By placing an order the buyer accepts without reservation these General Conditions of Sale (GCS). Should the slightest disagreement arise in our relations, we shall endeavour to find a fair solution as would be found between parties acting in good faith. 1- The order is only effective when it has been confirmed in writing by PRODATEC. 2- A minimum order amount (€) is applicable: a. Finished product = 250 € per order (excluding postage) b. Material SAV = 100 € HT per order (excluding postage) 3- Any order modification or cancellation requested by the buyer may only be taken into consideration if it is received in writing before shipment of the products. 4- Written material such as prospectuses, catalogues and leaflets issued by PRODATEC are only for information. PRODATEC reserves the right to make, at any time and without prior notice, any modifica- tion to the products judged useful insofar as the quality and essential characteristics are not affected. 5- Any delivery delays shall not lead to damages, deduction or cancellation of orders in progress. The parties shall not be held liable in the case of occurrence of an event of force majeure, including strikes, or any incident or failures affecting transport making it impossible to be supplied. 6- The merchandise is invoiced according to the sales contract and/or the price agreed between the par- ties. An invoice for each delivery is drawn up. It contains the indications specified in article L 441.3 of the Code of Commerce. 7- The merchandise is deliverable according to the terms agreed between the buyer and PRODATEC. In mainland France, it travels at the risks of the recipient and it is the latter’s responsibility to draw up any report or to take any action which is necessary against the transporter should there be any damage or any article missing. The products are only insured at the express instruction of the buyer that shall bear the costs. 8- The recipient must immediately check that the delivery complies with the order. Any complaint must be made in writing within five working days of reception of the products. It is for the buyer to provide any evidence as to the reality of noted defects or anomalies. 9 - Sales abroad are governed by Incoterm 2010. The Incoterm specified on the acknowledgement of order reception shall be the reference as regards the transfer of risk.
It is agreed that the ownership of the delivered products shall only be transferred when the price in principal and incidental costs has been effectively paid in full and after the perfect fulfilment by the buyer of all its obligations in respect to PRODATEC. However, the buyer assumes liability for any damage that these goods could undergo or cause.
The invoices are payable on the date and in the conditions indicated on the invoice. If a payment is not made by the due date, the sale shall be automatically cancelled, without need for formal notice, and the collection procedure followed: - all sums remaining due must be immediately paid - penalties for late payment, of an amount equal to one and a half times the legal interest rate, must be paid, As well as a lump indemnity of 40 € for debt collection charges. - all costs of recourse to litigation must be paid. Under no circumstances may the payments be suspended nor shall there be any offsetting of these without the prior written agreement of PRODATEC. Any deterioration in the buyer’s credit shall justify the request for guarantees or cash payment.
Our guarantee is limited to the replacement or repair in our workshops of the appliance or parts acknowledged to be defective during a period of a 2 years, as of the delivery date, and in compliance with the guarantee certificate accompanying the product. The buyer must in all points comply with the instructions indicated in the installation and maintenance instructions accompanying the product. The guarantee is strictly limited to the foregoing, with no question of indemnity of any type. The following are excluded from the guarantee:
The interpretation and performance of these conditions are governed by French law. The parties shall seek, before taking any legal action, to come to an amicable agreement. Only the LYON commercial court is competent.