General terms and conditions
PREAMBULE
Pre-contractual information is organized by article L. 442-6 I of 9 ° of the Commercial Code which requires any producer, trader, manufacturer or person registered in the trades register to communicate its general conditions of sale to any purchaser of products or services of the applicant making the request to carry out a professional activity. AREA communicate to anyone who requests it its general conditions of sale, it also publishes the free access on its website www.area.fr.
1. GENERAL PROVISIONS
These conditions apply to the direct sale of the Products offered by AREA (hereinafter designated products) from any buyer, public or private (hereinafter referred to as the Buyer). Trade relations between AREA and the Buyer therefore imply unconditional acceptance of the Buyer to these terms and conditions.
Any clause contrary to the terms of purchase or printed on the Buyer's purchase order is rejected. This Agreement is concluded for all future sales, without time condition and could be challenged only with the written consent of the seller.
2. SALES
Our sales are made for goods made and approved from our factories or deposits at the rate of VAT applicable at the time of billing. The fact to organize the departure to the customer's account will not result in AREA taking responsibility.
Any order is valid only when accepted and confirmed in writing by AREA through an order receipt acknowledgment.
Per order it is understood to be an order issued by the Purchaser in any form whatsoever, ie from a softwareheader on paper or by email, is a good agreement for our commercial proposal; any internal procedure to the Purchaser control commands issued would be enforceable against us.
3. PRICES
Product prices listed in the catalog available on request. The prices of items or piece always exclusive of departure tax. The prices reported in our commercial proposals have a duration of two months.
Rebates may be granted on the commercial proposal are based on the importance of the case. Any change in the amount or type of furniture can result in the revision of these discounts.
4. ORDER CANCELLATION
The order expresses the consent of the Buyer irrevocably; so it can not cancel or modify it, unless a prior express agreement of AREA.
In the case of a cancellation request, AREA may request the Purchaser compensation for all expenses.
5. TIME
Delivery will be considered completed when the product leaves our warehouse. The delivery time shown on our order acknowledgment is an indicative time frame, it is not a contractual commitment. No penalty for late delivery may be applied we do unless it was expressly provided before the order and formally accepted on our order acknowledgment. The delivery period shall run from the date of acceptance of the order. Any change in the order for any reason whatsoever after the publication of our order acknowledgment cancels the original deadline and pushes the duration of which depends on the requested change type. The new deadlines run after formal acceptance of the amendment.
If the product is stored or held by AREA, or at the request of the Purchaser beyond the date set by AREA for shipment or because of a reception default attributable to the Buyer, the risks and storage costs would be borne by the Buyer from the date the product should have been normally sent and / or received, and the date when it will actually be sent and / or received.
6. MAJOR FORCE
The strikes of any kind, interruption of transport, shortage of transport equipment, congestion, supply failures of our suppliers, the need for immediate maintenance of equipment and molds, fires, accidents , war and other causes of total and partial or interference unemployment, but are not limited to, are considered as cases of force majeure authorizing the suspension or delays in executions and shipments of orders or markets and in all Another commitment AREA and exempt it from liability. No deduction or penalty will be allowed in this case.
7. BILLING
The issue of the invoice occurs at the earliest from the goods of our workshops. The order number and site name are mentioned on the invoice. A copy of the order is attached.
8. TRANSFER OF PROPERTY - RETENTION OF TITLE
It is expressly stipulated, as an essential condition in these terms and conditions of sale, otherwise they would not have concluded that the transfer of ownership of the goods delivered is suspended payment of the price and accessories by Buyer. The submission of bills of payment that is not their final cashing.
IDENTIFICATION
Identification of the Product under this clause follows from all AREA document including written agreements, delivery notes, invoices, statements, letters, containing description of products and reference to this clause.
IMPLEMENTATION
Once AREA will appear, including by registered letter with acknowledgment of receipt or physical back the goods, willingness to invoke this clause, the Purchaser is obliged to immediately return and expense the goods delivered, the expression of will is the only formality required to compel the Buyer to return the premises of AREA, and the non-immediate withdrawal of commercial paper from the banking system and / or non-immediate return of assets or credit advice remaining without influence on the effect of definitively acquired this title retention clause. The involvement of this title retention clause does not harm the AREA right to force the Buyer to the execution or request the cancellation of the sale and damages, including in the event of delay payment or delivery of commercial paper.
RESALE
The Buyer is authorized to resell the goods as part of its normal trade and:
- It has stipulated with its own buyers a title retention clause which provisions are at least as stringent as current and AREA sold to the benefit of the title retention clause which weighs on so-called buyers.
- Choice of AREA or it gives it claims it has on so-called buyers or delegation did not discharge, to the effect that those buyers AREA become debtors for payment.
- It gives AREA any justification. The Buyer shall first request of the seller, at his own expense to perform all formalities necessary for the latter to oppose any third assignment in its favor the benefit of the title retention clause and receivables and / or the Delegation.
A failure of performance by the Buyer of the said formalities, AREA reserves the right to perform them at the expense of the Buyer is obliged to provide all information necessary for this purpose, the latter are being forced if necessary, by a simple injunction.
9. WARRANTY OF SELLER
The products are guaranteed against defective materials and manufacture and design defects for five (5) years from the delivery date indicated on the delivery note and invoice to the conditions and limits below: This duration is limited to six months and:
• Electronic components
• Products or cast iron components
• Products or wood components. It is recalled that the durability and good appearance of the wood need regular maintenance whose frequency depends on the site and climatic conditions (at least every six months). Maintenance which specifically commits the customer to justify when demand for implementation of the guarantee.
