1. CONTRACT
These general conditions are an integral part of the sale and are considered accepted by the Purchaser, even if they are in contradiction with general or specific conditions of the purchaser, conditions apply once expressly accepted by the seller. Any order is binding on the seller only after written confirmation from him. It is the same for commitments made by the representatives, technicians and employees.
2. RESERVATION OF OWNERSHIP
In case the buyer makes default in the payment of all amounts due, the seller reserves the right with or without notice to suspend all deliveries to the buyer until the latter has paid the amounts due. Pursuant to the provisions of Article L. 621-122 of the Commercial Code, the goods sold remain the property of the seller until full payment is made including any accessories. Coating Développement reserves the right to use all means to regain or to take the product in the event of nonpayment.
3. PRICE / BILLING
Our prices are in Euros excluding VAT, ex-works. Validity of the offer: 1 month.
You will be charged for shipping. In case of collection by the customer, the billing will be determined at the date of availability. Coating Développement reserves the right to deferred billing. The absence of objection to the invoice(s) by the Purchaser within 30 days from the date of issuance indicates outright acceptance of the amount of such bills. For special orders, the Purchaser agrees to accept a change in the quantity ordered of roughly 10% due to variations in production. Unless prior express agreement, the second possible choice from the production will come with the first choice. For coating materials where the Purchaser supplies the materials, the entire surfaces treated is subject to billing.
4. DELIVERY /SHIPPING
Unless otherwise stated, the shipping costs are the responsibility of the recipient. Deliveries are prepaid prior to forwarding. The goods travel at the risk of the recipient.
If damage occurs during transportation, it is the recipient’s responsability to indicate the object to the carrier to enable the possibility of appeal.
In case of non-compliance with specifications or in case of apparent defects, the buyer shall have 48 hours from receipt of goods to notify the seller in writing. After this period, claims can not be taken into account and any damage will be borne by the recipient. Delivery times are indicative only, they represent an average, and are subject to availability of raw materials. Exceeding delivery times does not allow the buyer to cancel the sale or to claim compensation. An order may be delivered in separate lots. Any claim made by the Purchaser must be made strictly in compliance with the terms of payment.
5. WARRANTY
The coated substrates are guaranteed for 3 months. This warranty does not apply if the conditions of storage of the goods supplied have not been met:
dry environment, ambient temperature, low temperature variation, away from light. Coating Development disclaims all liability for damages arising out of incorrect storage or use of the product.
The dimensional tolerances are +/- 2% of the width, +/- 2.5% over the length +/- 0.5% on squareness. The tolerance of the weight of the coated product is that of the manufacturer of the support +/- 10%.
Products are subject to changes in the functions of technical progress. Coating Development reserves the right to change specifications at any time.
For jobs requiring uniformity of color, the Purchaser shall notify Coating Développement of this constraint. Coating Développement can not be held responsible for non-compliance with technical specifications, or use for assembly of different lots, by the Buyer.
6. PRODUCT QUALITY
In case of dispute on the quality of products delivered, the Buyer must address Coating Développement, in the original packaging with the serial number, a blank sample of the offending product and a treated sample with the defect. If this claim is accepted by Coating Développement, it may, at its sole discretion, decide the eventual replacement of the goods, without compensation. The decision on the follow-up to the affected lot (destruction, return …) will be at the sole discretion of Coating Développement. In any case, all of the disputed goods must be made available to Coating Développement. No returns will be accepted without prior agreement of Coating Développement.
7. LIABILITY
Coating Développement may in no circumstances be held responsible for the consequences of misuse of products sold to or for the consequences of their use for a use other than that for which they are ordinarily used. The Buyer shall ensure that the product is suitable for its intended use before its production.
Responsibility of Coating Développement is limited to the single value of the goods supplied and can not, under any circumstances, be engaged on any other costs involved.
8. PAYMENT
Payments are made without discount, in advance, by bank transfer, unless special conditions have been agreed. A deposit with the order may be required. In cases where special conditions define a deferred payment, no exceptional agreement, approved by decree, allows avoidance of the limits set by Coating Développement. Pursuant to amendments to the Commercial Code, as provided by the LME Act of August 4, 2008, any delay in making the payment due, will render the balance automatically payable, and without prior action, a late penalty will be required, where the amount is calculated based on three times the legal interest rate applicable on the accepted invoice date. The VAT is the responsibility of the buyer. In addition, the payment of sums due after the eligibility date on the invoice, will incur the right of a lump sum for recovery costs of 40 Euros under Article L441-6 of the commercial Code, and the amount fixed by Decree No. 2012-1115 of October 2, 2012. In the event of regulatory changes in the amount of the lump sum, the new amount will be automatically substituted for that contained in these Terms and Conditions of sale. The application of this right to a lump sum shall not preclude the application of an additional allowance of the claim, on justification, according to the text mentioned above, due to the extent of all amounts which have been paid, whatever the nature, to ensure the recovery of debt.
9. JURISDICTION
In case of dispute of any nature whatsoever and regardless of the place of supply, only the courts of Chambery (73 -France) are competent.