Conditions of SALE - LASER COMPONENTS France, S.A.S

GENERAL CONDITIONS OF SALE (Ed 8)

Applicable as of 01/01/13
Cancels and replaces previous ones where applicable

Article 1: Scope of application
Article 2: Account opening
Article 3: Offers and orders
Article 4: Prices
Article 5: Deliveries
Article 6: Garantie
Article 7: After-sales service
Article 8: Payment
Article 9: Reservation of ownership
Article 10: Resolutive clause
Article 11: Waste Electrical and Electronic Equipment (WEEE)
Article 12: Attribution of competence

 

 

Article 1: Scope of application
Our sales are subject to the present general conditions.
The seller, as mentioned below, is understood to be Laser Components S.A.S. The buyer, as mentioned below, is understood to be the natural or legal person who has signed and accepted these general terms and conditions of sale.
The present conditions apply exclusively to all sales concluded by the seller or his agents, acting on his behalf and on behalf of his principals. All other general conditions are only binding on the seller after express written acceptance by the seller.
The buyer is deemed to accept these general conditions without reservation by placing any order or accepting any offer from the seller.
The present general conditions may be modified at any time and without prior notice by the seller. These modifications shall be applicable without delay to all subsequent orders.

 

Article 2: Opening an account
To open a company account, a bank statement is required, together with a letter headed by the buyer's establishment, showing his contact details (address, telephone, fax, etc.), as well as his intra-Community VAT number and his SIRET number. As well as the name and department of the signatory. The first order entails payment in cash, accompanied by the invoice number of Laser Components S.A.S. Then, subject to the authorised credit line for subsequent orders, the conditions may be extended to 30 days end of month from the date of the invoice; the method of payment is carried out according to the conditions indicated.

 

Article 3: Offers and orders
Any order placed is firm and definitive (if applicable after payment of a deposit by the buyer if the payment conditions attached to the offer so stipulate). No cancellation of an order shall be effective before the seller's express written acceptance. The minimum order amount is 200€. Any modification of the order and any derogation to the present general conditions shall not be effective before the express written acceptance of the seller or formally included in one of its offers. The offers of sale are only valid within the limit of their validity. Case of open order: it must meet the conditions mentioned below. It is limited in time by the agreed deadline, and may in no case exceed 12 months. It defines the characteristics and price of the product, the minimum and maximum quantities and the deadlines for completion. If the buyer should make corrections to the overall open order and/or to the schedule, the seller will assess the consequences of these variations for the buyer.

 

Article 4: Prices
The prices expressed are in euros net of tax. The prices can be modified at any time and without notice by the seller. These modifications are applicable without delay to all subsequent orders.

 

Article 5: Deliveries
Unless otherwise agreed, deliveries shall be made from the seller's warehouse.
In the event of delays in delivery due to a cause external to the seller, deliveries are deemed to have been made on the agreed date. In any event, the deadlines are indicative and the seller shall endeavour to respect them, but shall not be held responsible in the event of late delivery. Furthermore, no delay, delivery error or technical advice may give rise to a claim for compensation for loss of income or for any damages whatsoever.
It is also strongly recommended that you check your packages in the presence of the delivery person. In the event of material damage, no claim will be accepted if the facts have not been noted on the carrier's receipt.

 

Article 6: Warranty
The products are guaranteed by their manufacturer or, failing that, by the seller for 12 months following the purchase against any material or manufacturing defect revealed in the course of normal use of the product, at the seller's discretion.
However, certain components or products intended to be incorporated into sub-assemblies may have their warranty period reduced or excluded from any warranty. The warranty is limited, at the seller's discretion, to the repair, exchange or reimbursement, in the form of a credit note, of the defective product.
The warranty does not cover damage resulting directly or indirectly from improper storage of the product - from clumsy or negligent use or use that does not comply with its intended purpose - from commissioning, handling or maintenance that does not comply with the manufacturer's or seller's recommendations - from intervention by a third party.
Unless otherwise agreed, the duration of the intervention carried out under the guarantee does not extend the duration of the guarantee.

