TERMS OF SALES
Article 1 – Application of the general conditions of sale.
These general conditions of sale are systematically given to each buyer to enable him to place an order. Consequently, the fact of placing an order implies full and unreserved acceptance of these general conditions of sale, to the exclusion of all other documents which are only indicative. Any contrary condition set by the buyer will be unenforceable.
Article 2 – The order.
Orders are only final when confirmed in writing. Acceptance may result from shipment of the product. The benefit of the order is personal to the buyer and cannot be transferred without the agreement of the seller. Any modification or cancellation of an order requested by the buyer can only be taken into consideration if it is received in writing before the goods are dispatched.
Article 3 – Delivery.
The seller reserves the right to make any modification he deems useful to his goods and reserves the right to modify without prior notice the models defined in his prospectuses and catalogs. Delivery is made by simple notice of availability or by delivery to the sender or to a carrier in the seller’s warehouses. The buyer undertakes to take delivery within ten days of the notice of availability. Failure to comply with this deadline, the seller provides for his storage at the expense and risk of the buyer. Deliveries are only made according to availability and in the order of arrival of orders. The delivery times are indicated as exactly as possible. The overruns cannot give rise to damages, withholding or cancellation of orders in progress. However, if three months after the indicative delivery date the product has not been delivered, for any reason other than a case of force majeure, the sale may then be resolved at the request of either party. . The purchaser may obtain restitution of his deposit to the exclusion of any other compensation or damages. In any case, delivery on time can only take place if the buyer is up to date with his obligations to the seller, whatever the cause. The goods are deliverable carriage paid or against reimbursement at the agreed place. In all cases they travel at the risk and peril of the recipient to whom it belongs, in the event of damage or missing, to make any necessary dispute and to confirm these reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within the three days following receipt of the goods.
Article 4 – Reception.
Without prejudice to the arrangements to be made with respect to the carrier, complaints on apparent defects or on the non-conformity of the goods delivered to the goods ordered or to the packing slip must be made in writing within eight days of the arrival of the products. . It is up to the buyer to provide any justification as to the reality of the defects or anomalies observed and he will refrain from any intervention himself or by a third party.
Article 5 – The guarantee.
The goods are guaranteed against any material or manufacturing defect for a period of one year from the date of delivery, in accordance with the warranty certificate attached to the goods. Interventions under the guarantee may not have the effect of extending the duration of the guarantee. Under this warranty, the only obligation incumbent on the seller will be the free replacement and repair of the good or element recognized as defective by its services. Any good called upon to benefit from the guarantee must be submitted in advance to the after-sales service of the seller and any shipping costs are the responsibility of the buyer. Defects and deterioration caused by natural wear and tear or by an external accident (faulty maintenance, abnormal use, etc.) or even by a modification of the property not provided for or specified by the seller are excluded from the guarantee. Likewise, the guarantee will not apply for apparent defects which the purchaser must take advantage of.
Article 6 – Payment.
The goods supplied at the prices in force according to the prices applicable at the time of the order. Each delivery will correspond to an invoice which will include all the information provided for in article 31 of the ordinance of December 1, 1986. Unless otherwise stipulated, payments are made at the domicile of ALCIA Laboratories, net and without discount. In the event of non-payment, the seller may suspend all pending orders. Any amount not paid on the due date will automatically and without prior notice, by way of derogation from article 1153 of the Civil Code, give rise to the payment of late interest at the discount rate of the Banque de France. In the event of non-payment, forty-eight hours after an unsuccessful formal notice, the sale will be terminated automatically if the seller sees fit, who may request an interim return of the goods without prejudice to all other damages. This resolution will affect the order in question and all previous unpaid orders. In the case of payment by commercial paper, the failure to return the instrument will be considered as a refusal of acceptance comparable to a default of payment. Likewise, when the payment is in installments, the non-payment of a single installment will result in the immediate payment of the entire debt, without formal notice. In any case, payments may not be suspended, nor be the subject of any compensation, without the prior written consent of the seller.
In accordance with decree n ° 2012-115 of October 2, 2012 resulting from law n ° 2012-387 of March 22, 2012, in the event of late payment on the due date, a lump sum of 40 euros will be requested (fixed penalty for collection costs)
Article 7 – Transfer of risk.
The transfer of risk to the goods takes place upon shipment from the seller’s warehouses. The goods thus travel at the risk and peril of the buyer.
Article 8 – Retention of title.
ALCIA Laboratoires retains full ownership of the goods delivered even if they are subject to transformation or resale until full payment thereof and notwithstanding down payments or acceptance of commercial bills. . Thus the transfer of ownership of delivered goods is suspended until full payment of the price.
Article 9 – Jurisdiction clause.
Will have sole jurisdiction in the event of any dispute of any kind or disputes relating to the formation or execution of. The order, the Commercial Court to which the domicile of ALCIA Labortoires falls, unless the seller prefers to seize another competent court. This clause applies even in the event of interim relief of an incidental claim or of multiple defendant and whatever the mode and terms of payment. If the parties agree, they can also resort to arbitration by the Chemical Industries Arbitration Committee, the award of which is binding.