GENERAL TERMS OF SALE
ARTICLE I: orders
The order which is worth sale contract, is irrevocable, from signature of the order form by the buyer. However, the seller benefits from a deadline of 15 days running(roaming) from the reception of the order form, to proceed to the resolution of the contract without payment of allowance in case of order in anormal quantity, or the process of being re-stocked in limited quantity, or in case of force majeure.
ARTICLE II: price rates
The sale prices indicated on the order form get on departure of our warehouse, except postage and except insurance.
ARTICLE III: delivery
The delivery deadlines concerned the order form are given only for informational purposes. They are not rigorous and cannot give rise on any account to termination or to request of damages. The buyer who takes delivery of goods has the obligation to verify the weights, the brands and the quality of the goods and to formulate any reserve with the carrier. In case the lacking and quality of the sold items are imputed to the seller, the buyer has to, under penalty of foreclosure, inform by writing, with acknowledgement of receipt, the seller about it under deadline of 72 hours running from the reception of the delivery. For lack of complaint under deadline of 72 hours, the buyer will be debarred by his requests of resolution for non-compliance or latent defects of the delivered goods.
ARTICLE IV: termination
In every case of changes in the situation of the buyer, in particular death, incapacity, recovery or judicial liquidation, suspension of payments, change of management, dissolution or modification of companies, the seller can require guarantees or even cancel the order, without being kept responsible for damages. Only the seller can decide on it.
ARTICLE V: transfer of the risks
The transfer of the risks on the buyer will occur from the storage place of the goods by the seller warehouse. The goods will always travel at the risks and dangers of the buyer. The buyer makes his business in case of damage, theft, partial or total loss, destruction of the goods. The buyer refrains from any appeal against the safe seller for the first one to exercise any action against the carrier.
ARTICLE VI: payment
The goods are payable in the head office whatever is the place of delivery. Any delay in payment on the agreed date lead to automatically and without formal demand the application of late payment penalties for one and a half time the interest rate legal decided every year by the French State.
ARTICLE VII: “Electio juris“
The signatory parties agree irrevocably to submit all legal and economic contacts to the French law and to the present contract. The present clause of electio juris applies to the totality of acts and legal facts ensuing from present and their consequences. The French legal system will govern in particular the formation of the present contract, its formalism, its reading, its contents, its execution and in a general way all the civil, commercial or penal direct or indirect obligations liable to be connected with it or to be the opportunity or the cause. The French legal requirements are auxiliary, present general and particular conditions forming agreement of the parties and have for object to settle the questions not resolved by the contract.
ARTICLE VIII: attributive Clause of jurisdiction
The parties agree to attribute exclusive skills to the county court of Créteil, Commercial Chamber, to know of any dispute of commercial nature resulting from the execution of the present and from their consequences. The parties also agree to attribute exclusive skills of the County court of Creteil in civil and penal subject to know of any dispute of the same nature resulting from the execution of the present and from their consequences. The court's jurisdiction of Big Authority of Créteil suited expressly even in case of recourse under warranty or of plurality of respondent.
ARTICLE IX: Reserve clause
The goods delivered to the customer remains the property of the seller up to complete payment of the price, the expenses, the accessories and the interests. In case of partial payment of the price of the goods with term, the seller reserves the right of exercising any share in claiming aiming to take back the goods. The buyer refrains to remove packaging or labels appearing on the existing goods in his stocks and not yet adjusted. It is expressly suited that the goods in stock in the premises of the customer and carrying on the reference of the non-paid goods are considered concerned to the due invoices within the limits of the quantities corresponding to these invoices. The return of the goods will take place by beginning with the most recent deliveries. In case of recovery or judicial liquidation of the customer it will be up to the latter to inform immediately the seller to allow the latter to exercise its recourse in claiming. Any violation of the present clause will open straight ahead for the benefit of the seller to a repair damage not liable to reduction by the competent jurisdictions equal to the double price of the not paid delivered goods. The signature of the present order form worths contract by signature of both parties and acceptance of general and particular conditions of sale among which in particular clause " of electio juris " - attributive clause of court's jurisdiction of Big Authority of Créteil clause of property reserved for the benefit of the seller