GENERAL TERMS AND CONDITIONS OF SALE COMPANY STS INGENIERIE
Any order placed to STS Ingénierie by the buyer implies its adherence to all of these conditions.
1. Conclusion of the contract :
Orders addressed to us become final in price and time only when they have been confirmed by a written ARC of STS Ingénierie. Neither the commencement of performance by STS nor the delivery of the goods ordered can be considered or interpreted as an acceptance by STS Ingénierie of provisions in documents from the buyer.
2. Prices and delivery times :
Our prices are exclusive of taxes, transport and miscellaneous costs. They are invoiced on the basis of the rates in force on the day of delivery. The payment of the products must be paid at the time of purchase by the buyer. Except for specific written agreements between the parties.
3. Validity of the offer :
Generally speaking, our validity for an offer or quotation concerning a product or service is three months from the date of communication of the document to the buyer. See specific indications on the price offer if applicable.
4. Price revision :
In the case of orders placed at regular intervals or over several months, STS Engineering reserves the right to recalculate prices on the remains to be delivered and by informing the buyer in advance in writing. The indicated price may be revised:
- in the event that one of the elements of the cost price (labor, raw materials, taxes, duties or other causes beyond our control) should be significantly modified
- according to the evolution of the production price index of the French industry for the French market (CPF 28.9) https://www.insee.fr/fr/statistiques/series/108665892?INDICATEUR=2881461 Except specific conditions mentioned on the offer itself.
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5. Delivery times :
The indications relating to delivery times for goods or services that may appear in the documents relating to an order are only estimates and do not constitute a contractual commitment by STS Ingénierie. Consequently, a delay in the delivery of goods or the execution of services cannot lead to the cancellation of the order, nor to the payment of any compensation to the buyer. Unless specifically agreed otherwise in writing between the parties.
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6. Packaging :
Packaging is disposable, in compliance with environmental regulations. Returnable packaging must be paid for with the merchandise at the time of purchase. They are refunded according to the values of our scales in force on the day of shipment. They must be returned to us free of charge and in good condition, within a maximum period of 6 months. Beyond this period, the packaging will no longer be refunded.
7. Transport - Incoterms :
The goods are either :
EXW: The goods are available at our premises on a fixed date. The buyer organizes and pays for the transport. He also bears the risks up to the final destination of the goods. Export formalities and costs, as well as duties and taxes related to these two operations are also the responsibility of the buyer.
DAP: the seller bears the costs and risks during the transport of the goods to an agreed address. As soon as the goods have arrived at this address and are ready for unloading, the risk passes to the buyer with a freight cost based on the scales of the sponsored carrier which will be invoiced to the buyer.
Free of postage and packing entirely managed by STS Ingénerie.
Additional charges related to the specific characteristics of the products shipped may be applied depending on the destination, the desired speed of delivery, the mode of transport, the weight, class and value of the products transported and subject to the conditions of the country of destination and the carrier selected.
In all cases of transport outside France, the goods always travel at the recipient's risk. Packages must be checked upon arrival by the recipient.
Depending on the condition of the package upon receipt, it may be: "accepted", "accepted with reservations" or "refused with return". It is up to the buyer to exercise his recourse against the carrier in case of delay, damage, missing, or total loss.
8. Claims and Returns :
All complaints, to be admissible, must be made within eight days of receipt of our goods. Returns are only accepted if we have previously authorized them. They must be sent to us free of charge and must only include goods that are in perfect new condition. Their acceptance only becomes final after examination of the returned products.
Specific products, such as those manufactured according to our customers' indications or plans, are neither taken back nor exchanged.
9. Warranty :
The guarantee of our products is limited to the reimbursement or replacement of goods recognized as defective by us, excluding all other costs. The warranty will be limited to that granted by STS Ingénierie, as well as its duration for normal use of the devices in accordance with the indications given in our manufacturer's manuals. Any modification of the product by the purchaser or a third party releases STS Ingénierie from its obligation of warranty or liability with respect to defective operation and the consequences that could result from it. Our product warranty is limited to the value of our service.
The warranty on our products is 1 year from the date of delivery. Unless otherwise specified in writing by STS Ingénierie.
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10. Minimum billing :
For any order less than 200 € a flat rate of 72,00 € for administrative processing will be applied.
Unless otherwise specified in writing by STS Ingénierie.
11. Terms of payment :
All our invoices are payable to STS Ingénierie 30900 Nîmes, whatever the method of payment stipulated on the price offer.
The goods are payable under the conditions defined by STS Ingénierie, the invoice date being the starting point of the payment period. A discount for early payment may be granted according to the base rate of the Bank of France.
Under no circumstances may the terms of payment exceed the deadlines set forth in the new regulations on the Modernization of the Economy.
Law N° 2008-776 - art. L441-6 of the French Commercial Code :
Either :
60 days, invoice date or 45 days, end of month by way of derogation.
Basis of payment STS Ingénierie :
For a first case, the terms of payment are 50% to 100% with the order, the balance of payment upon delivery of the order.
Once the first case, our terms of payment are 30 days from the date of invoice by credit card, bank transfer, draft or check from the date of invoice.
Unless otherwise stated on our proposal.
The only valid method of payment for a customer order is the one indicated on STS Ingénierie's valid price offer.
Note: The debt owed to STS Ingénierie by a customer following an invoice for a product or service may be assigned to a factoring company.
Unless otherwise specified in writing by STS Ingénierie.
12. Late payment :
In the event of non-payment on its due date of any sum due by the purchaser, the sum remaining unpaid will automatically and without the need for formal notice or any other formality produce penalties, the amount of which will correspond to three times the legal interest rate applied by the European Central Bank plus 10 points, which will be added to the sum due.
In the event of non-payment on the due date, the purchaser shall pay, as a penalty clause, a lump sum of 15% of the sums remaining due, without prejudice to the payment in principal of the conventional default interest as well as a processing surcharge of €40 per invoice will be applied.
Consequently, the purchaser expressly waives the provisions of articles 1252 to 1256 of the Civil Code.
In the event of financial difficulties or judgment of the T.C. against the customer, the seller may, by right, by simple notification and without being held to any compensation whatsoever, stop any supply in progress and terminate any contract if it considers that it has not obtained sufficient financial guarantees.
13. Retention of title clause :
The seller retains ownership of all goods delivered until full payment of their price.
The buyer, as the custodian of the goods, is responsible for any damage or loss occurring after delivery, and must take all necessary steps to enable the identification of the goods sold at any time. Failing this, any goods in stock will be subject to the reservation of ownership.
The seller may claim in the hands of the sub-purchasers the price or part of the price of the goods sold by it with the ownership clause, which have not been paid, settled in value or cleared in a current account between the buyer and its sub-purchasers.
For the exercise of this right, the buyer undertakes to provide without delay and on first request all useful information or documents concerning the sub-purchasers (identity, quantity sold, state of sale, method and time of payment, etc...).
14. Jurisdiction clause :
In the event of litigation, the courts of Nimes will be only qualified, even in the event of call in guarantee or of plurality of defendants, our drafts and acceptances do not bring any exemption to this attributive clause of jurisdiction.
Unless otherwise specified in writing by STS Ingénerie.