 

Article 7: After-sales service
In the event of a return, the buyer must provide his contact details, the reason for the return and a copy of the proof of purchase, and he must also request a return authorization (RMA). Otherwise, the seller may refuse the return.
Products must be returned to the seller's address or any other place specified by the seller, in the original packaging in good condition, after obtaining the return number, at the buyer's expense.
If necessary, the seller may charge the buyer for the costs incurred for repackaging or any additional costs.
The return of products not supplied by the seller does not engage his responsibility for any damage that may occur during the intervention.

 

Article 8: Payment
Payment is understood to be the effective and complete transfer, to the credit of one of the seller's accounts, of the sums owed to him by the buyer. Payments may be made by any means, subject to the acceptance of this means by the seller and within the limits of the legal provisions.
In accordance with the law N° 2001-420 of 15 May 2001, published in the official journal N°113 of 16 May 2001 relating to new economic regulations, the payment deadline is set at the 30th day following the date of issue of the invoice. Any delay in total or partial payment of a due date will cause the sum concerned to produce, from the day following its due date, interest at a rate equal to three times the legal rate in force, the interest rate applied by the ECB + 10% (C.Com art L 441-6 al.3), without any formal notice being required from the seller. In addition, the company may claim from the buyer, as a penalty clause, an indemnity corresponding to 10% of the balance. The buyer may not under any circumstances invoke a claim on his part to justify the total or partial retention of a sum due to the seller.
Any delay in payment, even partial, authorises the seller to suspend its deliveries without any formal notice being required on its part and without the buyer being able to claim compensation for this.
In the event of legal action, the buyer shall automatically be liable to the seller for all costs incurred in connection with the proceedings brought. The discount rate for early payment is fixed at 0.3% per month.
In addition, pursuant to Article 121 of the Law of 22 March 2012 on the simplification of the law, transposing the Directive of 16 February 2011 on combating late payment, any buyer who is in arrears shall automatically be liable to the seller for a fixed indemnity of 40 euros, as set out in the Decree of 2 October 2012. If the collection costs exceed 40 euros, the seller is entitled to request additional compensation, upon justification.

 

Article 9: Reservation of ownership
The transfer of ownership of the goods sold is subject to the effective receipt of full payment of the price by the buyer. This clause does not prevent the transfer to the buyer of the risks of loss and deterioration of the goods delivered. Any delay in payment prohibits the buyer from reselling, modifying or incorporating the goods.
Any non-performance by the buyer of his payment obligation, whatever the reasons, authorises the seller to demand the immediate return of the goods delivered.
In the event of legal proceedings for recovery or liquidation, the buyer undertakes to carry out with diligence and speed an inventory of the goods in its possession, the ownership of which the seller has claimed under this clause.
In the event of default by the buyer, the seller may have this inventory carried out by a bailiff at the exclusive expense of the buyer.

 

Article 10: Cancellation clause
The non-performance by the buyer of one of its obligations will lead, 48 hours after the buyer has received a formal notice, to the automatic cancellation of the sale. The goods delivered must then be returned to the seller, without prejudice to any compensation that the seller may require.

 

Article 11: Waste Electrical and Electronic Equipment (WEEE)
In accordance with Article 18 of Decree 2005-829 of 20 July 2005 on the composition of electrical and electronic equipment (EEE) and the elimination of waste from this equipment, the organisation and financing of the collection and treatment of professional EEE waste, which is the subject of this sales contract, are transferred to the buyer who accepts them.
The buyer ensures the collection of the object of sale, its treatment and its recovery, in accordance with article 21 of the said decree. The above obligations must be transmitted by the successive buyers to the end user of the EEE.

 

Article 12: Attribution of competence
All disputes that may arise between the parties in connection with their commercial relations shall be submitted to the Commercial Court of Nanterre in the jurisdiction of which the seller's registered office is located, regardless of the terms and conditions of these relations and even in the event of third party appeals or multiple defendants.
However, the seller reserves the right to bring the buyer before the court in whose jurisdiction the seller's registered office is located.
The present general conditions are governed by French law. Any international attribution of jurisdiction is expressly rejected.