Cit'Yfonte
1- General clauses
Our sales are subject to the present Sales Disclaimer which prevails over all other conditions of purchase, except where we have formally and expressly stated otherwise.
The placing of an order necessarily implies acceptance of our Sales Disclaimer to the exclusion of any other, whatever it may be, and if not expressly approved by us.
2- Prices
Our prices are given for information only and may be revised without prior notice to take into account economic, monetary and fiscal fluctuations, as well as price increases imposed by our suppliers.
Our goods are invoiced according to the price list in force on the date of delivery.
The prices indicated in our price list are exclusive of tax.
Carriage and packaging costs are not included, except if otherwise agreed.
We can only commit ourselves to firm prices in the form of a written offer specifying a period of validity. Any discounts granted are calculated on the basis of quantitative criteria and may be revised if the expected quantities are not reached.
The right to a discount will be the subject of a specific and separate agreement.
3- Terms of payment and penalties
Failure to comply with the terms of payment will entail the invoicing of extra charges as well as the modification of any preferential commercial terms we may have granted.
Our invoices are payable in Molsheim :
- in cash with a discount of 2%
- or, subject to favourable references and sufficient guarantees of solvency :
- by bank transfer, net and without any discount, within 45 days
- by bill of exchange, net without any discount, on the date indicated at the bottom of our invoices.
In the event of any failure to pay within the time limit, the whole of the debt becomes due without further consideration, and the seller reserves the right to suspend the performance of all orders in progress without prejudice to any other form of legal action.
The penalties applicable to late payments are calculated on the basis of one and a half times the legal interest rate on the date of their application and will run from the due date of the invoice(s) until full payment of the debt is made. Under no circumstances may any claims, whatever their nature, exonerate the purchaser from the payment on the due date of the part of our invoices above the amount of the claim, without the automatic implementation of the penalty arrangements described above.
4- Delivery times
Delivery times are given for information only and are in no case to be considered as absolute deadlines. Under no circumstances may the client claim damages, whether in the event of late delivery or restricted delivery, except where there is express prior written agreement, accepted by us and specifying the penalties that may be claimed.
5- Deliveries
Our goods are transported at the consignee's risk.
It is therefore the responsibility of the consignee to :
- check at the time of delivery the condition and quality of the products, opening if necessary any parcels whose appearance is doubtful.
- formulate where necessary precise reservations on the receipt of the transport documents, in the presence of the delivery driver.
- confirm such reservations immediately in writing to the carrier within three days.
- inform us imperatively within 8 days.
Failure to comply with these formalities will render any action against the seller impossible. Vague and systematic reservations will not be valid.
6- Warranty
We will scrupulously apply the guarantees offered by our suppliers as regards the equipment sold.
The technical data provided are those of the suppliers and they may be subject to modifications, as their catalogues and price schedules are for information only.
The warranty is strictly limited to the repair or exchange of equipment recognised as being faulty.
7- Complaints
In the event of a fault and subject to loss of rights for failure to observe the time limit, it is the responsibility of the purchaser who receives the delivery to inform us in writing within eight days, in order that we may send a qualified person to examine the fault and seek a solution and take any interim measures that may be necessary.
We will not reimburse any expenses incurred for repairs of faulty goods unless we have given our prior approval and signed a quotation.
8- Return of goods
Returns (in the original condition) of items sold by us new will be accepted only after written approval has been given by us. A credit note will de drawn up by us for an amount equivalent to a maximum of 85% of the value of the original invoice, which is to be provided by the client.
9- Guarantees of payment and reservation of title clause
The ownership of the goods sold will be transferred to the purchaser only after full payment of the price. The purchaser must hold at our disposal any equipment for which payment has not been made on the due date, as we reserve the right to remove the said equipment at our convenience and without further notice or proceedings.
We expressly forbid any assignment of our equipment or any transfer of debt concerning our supplies as long as full settlement of the said equipment has not been made.
In the event of court reorganisation or bankruptcy proceedings concerning the purchaser, the seller will be entitled to claim ownership of the goods sold, pursuant to the provisions of the Law of 25.01.85, Articles 115 et seq., including their price against any sub-purchaser.
10- Jurisdiction
In the event of any dispute arising relating to the conclusion or the performance of this sale, even in the event of an appeal or plurality of defendants, the Commercial Chamber of the Tribunal de Grande Instance in Strasbourg will have exclusive jurisdiction.
11- Conditions of the federation of foundries ("syndicat général des fondeurs")
We would like to point out that the foundries' Disclaimer also applies for foundry goods as well as these conditions.