Terms and Conditions of Sale
OPPORTUNITY
Any order placed implies full and unconditional acceptance by the customer of these conditions and the special conditions mentioned in the quote.
In accordance with the provisions of Article L. 441-6 of the Commercial Code, these general terms and conditions of sale shall prevail over any terms and conditions of purchase, except where special terms and conditions of sale have been agreed between the parties.
FORMATION OF THE CONTRACT
LABERINE ENERGIE's offers are valid for two months unless otherwise specified.
LABERINE ENERGIE reserves the right at any time to set a ceiling on the amount outstanding or to require serious guarantees or payment before delivery, and failing that to cancel or suspend any order in progress.
ACCOUNT OPENING
To open a company account, the client must provide LABERINE ENERGIE with the company name, the name of the contact person, the department, a bank statement (with IBAN and BIC), contact information (address, telephone, fax, etc.) as well as the VAT number and the SIRET number.
PRODUCTS
All specifications, illustrations and indications of weight, size or capacity and all other details appearing in the publications are intended only as a general description of the products and should not be considered as a contractual commitment on the part of LABERINE ENERGIE
LABERINE ENERGIE reserves the right to cease marketing any product offered to the purchaser in the commercial documents and/or to modify the characteristics of these products at any time, without any prior notice and without being able to give the right to payment of any damages.
OWNERSHIP OF THE STUDIES
The studies, preparatory work, methods and processes implemented remain the exclusive property of LABERINE ENERGIE. In this respect, the client shall not directly or indirectly :
- to use any element of the studies and to exploit in any way whatsoever the results of the studies conducted and developed by LABERINE ENERGIE.
- to communicate to third parties all the information and elements transmitted (plans, technical data sheets ...).
The customer will protect, indemnify and guarantee LABERINE ENERGIE at all times against all the consequences of a possible claim based on the violation of intellectual and/or industrial property rights by third parties in the event of production or reproduction in accordance with the order and the customer's instructions (in particular: legal and defence costs, condemnations, etc.)
DELIVERY TIMES
Delivery times are given as an indication only. Possible delays do not give the customer the right to cancel the sale, to refuse the material or to claim any compensation.
In any case, the agreed deadlines will be extended in case of force majeure. Cases of force majeure include the total or partial stoppage of LABERINE ENERGIE's personnel or that of one of its suppliers or carriers due to strike, fire, flood, manufacturing accident, lack of raw materials...
TERMS OF DELIVERY
In any case, the risks of loss or deterioration of the material are transferred to the customer as soon as the material leaves the LABERINE ENERGIE warehouses.
In the event that the delivery is entrusted to a carrier, it is the customer's responsibility to verify, in the presence of the carrier, that the packages bear no trace of suffering, debris, breakage
The customer must make mention of the reservations on the transport documents, or failing that, notify them, in accordance with article L. 133-3 of the Commercial Code, to the carrier by registered letter with acknowledgement of receipt at the latest within three days following delivery, with a copy sent to LABERINE ENERGIE. Failing this, no claim can be accepted by LABERINE ENERGIE.
Returned products are subject to quality control before any decision is made.
GUARANTEE
Any claim must include details of the use of the item, the date of purchase and the location of the defective component. Liability is limited solely to goods supplied by LABERINE ENERGY and does not apply to damage, injury or loss of earnings caused by a defective component.
The use of goods supplied by LABERINE ENERGIE must comply with the manufacturer's technical recommendations.
The goods sold are guaranteed against any operating defect resulting from a material, manufacturing or design fault, for a period of one year from the date of invoice, subject to proper use of the product by the customer. Repairs resulting from normal wear and tear of the equipment, deterioration or accident due to negligence, lack of supervision or maintenance, defective installation or installation not in accordance with the seller's recommendations, modifications or additions made to the equipment without the seller's express agreement are excluded from the warranty.
Our guarantee is limited to the repair or, at LABERINE ENERGIE's discretion, the replacement of the equipment recognized as defective by our technical department and cannot have the effect of extending the guarantee period.
LABERINE ENERGIE will in no way be held responsible for repairing the damage caused by this defect, including, in particular, the unavailability of the equipment during the repair or replacement time.
PRICES AND TERMS OF PAYMENT
The price is exclusive of all taxes (fiscal and customs), packing, loading, unloading, insurance and transport costs.
No discount is granted for early payment.
In case of late payment, in accordance with the law n° 2008-776 of August 04, 2008, the customer will incur penalties, without the need for a reminder, on the day following the date of payment shown on the invoice. Any delay in payment will give rise to late payment penalties equal to three times the legal interest rate in force. The customer is deprived of the benefit of the term and LABERINE ENERGIE may demand immediate payment of the balance of the price still due. The client will have to reimburse all the expenses incurred for the recovery of the sums due (in particular bailiffs, lawyers, etc.) In accordance with article D. 441-5 of the French Commercial Code, a fixed indemnity to compensate for recovery costs is due as of right from the first day of late payment whatever the time limit applicable to the transaction (supplementary time limit provided for in article L. 441-6 I paragraph 8, agreed deadline provided for in article L. 441-6 I paragraph 9, regulated deadline provided for in article L. 441-6 I paragraph 11, deadlines provided for in 1° to 4° of article L. 443-1). This fixed indemnity of 40€ will have to be paid in case of late payment of any debt, in addition to the late payment penalties. LABERINE ENERGIE reserves the right, with or without prior notice, to suspend the client's current orders, until the client has paid the sums due, and to repossess the equipment delivered.
RETENTION OF TITLE AND TRANSFER OF RISK
In application of article 2367 and following of the Civil Code, the goods sold remain the property of LABERINE ENERGIE until full payment of the price and its accessories (ownership clause). In the event of a dispute or contestation on the part of the customer, no compensation of any kind may call into question the retention of title clause.
This provision does not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as the damage they may cause.
PROVISION OF EQUIPMENT FREE OF CHARGE
In the event that LABERINE ENERGIE makes equipment available free of charge, the following conditions shall apply
The recipient will assume the responsibility resulting for him from articles 1927 and following of the civil code. Consequently, all deteriorations (other than those which would be obviously due to a manufacturing defect of the material concerned), as well as any disappearance of the material, in particular loss, theft or fire, will be entirely at his expense.
In case the recipient is not the owner of the buildings in which the equipment will be installed, LABERINE ENERGIE may notify the owner of the said buildings of this agreement.
In addition, the recipient undertakes to inform LABERINE ENERGIE immediately of any transfer of the material in storage outside the premises.
The consignee shall insure the equipment on deposit with a company known to be solvent for all damage that may occur to the equipment or due to this equipment, in particular by fire, explosion, etc., and shall regularly pay the premiums corresponding to this policy. The consignee shall justify to LABERINE ENERGIE, on request, the payment of these premiums and possibly of the contract.
At the end of the provision, the recipient will be obliged to return the equipment to LABERINE ENERGIE in a perfect state of maintenance and operation. In the event of deterioration, the recipient will be invoiced for the repair according to the general LABERINE ENERGIE tariff in force on the date of return. The recipient will also be responsible for the cost of returning the equipment to LABERINE ENERGIE.
LABERINE ENERGIE is the only one authorized to carry out any intervention that may be necessary on the equipment.
Products not returned in time will be charged to the recipient in accordance with our price list in effect on the day of disposal.
JURISDICTION - APPLICABLE LAW
Any dispute, of any kind, will be the exclusive competence of the Commercial Court of DOUAI which will have to apply the French law.