TERMS OF SALES
WHAT ARE THE GENERAL CONDITIONS OF SALE OF THE VIS EXPRESS SITE?
APPLICATION: Unless otherwise specified in our writings, orders placed to us are subject without exception to the following general conditions prevailing over all conditions of purchase.
Any order is final as soon as we send the customer an order acknowledgment, the latter can no longer modify or cancel.
PRICE: Our prices are established according to the economic conditions in force on the day of our offer and would be higher on the day of delivery in case of variation of these conditions, except contrary agreements expressly accepted in advance. Our prices are net prices, excluding taxes and excluding any incidental costs (shipping, delivery costs, fixed billing fees, special checks, etc.).
AVAILABILITY: The availability of the products indicated on our Internet site is given as a simple indication and without guarantee, the actual availability being indicated in our acknowledgments of receipt of order.
WEIGHTS AND QUANTITIES: The weights and quantities indicated on our prices or catalogs are given as an indication and can not be invoked upon delivery of products. The weights and quantities delivered may vary from the weights and quantities ordered according to tolerances allowed in the profession.
DELIVERY TIME: The deadlines that we are called upon to state for the execution of the orders are given as a simple indication and without guarantee. War, strikes, epidemics, interruption of transport, shortage of transport equipment, lack of electrical energy, accidents and any other cause beyond our control entailing partial or complete unemployment of our establishments or those of our suppliers, subcontractors, service providers or carriers, are so many cases of force majeure that authorize and justify the delay of execution of orders or markets. We do not accept in any case the cancellation of an order in progress or to grant a discount on the amount of the invoice. Delays can not under any circumstances justify the resolution of the sale and give rise to deductions, penalties, compensation or damages. If, exceptionally, we were obliged to accept a mandatory delivery deadline, the delay in delivery could give rise to a penalty only if the principle has been expressly accepted in advance.
SUPPLY: The customer is obliged to supply all the products he has ordered, even if delivery rates have been agreed. Specific products are defined as products whose marketing is specific (off-plan products, products consumed by the customer only, products with coating, etc.) to the needs of the customer. In the event of non-rotation of the stock of these products even though supply, order or delivery programs have been set up in agreement with the customer, the latter undertakes to accept the delivery of the remainder of the stock of products concerned that it will settle under the usual conditions.
DOCUMENTS: All information relating to the general characteristics, strengths, uses or achievements of the products, all normative, qualitative, dimensional, tariff or other information, all drawings, all information in general contained in our catalogs, CD ROM, Internet sites, delivery notes, order confirmation or any other support are given as an indication, not exhaustive and without guarantee on our part, this except express clause of reception. In addition, this information is given subject to possible typographical errors, printing or any other nature. The export of the information contained in our documents to the own documents of our customers or any other natural or legal person is the responsibility of the latter. If a buyer or any other natural or legal person wishes to give contractual information to specific information he must make us the written request and only then our written acceptance. All information that we distribute and all products that we sell are subject to change, substitution or abandonment without notice and without commitment of our responsibility.
USE OF THE PRODUCTS: The customer or any other natural or legal person consulting us and / or ordering us products, is notably responsible for:
* the choice of the product,
* the transmission to our services of its precise definition,
* the research, the taking into account and the respect of all the technical characteristics of the product as part of the use made of it by the customer according to his needs,
* the suitability of the product with the conditions of use and the mounting environment,
* the use and interpretations he makes of the documents he consults, the results he obtains, the advice and the deeds he deduces.
Consequently, our responsibility can not be called into question under any of these grounds, among other things, whether in the context of the use of our information documents or consultation, an offer or an order.
DELIVERY - TRANSFER OF RISKS: Unless otherwise stipulated, the delivery of the products is carried out by their direct delivery either to the buyer, to the carrier or to the service provider designated by him or to the default chosen by us from our stores or those of our service providers, subcontractors or suppliers. In the event of impossibility to deliver or in the absence of instructions on the destination, the delivery is regarded as carried out by a simple notice of provision, the products being then invoiced and stored, with the expenses, risks and dangers of the 'Buyer. The transfer of risks to the buyer is made at the time of delivery as defined above, notwithstanding the right of retention of title.
Whatever the mode of transport employed, land, sea, river, air or any other nature, even if the prices would have been established and products shipped free of charge, they travel at the risk and peril of the recipient to which he belongs, in case of missing, delayed or damaged during the transport, to stipulate motivated reservations on the bill of lading and to exercise all the recourse against the carriers in accordance with the articles L 133-3 and L 133-4 of the Trade code. The products are insured only on the express instructions of the buyer and at his expense.
