GENERAL SALES CONDITIONS
Any order placed in any way whatsoever with LINAË® entails the unconditional acceptance of our General Sales Conditions, notwithstanding any contrary stipulation in our customers’ General Purchasing Conditions or any other document.
Our offers do not constitute a commitment. We are only committed to any oral agreements or information as of our written confirmation thereof. Photographs are never contractual. In the event of a financial risk, LINAË ® reserves the right to refuse an order at its sole discretion and without any explanation.
You may send us yours orders by letter or fax. The delivery deadline starts on the reception date of the written order, subject to the fact that all technical clarifications have been carried out previously. If this is not the case, the deadline will start when the last technical clarification has been confirmed in writing.
PRICES, PAYMENTS, PENALITIES
Prices: the price of our goods is understood as being ex-works, no packaging, unless otherwise specified in our offer. Prices are valid for two months unless otherwise specified in our offer.
However, prices may be revised without notice in the event of any modification in tax, customs and corporate legislation, and generally any legal measure which may impact prices; in the case of significant currency exchange rate variations, and a force majeure event.
Payment terms: the first order is payable cash on delivery. The following orders are payable at 45 days end of month, or within eight days with a 2% discount. For all orders in excess of EUR 10,000, a 20% deposit will be requested when ordering; this is payable by cheque on reception of our order confirmation. The balance will be payable by accepted draft to be sent back to us within eight days of the invoice date; this is also the due date deadline start date.
If accepted drafts are not returned within eight days following the invoice date, or if an invoice is not paid, all subsequent invoices or drafts shall be immediately payable even if they have not reached their term, and we would be entitled to suspend performance of any on-going order.
The purchaser undertakes not to use a claim against LINAË ® as grounds for modifying or postponing the payment of all or part of an invoice.
Late payment: any delay in payments will ipso jure entail that nominal amounts of receivables become mature; penalties will be calculated on the pro-rated basis of 18% per year, in addition to collection costs, and without prejudice to LINAË ® suspending on-going orders.
We may never be held responsible for supply delays from our suppliers, or for stock shortages. Delivery deadlines are provided for information purposes only and do not commit us. Any delivery delay due to the purchaser will entitle LINAË ® to invoice the relevant goods and keep these at the purchaser’s disposal, at the latter’s expense and risk. Goods’ transfer of risk takes place as soon as they leave our plant, unless the offer refers to an Incoterm which stipulates that such transfer takes place elsewhere.
TITLE OF OWNERSHIP
The seller continues to own the sold goods until full payment of the price in principal, including accessories. Payment default on any one of the due dates may result in immediately reclaiming the goods. This provision does not hinder the transfer to the purchaser of loss and deterioration risks for the sold goods, and the damages which may be caused thereby, as soon as they leave our plant. If the goods are resold by the customer before the price thereof has been paid in full, the customer shall transfer this receivable to us and if payments of the said receivable have already taken place, these shall be transmitted to us upon reception.
All our products are covered by a one year warranty starting on the invoice date. If our offer explicitly specifies that the one-year warranty starts when products are activated, the said warranty shall never last longer than two years after the invoice date. Any claims shall precisely detail operating conditions, which must comply with those stipulated at the time of order, the purchase date and in product references. The warranty only covers products supplied and delivered by LINAË®, excluding any possible consequential or operating loss; LINAË ® will decide whether to repair or replace the defective elements. The warranty implies that the customer returns the defective equipment to our workshops, at the latter’s expense, and accordingly excludes any LINAË ® intervention on the customer’s site due to the warranty.
DEADLINES, RETURNS, LITIGATIONS, DISPUTES
No claims will be accepted unless made within 48 hours of receiving the equipment, or emergence of the defect, reason for the claim. No goods shall be returned to us without our prior written agreement thereto, whether with respect to the warranty or otherwise. In the event of a dispute, only the Commercial Court of Saint-Etienne-Montbrison shall be referred to.