, rejected supplies must be returned with the Company's prior approval.
Unless otherwise stipulated, our invoices are payable at the registered office located at 16 rue Charles Lindbergh, ZAC GENOBLE AIR PARC 38590 SAINT-ETIENNE-DE-SAINT-GEOIRS:
- According to the conditions stipulated on the invoice
- Cash on receipt of invoices with 2% discount to be calculated on the amount before tax.
- Within 15 days of receipt of invoices with 1% discount to be calculated on the amount before tax.
Under no circumstances may payments due to the Seller be suspended or be subject to any reduction or set-off without the Seller's written consent.
No bill of exchange will be accepted for payment of an invoice whose amount is less than 250 euros.
Any bill of exchange or invoice unpaid on its due date shall automatically and without formal notice bear interest at the Bank of France's advance rates, plus two points. Its interest will be applied as of the day following the date of payment shown on the invoice or, failing this, on the 31st day following the date of receipt of the goods.
Late payment penalties are payable without the need for a reminder.
Pursuant to Article D. 441-5 of the French Commercial Code, in the event of late payment, the Buyer shall automatically owe the Seller, in addition to the late payment penalties already provided for by law, a fixed indemnity for collection costs of 40 Euros.
The payment of all other sums due by the defaulting debtor Buyer shall become immediately due and payable, even if they have been the subject of accepted bills of exchange, and even if a payment period had been granted. If the Buyer fails to do so, all sales that we have concluded with the Buyer and that have not been paid, will be cancelled by operation of law 24 hours after a notice of default has remained without effect.
The Company may demand, regardless of the conditions previously agreed upon, cash payment before shipment, and suspend or terminate any current contract, in the event of a change in the Buyer's situation, even after partial execution of the contract or order.
The products sold are covered by the legal warranty for hidden defects, as defined in Article 1641 of the Civil Code.
The information contained in our brochures is intended to make our products known and can in no way be considered as contractual on the part of our Company. In addition, any printing or translation errors that may occur despite our control cannot be held against us.
Any specific performance commitment for our products shall be enforceable against us and shall form part of the special conditions of sale.
11. APPLICABLE LAW AND JURISDICTION CLAUSE
The present general terms and conditions of sale shall be governed by French law.
Any disputes relating to the interpretation and execution of the Company's sales shall be subject to the exclusive jurisdiction of the Commercial Court of GRENOBLE, even in the event of a guarantee call or multiple defendants.