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conditions of sales

Conditions of sales

GENERAL CLAUSES

Our sales are subject to these terms which prevail over any sales conditions, unless we grant formal and specific derogation.

ORDERS

Orders may be placed directly with our Sales Department by letter, fax, telephone or internet. All your orders shall be honoured, depending on stock availability, without minimum billing requirements and with the same service, regardless of the value of each order.

PRICES

The prices of the goods sold are those applicable on the day on which the order is placed. They are given in euros and calculated without VAT. Consequently, the rate of VAT and transport expenses applicable on the day of the order shall be added. The company Michel VAILLANT grants itself the right to modify its rates at any time. However, it commits to billing the goods ordered at the prices given on recording the order.

REBATES AND DISCOUNTS

The rates we propose include any rebates and discounts granted by the company Michel VAILLANT. No discounts shall be granted in case of early payment.

PRODUCTS

Certain characteristics of our products may be modified at any time in order to improve their performance or observe any new standards which might be introduced. Our customers accept these modifications in advance provided they do not modify the use of the products or goods ordered.

DELIVERIES IN METROPOLITAN FRANCE

Transport costs are payable by the customer and are calculated according to the weight of the order. Specific conditions may be considered for particular orders and destinations. For exports, please consult us.

DEADLINES FOR DELIVERY IN METROPOLITAN FRANCE

Delivery deadlines are given for reference only and may in no case legally bind us. Any delays or stock shortages do not entitle the buyer to cancel their order, refuse the goods or claim damages and interest. 48 to 72h for all kinds of parcels.

EXPORTATIONS

Deliveries within the E.E.C. are billed with French V.A.T. if the customer does not possess a European Tax Identification Number. Our prices are given Ex Works (EXW), all costs incurred through export being payable by the customer. Any litigation shall be resolved under French law, to which the buyer and seller specifically refer.

PAYMENT

For credit customers, goods are paid on receipt of the goods by bank card, cheque or transfer. An account is opened by sending full bank account details. In case of payment issues regarding an earlier order, payment may be demanded on ordering. For customers who do not have an account on our books, payment is made on ordering, preferably by bank card.

The company’s full bank account details are as follows:

ETS MICHEL VAILLANT

– CREDIT AGRICOLE

BIC : AGRIFRPP881

IBAN : FR76 1810 6000 2196 7194 9009 025

- CCP :

BIC : PSSTFRPPLYO

IBAN : FR41 2004 1010 0700 1641 1L03 817

LATE PAYMENT

In case of total or partial late payment of the goods delivered on the day of receipt, the buyer is required to pay the company Michel VAILLANT a latepayment penalty equal to one and a half times the legal rate of interest. The interest rate applied is that applicable on the day on which the goods are delivered. This penalty is calculated on the total value, excluding VAT, of the remaining sum due and is applied as of the payment deadline, without it being necessary to serve official notice. If in the fifteen days following the application of this clause, the buyer has not settled the remaining sums due, the sale shall be cancelled. This situation may entitle the company Michel VAILLANT to receive damages and interest.

Moreover, according to articles L.441-6 and D.441-5 of the Commercial law, any delay in payment will result in full besides late charges, obligation for the debtor to the minimal fixed 40-euro allowance for recovery costs, knowing that we reserve the right to claim additional compensation, on evidence, when recovery expenses exceed the amount of the allowance.

WARRANTIES

The goods sold are guaranteed against any operating defects resulting from a material or manufacturing defect. This warranty does not apply : if the defective material or design was provided by the customer, in case of errors in use, should the operating defect be the result of normal product wear and tear, negligence or lack of maintenance, or if the operating defect was caused by force majeure.

CLAIMS

Claims shall no longer be considered following expiry of a deadline of 30 days as of the day of billing. Any items returned must be accompanied by a letter providing details of the article’s defects, its use and date of purchase.

We strongly recommend you check your packages in the presence of the deliverer. Any exceptions on delivery must strictly be issued to the carrier on delivery and be notified to them by registered letter within 48 hours.

RESERVATION OF OWNERSHIP

The company Michel VAILLANT retains ownership of the goods sold up until full payment of the price, including the principal, costs and incidental charges. Therefore, should the buyer enter into receivership or court- ordered liquidation, the company Michel VAILLANT reserves the right to lay claim, within the insolvency proceedings, to the goods sold which remain unpaid.

COMPETENT COURT

In case of litigation and failure to reach mutual agreement, disputes shall be heard before the Court of BONNEVILLE. (Haute-Savoie)

 


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