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GENERAL TERMS OF SALES - SOFINOR Prices 2018

1. SALES CONTRACTS : All the sales contracts negotiated between our customers and our company are concluded on the acceptance, without exception, of the following general terms of sales. Consequently, in case of conflict between our terms and the ones of the buyer, our terms will prevail. These general terms of sales are for all the sales contracts concerning our manufacturing, notably the brands Sofinor, Inotech, Arcania and Ouest Inox.

2. VALIDITY OF PRICES AND OFFERS : The price-list, as well as the prices indicated in our offers are always stated in Euros, tax non included, and free France metropolitaine, for orders of a minimal amount of 800 Euros net, except specific written mention. The offers of specific material are valuable for an order within 3 months, except specific written mention. For the foreign countries, the prices can be determined in foreign currency. In this case, the prices remain ex-works, exclusive of tax, freight and packing costs in addition to. Orders confirmations and invoices will also be established in the currency of our price-list and the settlement will be in the foreign currency. Our offers have always a validity of 3 months, except specific written mentions.

3. ORDERS RECORDING : All written, verbal or phone orders are definitively concluded at the moment we send our order confirmation. Modifications made after the order confirmation are valuable only if our company confirms them in written form.

4. DELIVERY DEADLINES : The deadlines stated in our offers are only indicative. Delays are due to circumstances outside of our control ; they can neither lead to damage nor cancellation of orders, except specific written mention on our order confirmation. The 48 h. service is not contractual and only for working days. For bulk purchases, the possibility of 48h service has to be validated by our commercial department according to the stock.

5. ORDER CANCELLATION : Any order cancellation of our customer’s effected after our order confirmation has been sent, will not be accepted if the order has already been put into operation, either for supplying or manufacturing. The order will be charged proportionally to involved expenses.

6. TRANSPORT : In any rate, the material is shipped at the consignee’s risk, whatever the terms of sales. Our position as sender for our customer does not involve our responsibility for damages caused by the carrier, chosen or not by our company. For any missing product or damage to the material, please make reserves to the carrier. Unless a written claim is sent within 3 days after delivery, our company shall not be able to give guarantee for damaged materials.

7. TRANSFER OF RESPONSIBILITY : The responsibility for the delivered materials goes to the buyer at the latest at the moment of consignment, even if our company supports any additional service such as transport.

8. DRAWINGS AND DIAGRAMS : All drawings and diagrams used by our company to manufacture specific materials remain confidential. Any counterfeiting shall involve the responsibility of the buyer.

9. SPARE PARTS : The prices of spare parts are quoted exclusive of tax in Euros, Ex Works, packaging not included.

10. WARRANTY : Our material is guaranteed against defect for a period of 2 years from the delivery date. Our guaranty is limited on defective parts, and does not include manpower. Glasses and glass doors and lightings are not guaranteed. This guaranty is limited on a normal use of the material, and does not include the damages due to misuse, faulty installation, or wrong maintenance. Our dealers are responsible for bringing our material into service. Our company cannot be considered as responsible for direct or indirect consequences of defects, and no indemnity shall be paid by our company.

11. DEPOSIT : Deposits are deductible from the amount of the order. Non-application does not authorise the customer to give up the contract.

12. PAYMENTS : NOur invoices shall be paid within 30 days accordingly to the agreement of our credit insurance, without discount, except specific written mention. The solvability of our buyer having worsened after ordering allows our company to demand either guarantee or payment before consignment. Any unpaid invoice allows our company to demand immediate payment of the amount of the invoice, with a an interest of at least 3 time the legal interest rate per month of delay, as well as the payment of all current invoices. We do not offer discounts for advance payments. For any unpaid invoice, our company reserves itself the right to :
- demand immediate payment of all the current orders,
- demand immediate restitution of all delivered material,
- break off deliveries, cancel current orders, and bring into play any legal means to recover the claim the fastest way.
Except with our written agreement, unpaid invoice shall allow our company to resort to litigation, to demand the payment of all invoices, and to demand an indemnity of 15 % of the amount paid, together with a fixed charge for recovery costs of 40 Euro, without prejudice to repayment of any other costs that may have had to be incurred to recover the unpaid debt-claim. This clause is valuable in case of liquidation. In the case of unpaid invoice, we can decline the next orders except if the customers pays cash.

13.PROPERTY : LAfter delivery, the material remains our property until the complete payment of the invoiced price has been effected. During this period, the customer takes it upon himself to prevent or repair damages. In case the customer does not respect the terms of payment, the company can demand the shipping back of the material at the customer’s charge. Instalment can be retained for covering the possible losses.

14. JURISDICTION : Any dispute shall be subjected to French law and is to be held before the jurisdiction of the Tribunal of Lille, whatever mentioned on the commercial documents of our customers. This clause is also valuable for payment by draft.

15. ILLUSTRATIONS AND MODELS : Illustrations are for guidance only. We can change our models without notice. This is also holds true for all documents, catalogues, leaflets which can be changed without notice.

16. RESPONSABILITY OF THE FINAL CUSTOMER : As all equipment manufactured by SOFINOR SAS are following the statutory order nr 2014 -928 of 23rd august 2014 The company SOFINOR SAS assure through a recycling organisation managed by ECOLOGIC company. The organisation and the financement of the removal and the sorting of the recycling of the professional electric and electronic components delivered on the market from 13th august 2005 or during the replacement of similar equipment or having the same function. The Buyer commit himself in transfering this process to any future buyer of the electric and Electronic equipment , as well as the documents of the following for the management of the end of use that SOFINOR or ECOLOGIC have supplied and to comunicate all necessary information to ECOLOGIC. At the end of the use of the electric or electronic equipment, the buyer and / or the final customer commit himself to give the request of the return to ECOLOGIC through its website : www.e-dechet.com or at +33 01 30 57 79 14. Precising the necessary informations of the localization of the electric or electronic equipment, these components will be Driven to a recycling place or removal place from the final user’s address and at his cost below 500 kg.