GENERAL TERMS AND CONDITIONS OF SALE of AIRMAT TECHNOLOGY
Ownership of the goods will only be transferred to the buyer after full payment of the sale price (Article 1 of the law of 12.05.1980). However, the responsibility and risks lie with the buyer as soon as they are made available.
Orders we receive are subject to the following terms and conditions:
1°) ORDER CONFIRMATIONS
Orders become final only after written confirmation from us, and only under the conditions stipulated in our confirmation.
2°) RESERVES
To be valid, reservations to our general terms and conditions of sale must appear on the order form and have been accepted by us on our acknowledgement of receipt.
3°) PRICE
Our prices are the result of a quote or the application of a scale. They are understood to be the economic conditions on the day of the proposal. Orders that are delivered within one month are considered to have been placed at a discounted price. Otherwise, our prices are always subject to review. In major proposals, this revision is the subject of a formula attached to our offer.
Our prices include: excluding taxes, non-recovered packaging invoiced extra, goods taken from our factories or shipped at the customer's request, freight paid or freight paid to be invoiced extra.
4°) OPTION PERIOD
Our prices are awarded with an option period of one month; After this period, we are no longer committed.
5°) SCOPE OF SUPPLY
Our supply is limited to the equipment that has been the subject of our proposals, excluding any sending of plans, documents, any costs of studies, reception or others. In any case, the tooling inherent in the orders received remains our property, even when it is taken into account in our quotes.
6°) RECEPTION
Our customers have the option of receiving the equipment themselves in our workshops or having it received by an organization of their choice.
In the event that they do not proceed with this reception, our goods are nevertheless deemed to have been received and approved in our workshops.
7°) DELIVERY
Our goods always travel at the recipient's own risk, and are considered to be the property of the customer from the day of making them available, subject to full payment of the sale price. The equipment will be invoiced on this date. If the buyer does not take delivery within a fortnight, we may, at our option:
a) either, if we see fit and without this clause being imposed on us in any case, consider the sale to be rescinded by operation of law; in accordance with Article 1657 of the Civil Code by the sole expiry of the time limit, without any extrajudicial or judicial formality, and this, subject to any damages caused for failure to take delivery within the required time, we may then dispose of the goods for the benefit of a third party
b) or, if we see fit and without this clause being imposed on us under any circumstances, give the customer formal notice by simple registered letter to have to remove the goods and, failing that, within 48 hours, to store them in a place chosen by us, all in accordance with articles 1345 to 1345-3 of the Civil Code. The invoice corresponding to the value of these goods will then be sent to the customer and will become due immediately, regardless of the payment terms that may have originally been agreed to plus storage costs.
8°) PAYMENT TERMS
Our terms and conditions of sale include the payment of deposits for any order over 10,000 Euros
These instalments are:
30% on order as soon as our acknowledgement of receipt is sent
20% upon the constitution of the main supplies, or at our choice two months after the date of issue of the order
50% or the balance payable when the goods are made available.
In the event that the delivery time is less than two months, the last two terms can be combined.
Other terms and conditions may be discussed with the client subject to financial compensation
"For any professional, in addition to late payment compensation, any sum, including the advance payment, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due in respect of recovery costs (Art L.441-6, 1 para. 12 of the Commercial Code and D. 441-5 ibidem)"
The rate applicable to these late payment payments is equal to the rate applied by the ECB to its most recent refinancing operation plus ten percentage points
9°) PAYMENT METHOD
Our goods are payable to HAUBOURDIN in EUROS.
In the event of delay, fees will be charged to the buyer. No discount is allowed without agreement with us on the acknowledgement of receipt. Sales made to a foreign country must be paid by irrevocable and confirmed bank letter of credit made out to our bank. These conditions are mandatory and we reserve the right to refuse any order that does not comply with them.
10°) DELAI
The deadlines indicated in our proposals are given as an indication. They are established according to the possibilities of implementation at the date of the proposal. As our manufacturing processes use external suppliers, the buyer can in no way claim any compensation whatsoever from us for failure to meet our deadlines. If the execution of certain orders proves to be impossible due to the failure of one of our suppliers or for any other case of force majeure: serious fire, lack of energy, lack of raw materials or others, the order will be considered null and void without giving rise to any compensation.
11°) PENALTIES
In principle, we refuse orders with late penalties. In the event that certain orders with penalty clauses for late delivery are accepted by us, these may only be valid if they stipulate an early delivery bonus clause as compensation. Late penalties to be valid must include a minimum deductible of 15 days and be limited to 5% of the amount of the order excluding taxes. In addition, the penalty clause can only come into play if the customer can prove the damage due to our delay.
12°) ORDER CHANGES
Any modification made to an order automatically entails the cancellation of the conditions previously accepted by us with regard to prices, deadlines, penalty conditions, and delivery methods. They may result in the complete cancellation of the order on our part without any compensation being claimed from us.
13°) GUARANTEE
The warranty period is one year after availability. We guarantee the material of our standard design against any manufacturing defects. However, the sole effect of this warranty extends to the replacement or repair free of charge in our workshops of parts recognized as defective by our services; These parts will therefore be sent to us free of charge and they will be returned in postage due if their condition was satisfactory.
They are returned free of charge if repairs or replacements have been made under warranty.
The warranty does not include the cost of dismantling and reassembling on site.
The supply of spare parts or the complete replacement of our equipment, in the event that it is modified, is only guaranteed for a period of one year from the date of registration.
The lifespan of rubber parts (membranes, sleeves, various gaskets or gaskets) is never part of our warranty as it depends mainly on the use.
We reserve the right to change the dimensions, materials, design or prices of our equipment at any time
We may discontinue the manufacture of any type of material listed in the catalogue at any time.
We do not make any warranty for equipment made to plans or sketches given by the customer or for our standard equipment when modified at the customer's request or indication.
Our warranty can only benefit the first purchaser who loses all warranty rights in the event that any repairs or interventions are carried out by a third party during the warranty period.
14°) TECHNICAL ASSISTANCE
Technical assistance from an assembler or a technician from our After-Sales Service is possible under the usual conditions of the control room. It is never an obligation, even when the equipment delivered is malfunctioning. In the latter case, our warranty is limited as stated in the previous paragraph and the dispatch of an assembler or technician is carried out at the customer's expense.
15°) INSURANCE
We have taken out civil liability insurance contracts for accidents and bodily injury and material damage caused by a defect in our equipment or by the intervention of our services. These agreements contain limits beyond which we exclude in advance any liability or participation. Our customers are invited to ask us to communicate these limits in order to supplement their own insurance or to discuss with us the formulas to adopt if they wish to cover other than that given by a current contract.
16°) APPLICATION OF OUR GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale are subject to French law. All duties, fees and taxes whatsoever to which the performance of these terms and conditions may give rise shall be the exclusive responsibility of the buyer. For the execution and interpretation of these agreements, jurisdiction is expressly assigned to the Commercial Court of Lille, which will have sole jurisdiction.