1- ACCEPTANCE OF TERMS
The acceptance of our offers implies acceptance of our terms of
sale and payment below. The customer acknowledges having
read, at the time of ordering, the general conditions of sale set
forth herein and expressly accept them without reservation unless
written exemption and express our part. These general conditions
of sale govern the contractual relationship between the Sarl Xerius
and client.
9- PAYMENT AND LATE PAYMENTS
Failure to make a payment automatically entail the removal of
payment facilities, the balance of the price becomes due
immediately and the forfeiture of terms being acquired
immediately for any in-progress. If payment occurs after the due
date stated on the invoice, a late fee will be required of a
contractual interest rate of 3.03%. Orders must be off for
collection.
2- FORMATION OF CONTRACT
The customer acceptance of these pre-contractual quotes and all
orders sent to Sarl Xerius must always be made in writing. An
order made by the company Sarl Xerius can only be effective upon
receipt of the signed quotation by the customer. The buyer has a
withdrawal period of 7 working days counted from the contract
signature. The right of withdrawal is 7 days in accordance with Article code L121-20 consumption by Order No. 2001-741 of 23
August 2001.
10- RESERVE PROPERTY
Under Article 1583 of the Civil Code, it is expressly agreed that the
goods remain the property of our company until full payment of
their price plus its fresh penalties eventually. Articles 2367 to 2372
of the Civil Code dealing with the retention of title clause. This
mechanism is to retain the ownership of property as collateral
until full payment of the obligation which constitutes the
consideration. The retention of title is agreed in writing. The goods
concerned must be returned to us at its cost, as of this notification.
If goods or materials had perished or suffered damage while they
remain in the custody of the buyer, it would suffer the
consequences.
3- PRICES
Prices are valid in clean option limits for each proposal. They are
expressed in euros and exclude VAT. The VAT rate generally
applied is 20% in France. They take into account the VAT
applicable on the date of order. Any change in the applicable rate
will be reflected in product prices. In the course of export, any
change in taxes and customs duties will be also affected. Prices do
not include transport and customs prices.
4- CONFIDENTIALITY - INDUSTRIAL PROPERTY
The plans, working drawings, sketch, manufacturing diagrams,
models, notes, and in general all documents, all written or verbal
information provided to the supplier is strictly confidential and
remain the exclusive property of SARL Xerius.
5- DELIVERY
Each product supplied is photographed to ensure the good
condition of the latter. In case of malfunction due to a technical
problem, the products will be analyzed and repaired. We invite
the customer to read the manuals. Delivery times are indicated on
the order, the delay can not in any case be invoked as a cause for
cancellation of the order and not be entitled to any compensation.
The deadlines apply from the control taken by the client.
6- BILLING
Invoicing rules are defined by Article L.441-3 of the Commercial
Code, any purchase of goods or provision of services for a
professional activity shall be invoiced. It must be established and
be written in French under the provisions of Law No. 94-665 of 4
August 1994.
7- TRANSPORT
Our deadlines are indicative, potential delays may be eligible for
the benefit of the purchaser to compensation, price reduction or
cancellation of order. It belongs to the recipient in checking and
making reserves for the arrival of equipment. We can take care of
organizing the delivery of your orders via a carrier we will then
refacturons transport costs.
8- WARRANTY CLAUSES
In case of hidden defects and recognized our guarantee limit will
stop to replace the item, excluding shipping costs, compensation,
replacement labor and damages. In relations with nonprofessional buyers and consumers the legal guarantee for hidden
defects and defects applies in any case in accordance with Article
1641 of the Civil Code provided that the purchaser makes the
proof of hidden defect.
11- FORCE MAJEURE
Is considered force majeure any uncontrollable event by the
parties, as, flood, fire, strikes, unforeseeable and unavoidable
accidents, war, boycott, abnormal weather events, transportation
interruptions, mobilization, shortage of raw materials. On the
occurrence of a force majeure, SARL Xerius undertakes to inform
promptly the customer in writing. The performance of the contract
is suspended during the time and to the extent that plays force
majeure. The duration of the suspension must be agreed between
the parties.
12- LEGAL INFORMATION
According to the "Information and Freedom" law, the processing
of personal information about customers has been declared to the
National Commission of Information and Freedoms (CNIL). The
right (Article 34 of the Act of 6 January 1978) a right to access,
modify, rectify and delete data concerning him. SARL Xerius
company undertakes not to provide free or in exchange of
information on its customers to a third party