The warranty of our products is limited simply to a refund or replacement of goods found defective, excluding any indemnity on annexes facts as removal and installation of materials or any damages.
The size, color and weight of some materials are subject to variations inherent in their nature or in their manufacture and include the customary tolerances; AREA not liable for the consequences of defects or accidents occurring during delivery or installation work performed by a third company or by a subcontractor or by the Buyer himself. In this case only the liability of the shipper or editor can be engaged on this issue.
Records, plans, sketches or other information given by AREA clients are designed to inform them about the products and can not compete with their use of technical implementation. This paper describes exhaustively the contractual warranty provided by AREA to the exclusion of any other.
10. DELIVERY - TRANSPORT
Our goods are always sold ex-factory or depot. In cases where transportation is organized by us on behalf of the Buyer, receipt of goods will take place at the place of unloading, any reservations must be made at this stage will be the subject of a mention on the delivery of the carrier and shall be confirmed by registered letter with acknowledgment of receipt within a maximum of 48 hours after receipt of the goods certified by signature of the slip receipt of transport. For this, it is recommended to check the condition of the package and any visible damage. Only these checks will result when unloading the carrier's liability. Otherwise, any absence of protest or reserve at this stage will result in the acceptance of the goods and may give rise to any subsequent dispute, delivery is considered perfectly recognized by the customer.
In any case our goods travel at the risks and perils to which it belongs in case of damage, loss or delay of any recourse against the carrier. This provision applies even if payment of the transport costs is always performed for and on behalf of the Purchaser (shipping prepaid). In the case of deliveries on site the buyer is obliged to take all steps to ensure that our vehicles can achieve safe and safe place of unloading and empty to leave the pus in the short time, it must provide routes of vehicular access to the site of delivery. Buyer is responsible for damage suffered by our trucks on its sites. Transport of parcels visited site, not unloaded, by 3T truck without unloading means.
11. PAYMENT
All our goods are payable in Euros inclusive of all taxes at the headquarters of our company. Any partial delivery requested or accepted by the Buyer will be charged upon delivery.
AREA, however, reserves the right to require cash payment before delivery of the goods if the financial situation seems to require the Purchaser (especially in case of delay in payment of previous bills, in case of refusal coverage our credit insurance or if bankruptcy proceedings in progress), and this even in case our price offer envisaged the granting of a payment extension.
It is understood between the parties that the non-payment of one invoice on its due date, causes of right to accelerate the maturity of all subsequent bills that become payable immediately and in full, without prejudice to the right to suspend or AREA cancel outright all new deliveries in the event of default.
Any late payment will result from the day following the settlement date on the invoice and automatically on the pro rata payment of default interest calculated by applying to the outstanding amount of the interest rate applied by the European Central Bank to its operation The most recent refinancing increased by a factor of 1.5 times the legal rate (ECB interest rate x 1.5). These penalties are payable without any reminder is needed.
Moreover, the flat rate for recovery costs in the event of late payment is set at € 40 per invoice. Any delay in payment of more than thirty days will result in sending a formal notice and the application, as damages of penalty clause, equal to 20% of the outstanding amount. No discount will be granted for early payment. No compensation between the amounts due by AREA to the Buyer and the amount of an invoice issued by AREA may be made without prior agreement of AREA. Payments will be made preferably by bank transfer to our bank account as mentioned on the invoice or by accepted.
12. INTELLECTUAL PROPERTY RIGHTS
AREA products are covered by industrial patents, registered designs and trademarks. Any reproduction identical or equivalent will be automatically considered plagiarism or infringement and any purchaser or holder of a prototype or product identical to those present on this web site will be prosecuted according to the laws and regulations in force, particularly in respect of handling stolen goods and forgery.
- The main legal risk resulting from the infringement.
- Counterfeiting covers any infringement of the rights of intellectual property, and without the authorization of the right holder.
- Counterfeiting takes many forms: copies, imitations, Fidelity, similarities, unauthorized use, ...
- Counterfeiting is assimilated to a robbery is in this context that Parliament has made a criminal offense. It may be penalized before a civil or criminal court. Counterfeiting of designs, under Article L 521-1 and following of the Intellectual Property Code is punishable by three years imprisonment and a 300,000 euros fine.
May be counterfeit, the counterfeit manufacturer, also the one who carried out the acts of infringement even if not personally involved in the manufacture of counterfeiting, such as the importer. Then to some extent, the user or owner.
Therefore, regarding public procurement of urban furniture, may be considered as infringing a company that has infringed the furniture that the administration control.
13. CONTRACTUAL RESPONSIBILITIES
AREA In no case can not be held liable for financial loss, commercial or of another nature caused directly or indirectly by the use or operation of the Product.
14. MISCELLANEOUS
The fees for the documentation provided to the Buyer are the exclusive property of AREA. Any duplication or disclosure to third parties of all or part of this material is prohibited without written consent AREA. The warranty and any other services provided by AREA at the Purchaser will not be executed if the site is deemed unsafe by AREA for its employees.
15. CLAUSE OF JURISDICTION
These terms and conditions are governed by French laws. For any litigation and disputes of some natures whatsoever, the Commercial Court of Toulouse (France - 31) will be only qualified; even in case of multiple defendants, introduction of third parties or referral procedure.