Our general conditions of sale are valid only, even in case of contrary indications mentioned in the general conditions of purchase of our customers.
The mere fact of placing an order implies the express and unreserved acceptance of each of them. Any special agreement derogating therefrom is only effective against us if it contains a written confirmation from us.
The mere fact of accepting the merchandise implies the unconditional acceptance of our general conditions of sale and nullifies any particular clause of the customer. The contracts negotiated by our representatives become final only after confirmation and express acceptance of our services at Headquarters.
Delivery times are indicative ; unless expressly stipulated, we do not recognize any damages or damages that may result. The possible exceeding of the delivery time does not therefore give the customer the right to cancel the contract or cancel the order.
Our goods always travel at the risk of the recipient, even if the shipment is made postage paid. In case of delay, damage or missing on arrival, it is the responsibility of the recipient to have them ascertained by the carrier before giving discharge and to pursue it in case of dispute.
Commissioning of the machines sold is included in our offer, provided that the buyer covers all travel expenses including the costs (hotels, restaurants and airline tickets) of the installers. Installation, supply of electricity and adaptation of premises for the machines are the responsibility of the buyer. The signature of the delivery note will be considered as recognition by the latter of the good working condition of the machines.
Unless otherwise agreed, the prices are net, leaving our factories, but not insured. We reserve the right to change prices in the event of an increase in the manufacturing costs arising between the submission of the offer and the delivery (rise in the price of materials, taxes, salaries, fluctuations in the exchange rate, etc. ...). The costs of unloading and setting up on the site, the expenses related to the foundations, all consumables, full of oil, brought and connections to the electrical and pneumatic networks are the responsibility of the customer.
6. PAYMENT TERMS
Our prices are set for payments without discount.
The settlement of the agreed price will be made according to the following modalities:
- 50% on order
- 50% before delivery
If the recovery of the claim involves the intervention of our litigation department, it is increased by a lump sum of 10% on all sums due to cover the cost of litigation management. Any delay in payment entails ipso jure and without formal notice the payment of penalties equal to 3 times the legal interest rate.
In accordance with the decree n ° 2012-1115, for each invoice unpaid within the deadlines, a lump sum indemnity minimum of 40 € will be due.
In the event of late payment, we reserve the right to suspend or cancel pending orders without prejudice to any other remedy.
In the event of non-payment on the due date of one of our invoices, for whatever reason, makes legally due and without prior notice the claim of the SARL IDEAL MACHINES.
7. RESERVATION OF PROPERTY
All supplies delivered by us remain our full property until full payment of the price and any assembly costs.
We therefore reserve the right, from the first failure of our customers in their payment obligations, to terminate outright the sales contract previously concluded by the recovery of our equipment in compensation for our due, as defined by law in force.
Any sum collected will remain acquired as damages for damages and possible depreciation of the material that will be returned to us.
Nevertheless, from the date of shipment, the buyer will assume responsibility for any damage that the equipment may cause or suffer.
Our company reserves the right, at the expense and risk of the buyer: to draw up an inventory of goods unpaid by the buyer, and to take back the goods delivered which must always be identifiable.
Goods in stock are presumed to be unpaid.
The buyer may resell the goods as part of the normal operation of his business. However, he will lose this option in case of cessation of payment or in the absence of effective collection of the price at maturity.
The buyer must then communicate in these 2 cases, and on simple request: the names and addresses of its buyers; as well as the amount of the price remaining due by them. In the absence of effective collection of the price at maturity, our company may, if it sees fit, break the contract.
We provide a 12-month warranty (for work 8 hours a day) from the day of delivery of our machines. The warranty does not extend to normal wear and tear, or the consequences of improper assembly or commissioning, when it has not been performed by us. We also assume no liability for damage and accidents caused as a result of improper use or violent use, use of improper materials, chemical influence or force majeure. Our responsibility is strictly limited to the pure and simple replacement of the defective part returned to us by the customer at his expense in our stores within a period not exceeding that of the guarantee, without any other compensation or performance. be due.
Any technical changes to the terms of our offer, and not stipulated or accepted by us before the order, can not be taken into consideration.
The machines will be delivered according to the manufacturer's standard execution, subject to improvements and non substantial modifications.
Spare parts have a 6 months warranty.
The deadline for a return request must be within a maximum of 15 days from receipt of goods. When we accept returns of goods, we will only be able to establish a credit note, less 20% for management fees, if the returned parts arrive in good condition without having been used and after verification and acceptance by us. Any return carriage due will be refused by our services.
By express agreement and even if there is an effect, an appeal against the warranty or a plurality of defendants, the addressee hereby assigns for any litigation jurisdiction to the courts in whose jurisdiction the seat of our Company is situated. The acceptance of the treaties does not bring novation or derogations to this jurisdiction clause. Any contrary stipulation correspondence, its market or its invoice, is unenforceable without our express and written acceptance on our part.