HYDROGEN FRAGILIZATION - OXIDATION - RESERVED: Electrolytic treatments for all materials with hardness greater than 320 Hv may cause embrittlement due to the presence of hydrogen. Caution: whatever the precautions taken, the presence of hydrogen, which can not be completely eliminated, always entails a risk of delayed rupture due to this embrittlement and the complete elimination of this risk can not be guaranteed. It is up to the customer to determine if the use of the product requires a complete elimination of the risk. In the event that this elimination is required, it is then necessary to use a suitable method of coating and preparation. For all products that may be subject to accelerated oxidation by their environment, the customer is responsible for determining and choosing the product and the consequences of this choice. In any case, we can not be held responsible in case of oxidation of products unless it is shown the hidden defect of the product.
GUARANTEE - LIMITATION LIMIT OF LIABILITY: In all cases where, after examination contradictory, it would be recognized that the products delivered are not in conformity with the order or involve abnormalities or a defect of material rendering them unfit for use, the guarantee of our company is limited to the simple supply of replacement products as our supplies would allow and without any compensation or compensation of any kind for labor costs, delay, prejudice caused or any other reason that could be invoked . Any replacement is excluded in case of normal wear of products, deterioration or accidents due to negligence, lack of supervision or maintenance and faulty or inappropriate use of products. It is up to the buyer to provide any justification as to the traceability of the products involved and the reality of defects, anomalies or non-conformities found.
No return of product is accepted without our prior agreement, especially with regard to the method of delivery. Products subject to replacement must be returned to us free of charge at our stores and any replacement products will be made available to the buyer leaving our stores.
Under penalty of forfeiture of the right to the guarantee as previously defined, the complaints relating to our products will have to be formulated by registered letter with acknowledgment of receipt. No claim will be accepted after the use of the delivered products or passed the period of 8 calendar days after their reception, for anomalies, nonconformities or visible defects. As such, it is the responsibility of the receiver to immediately check, upon receipt of the products, that they have none of these defects. In other cases of defect of the product delivered the period of complaint is 8 calendar days from the discovery of the defect.
Any transformation or modification of any kind (treatment, coating, machining, ... without this list is exhaustive) of the product delivered, made by the customer, by his own customers, by his subcontractors, or by any other person, we disclaim any responsibility for this product and the use that is made of it. If it is demonstrated, after a contradictory examination, by the buyer, by his own customers, by his subcontractors, or by any other person, that the anomalies or the vices rendering the product delivered unfit for use are not consecutive to the transformation or modification operations that it has undergone, the replacement guarantee of our company will operate under the terms and conditions mentioned above.
Our products are not intended for use in aeronautical or aerospace applications. Only a specific written request from our customers who have been the subject of a written commitment from us will be liable to our liability.
PAYMENT: Unless otherwise stated, our invoices are payable at the head office prior to delivery. Any change in the financial or economic situation of the buyer may lead at any time to a reduction in the amount of the outstanding amount and an adjustment of the payment terms. No discount is charged for early payment.
FAILURE OF PAYMENT: Failure to pay for a delivery allows us to suspend shipments.
The buyer can never, under any pretext whatsoever, retain all or part of the sums due, nor make a compensation. Any deduction of the settlement of our invoices will constitute a payment incident justifying the suspension of deliveries and the forfeiture of the term of all the claims.
CRIMINAL CLAUSE: It is expressly stipulated that in the absence of payment on the due date on our invoices an indemnity equal to 10% of the sums due, with a minimum of 20.00 euros, will be automatically due as a clause. without legal interest and without the need for a reminder.
CLAUSE OF RESERVE OF PROPERTY: The transfer of property of the delivered products to the purchaser will intervene only after the integral payment of the price, in principal, interests and accessories and as long as any other debt which we hold on the buyer to some title will not have been settled. Failure by the buyer of its payment obligations or, more generally, any event likely to create a serious doubt about the good creditworthiness of the buyer, will enable us to automatically demand the return of the products held by the buyer. . We have the right to take back the products at any time from the buyer, and for this purpose we are already authorized, as well as our employees and agents, to enter the premises of the buyer. For the purposes of this clause, payment of a draft or other instrument creating an obligation to pay does not constitute a payment.
Our products may be resold, processed or mounted before the final settlement in the normal course of business of our customers, provided that the claims arising from resale or processing are assigned to us in case of non-payment of our invoices at the due date. The right of resale, conversion or assembly will automatically terminate in the event that the customer is in default of payment or is the subject of a reorganization or liquidation procedure. This latter provision is defined as an obligation not to do within the meaning of Article 1142 of the Civil Code.
ATTRIBUTIVE CLAUSE OF JURISDICTION AND APPLICABLE LAW: In the event of dispute (and this whatever the place of the market, the place of delivery and the place of payment), it is agreed that the courts of Lyon will, in all cases, only competent to know, to the exclusion of any other, and even if there is plurality of defendants or call in guarantee. Free delivery, our effects or acceptance of payment do not novation or derogation to this jurisdiction clause. It is agreed that the competent courts will rule under French law.
VAT: We pay the T.V.A. on debits.