These general conditions of sale are deemed to be known by the buyer
Any order implies on the part of the latter the acceptance of said conditions. Therefore, no contrary clause can be opposed to the seller, unless the seller has formally accepted it in writing. The buyer waives, in particular, to avail himself of his General Conditions of Purchase.
RETENTION OF OWNERSHIP
The goods which are the subject of this contract are sold under retention of title: the transfer of ownership is subject to full payment of the price by the buyer, by the agreed deadline. In the event of default on payment by the due date, the seller will regain possession of the merchandise of which he has remained the owner and may, at his option, terminate the contract by simple ordered letter addressed to the buyer. The risks, in particular of loss or deterioration of the product, as well as the damage that could cause the product sold, will be borne by the buyer upon delivery of the goods.
Your order must recall the reference of our price offer. Prices are exclusive of tax, from our stores, postage, packaging and insurance not included. They are established according to the general economic conditions of the market on the day of the offer, and may be modified according to the evolution of these conditions, such as the change in the cost of raw materials etc. the buyer will be informed in advance by our services.
Delivery times are only indicative. Temporary or definitive failure to execute an order, for causes beyond our control, and in particular the impossibility of operating the company under normal conditions, delays in deliveries from Milton Ross Composants' own suppliers (MRC ), the impossibility of delivering or having delivered, can not give rise to cancellation or rejection of orders in progress u price revision.
All orders are valid upon receipt by the purchaser of our acknowledgment of receipt. Any order modification is subject to our written agreement.
Until the opening of an account by the buyer and for any new business we ask for payment before shipment. In accordance with the provisions of article L441-6 paragraphs 3 and 4 of the Commercial Code as amended by the Law on the Modernization of the Economy dated August 4, 2008, the deadline for settling sums due is set, unless otherwise specified. contrary agreed in writing between the parties, on the thirtieth day following the date of receipt of the goods. The period agreed between the parties to settle the sums due may not exceed forty-five days at the end of the month or sixty days from the date of issue of the invoice.
In the event of payment by commercial paper, these must be sent within 8 days of sending the statement. Any failure to pay by the set deadline will result in the removal of any special preferential conditions granted and the immediate payability of the sums due, even relating to other orders, and will give rise to penalties payable from the day following the date. payment entered on the invoice, in an amount equal to five times the legal interest rate, without a call being necessary. In the event of late payment, the seller may suspend any order in progress without notice.
Any invoice collected by our litigation service or by judicial process will be increased at a flat rate to 8% of the total order, without prejudice to the applicable default interest as provided for in the previous paragraph. The buyer will also bear, in addition, all costs incurred by the seller for the recovery of sums due.
SHIPPING OF THE GOODS
In the event of damage, delays or missing items, it will be up to the purchaser to record the protests and regular reservations with the carriers on the receipt document which he must sign, have the carrier or his agent driver countersigned, date and confirm by registered letter within 3 days, excluding public holidays, in accordance with the provisions of article L 133-3 of the Commercial Code. A duplicate must be sent to our services. Deadlines cannot give rise to damages or cancellation of the order. The quantity of products shipped, as recorded by MRC when loading the order, is valid until proven otherwise by the buyer.
RECEIPT OF THE GOODS
Equipment that has been the subject of an order cannot be canceled or returned without written acceptance of our services.
Complaints about apparent defects or non-conformity of the product delivered to the product ordered must be made in writing within 5 working days of receipt.
It will be up to the buyer to provide any justification for these defects or non-compliance. The buyer must give the seller every opportunity to find these defects or non-compliance. Return transport of goods and the associated risks are the responsibility of the buyer.
Any resulting return, following a defect or non-conformity duly noted by the seller, will result in either the establishment of a credit note for the benefit of the buyer, or the replacement of the product, but may not give rise to damages and interest.
TECHNICAL CHARACTERISTICS OF THE PRODUCTS
They are confirmed at the buyer's request and comply with those communicated to the market by our suppliers in their official documentation.
Any order that designates a reference from one of our suppliers implies acceptance of the characteristics of the product by the purchaser and MRC cannot be held responsible, regardless of the wording of the order.
Our suppliers reserve the right to make any changes in their product line, including the right to discontinue the marketing of a product or a family of products.
The seller guarantees his customers against any hidden defects in the products sold in accordance with Article 1641 of the Civil Code. The seller guarantees that the products sold comply with the technical specifications provided with the product by the manufacturer. The seller guarantees that the products are manufactured according to the rules of the art for normal uses. It is the buyer's responsibility to verify that their use is in accordance with that for which they are intended.
Any liability of the seller is excluded in the event that the buyer has not communicated precisely, at the seller's request when accepting the order, the final destination of the product.
The buyer should immediately check the quality and quantity of the products received. Any complaint must be formulated in accordance with the standards in force, in the absence of a standard providing otherwise, by registered letter with acknowledgment of receipt at the latest within one month after receipt of the products and any action must, to be admissible, be brought within the customary period of two months following that of the declaration.
The MRC company cannot be held liable, without further compensation, in any event other than the pure and simple replacement, at the lowest transport rate, of products recognized as defective, the products thus replaced remaining its property. Defects resulting from storage, assembly or use of products by the purchaser under normal conditions or not in accordance with the rules of the art are excluded from all guarantees and do not give rise to any liability. The MRC company does not accept any return of goods without having previously authorized it.
In the event of a dispute, French law is the only one applicable and the Commercial Court of Blois has sole jurisdiction, whatever the terms of sale and the agreed payment method, even in the event of a guarantee call or multiple claimants and defenders.