General Terms and Conditions of Sale

General Terms and Conditions of Sale

1 – GENERAL INFORMATION

The information given in the catalogues, notices and prices is given for information purposes only and does not bind the seller. It may be modified at any time and without notice due to technical developments or economic conditions.

Our offers are only valid during the proposed option period.

Unless otherwise agreed, this period is one month. It is only after express acceptance by the seller of the buyer’s order that both parties are bound by the sales contract.

Unless expressly agreed and in a special written agreement between our customer and ourselves, the general terms and conditions below cancel and replace all clauses, however they appear on any document of our contractors or any third parties.

2 – ORDERS

Orders only become final after order confirmation or acknowledgement of receipt by the seller.

3 – MANUFACTURE – SERVICES

The prices indicated in our offers for a specific quantity cannot be applied to a smaller quantity. If the order is for less, the price will be adjusted.

For cables (extension, compensation, measurement, etc.), unless otherwise stipulated in writing by the customer and in accordance with industry practices, we reserve the right to deliver plus or minus 10% of the agreed quantity.

For on-site work, the price includes travel costs for the maximum planned duration. Any overrun caused by the customer (non-availability of equipment, refusal to stop production, etc.) will be invoiced at the current rate.

The services in our temperature metrological laboratory are dependent on the characteristics of the equipment to be calibrated.

The results of the services carried out by our laboratory are printed on documents drawn up in French, in the name of the customer in two copies. One is kept in the SFINT archives, the other is sent to the customer unless it is replaced by an electronic copy, at the customer’s request in writing.

If an electronic copy is sent, SFINT will keep the original document consisting of an authenticated version of the document sent, this being the prevailing version in the event of a dispute. The electronic copy is sent by SFINT messaging in protected PDF format to an email address that has been provided by the customer in a written request.

These provisions ensure the authenticity, integrity and confidentiality of the sent document. The message is sent over the internet at the customer’s risk.

4 – PRICES

The goods are invoiced on the basis of the prices in force on the day of delivery.

The prices used as a basis for our invoicing are unit prices, which are net and exclude taxes.

Any unforeseen price increase at the time of conclusion of the contract and resulting from the increase in one of the components of our cost price or from monetary fluctuations, may mean a revision of the agreed price, this applies in particular to precious metals.

5 – DELIVERY DEADLINE

Our delivery times are established in good faith and are calculated using the later of the following dates:

– receipt by the seller of the official order, receipt by the seller of all the information necessary to execute the order,

– possible receipt of the equipment necessary for the provision of the product or service.

Delivery deadlines may be affected by cases of force majeure, such as strikes, fires, floods, abnormal rejection of parts during manufacturing.

Under no circumstances can a delay give rise to order cancellation, penalties or damages.

6 – RETURN – CANCELLATION

SFINT will not accept any returns of goods without prior written authorisation at its discretion. Unauthorised returns cannot in any way delay payment of invoices on the agreed due date.

The cancellation and suspension of an order can only be valid with the seller’s consent and written agreement stipulating the terms compensating the seller for all costs already incurred.

7 – RETENTION OF TITLE CLAUSE

The equipment and supplies sold remain the entire property of SFINT until their full and final payment.

In the event that the equipment and supplies purchased by the customer are resold, and as long as they have not been paid, the buyer undertakes to inform its customer of the terms of this clause as well as the right that SFINT has to claim from the sub-purchaser either the goods delivered or any seizures made.

8 – PAYMENTS

Payment on collection by cheque or cash or upon delivery for all customers who do not have an account opened in our books or for any first order as well as any service business. For customers with an account, payments must be made within thirty days from the invoice date.

 

A discount will be given for cash payments made no later than 8 days from the date of the invoice. The discount is calculated on the basis of 1% per month in advance on the net price and cannot exceed 2%.

Any late payment beyond the contractual due date will automatically entail, without formal notice, the application of a penalty or late payment interest equal to 2% per month of delay on

the net amount. The fixed fee for recovery costs payable to the creditor in the event of late payment amounts to 40 euros.

The seller reserves the right, in special cases, to either request deposits or to only accept orders against reimbursement or cash payment upon collection. In the case of on-site services, a deposit of 30% of the invoice amount is required.

In the event of partial delivery, an invoice will be issued and payment must be made under the aforementioned conditions.

For exported goods, the seller reserves the right to require payment by irrevocable letter of credit, confirmed by a first choice bank in France.

Non-payment of an invoice on its due date will make payment of all other invoices due, even if they have given rise to bills of exchange already in circulation.

9 – DEFECT AFFECTING THE PRODUCTS

All products we deliver are checked before they are shipped.

Since our products are manufactured for a set or for transformation, our company cannot be held responsible for the defective functioning of the product and its consequences, unless this is the result of an intrinsic defect affecting our products.

Consequently, customers will have to make sure that the product is compatible with the other components of other manufactured or transformed products.

Any technical advice requested by the customer, particularly with regard to the choice of materials, constitutes only simple advice for which our company cannot be held liable.

The seller’s liability being strictly limited to the replacement of defective parts, it accepts no responsibility or claim for damage and losses caused directly or indirectly.

10 – WARRANTY

With regard to temperature sensors, we feel that this clause does not really apply in this business due to the conditions of use that are difficult to control both during the project and during operation.

For any other product, our warranty will consist of either the repair or replacement of the defective product, at our discretion.

If repair or replacement of the product proves completely impossible, the customer may request an appropriate reduction in price.

No warranty will be provided to customers who have modified or repaired the product themselves or through a third party, unless it involved necessary or urgent work.

Our warranty is limited to the remedies described above to the exclusion of all others. It will no longer apply in the event of abnormal use of the product or an accident due to lack of care.

11 – TRANSFER OF RISK

As soon as the goods are collected by the carrier and more generally as soon as the goods have left our premises, the customer alone bears the related risks notwithstanding any possible agreement on the payment of transport costs.

We recommend not accepting any packages unconditionally from a carrier, without checking their content first.

In the event of a dispute, it is essential to mention the damage on the transport receipt and to confirm these reservations within 48 hours by registered letter addressed to the carrier.

12 – SPECIAL CONDITIONS

Special conditions of sale have been established for calibration services in our laboratory or on site with our customers.

These conditions, attached to our offers, will prevail over clauses which differ from the general terms and conditions of sale.

13 – DISPUTES

Any dispute that may arise during commercial relations between the customer and our company will be submitted to the competent courts of the head office of our company: the Commercial Court of CRETEIL.

For export sales, only French law will be applicable.

Please get in touch with your contact if you would like further information about the complaint procedure.