Terms and Conditions
1 – General Provision
Any order implies for the buyer the unconditional acceptance of these conditions of sale
2 – Sales and Prices
Any offers made by phone or by our agents do not constitute a commitment on our part. If they have not been confirmed in writing. Our offers are made without commitment of time and price. Our prices include goods delivery, or and goods installation at the effective tax rate at the time of invoicing. All changes, either of the rate or of the type of taxes, which are subject to our sales are recovered from the prices already given to our customers since their legal date of application. Same applies to orders in progress.
3 – Deadlines
As our deadlines are given as an indication, any delays cannot entitle the purchaser the right to benefit from any compensation, price reduction or order cancellation.
Despite all the above, in case of any reasons which are exclusively within our control, the installation of the equipment ordered was not completed in time (no later than 8 weeks from the date the order was placed by the client). The customer may, full of rights and without the need of a formal notice or other prior notice, terminate this contract. Without being required to pay any compensation or penalty.
4 – Reception of goods
Our customers must in any case carry out or have carried out the reception of the goods in default of which the reception will automatically considered as pronounced, with all legal consequences.
5 – Guarantee
Without prejudice to the following, the customer may claim against us any manufacturer’s warranty concerning the merchandise of which we are the beneficiary.
In the case of non-conformity of the merchandise, either in quality or in quantity, any complaint will be rejected if it is not made upon reception of the goods and immediately confirmed in writing.
In another case of a hidden and recognized defect, our guarantee is limited purely and simply to the replacement of the defective products. An exclusion of any compensation relating to the additional costs such as the removal and the re-installation of equipment or damages – interest for capital property or otherwise – is to be taken into account.
In any case, regarding products that are not coming from our manufacture, our responsibility cannot be engaged beyond the one of our own suppliers. The instructions, plans, sketches and other information given to our customer are made in order to inform users of the right technique to use our equipment; they cannot be deemed to contribute to their implementation, and do not engage our responsibility.
We commit ourselves to respond to any service request made by the purchaser under our warranty within a notification of 4 hours made by phone, fax or email, in the case of major problems, and at the least the next day in the case of a minor one.
6 – Retention of Ownership
Our goods remain our property until full payment of the price and its complement.
A lack of payment at only one of the agreed terms, the sale will be automatically ended by the only fact of the observation of a default of payment. This observation will result from a registered letter with acknowledgment of receipt to the buyer. The partial payments made will be used to cover the damages resulting from the non – performance of the contract.
7 – Transport
It is the responsibility of our customers to collect the merchandise from our factories or depots. However, on their express request, the transport of goods can be entrusted by us or carried out with our own vehicles. In the case that the buyer pays us the transportation fees and leaves us the choice of the carrier; possession as well as the risk of damage or loss of the equipment shall pass to the buyer upon receipt of the merchandise at the premises of the buyer.
8 – Payment
Payment for our supplies is always due at our headquarters location. Our drafts or acceptances of payment do not derogate from this clause. Except as otherwise agreed, the amount of our invoices is net, without discount. Payment is made within 30 days of the end of the month for delivery, by immediate negotiable draft.
Any additional payment period that we may grant, on an exceptional basis, will result in the invoicing of interest at the rate of the guaranteed bonds increased by 2.5 points.
Cash payment may be required:
- In the absence of approved references, during a first order
- During a deadline extension
- For any other cause
In the case that a draft is not returned within ten days of its issuance, the conditions of payment may be modified. The non-acceptation of a draft or the failure to pay an instrument on its due date makes all of our debt immediately due, without prior notice. It may lead to the suspension of deliveries as well as the termination of contracts and orders in progress and releases us from all commitments.
Late payment interest, calculated at the rate of guaranteed bonds plus 2.5 points, runs automatically from the due date of an unpaid bill, even in the absence of protest or formal notice by a bailiff’s writ or a registered letter. During the execution of a contract, before or during deliveries, we reserve the right to claim from the buyer a good and solvent surety for the price of the supplies made or to be made; and, in case of refusal, to cancel the contract.
Notwithstanding all of the above, full payment for the buyer’s initial order will be made upon acceptance of all duly installed merchandise or, upon agreement, payment will be split as the following: 40% upon signature of the contract, 30% on delivery, under the conditions stipulated in point VII ( Transport) above, the total balance at the end of the work.
9 – Jurisdictional Clauses
Any dispute, whatever the cause, will be the responsibility of the Commercial Court of the place of the registered office of Alotel; which has exclusive jurisdiction even in the case of guarantee call or multiple defendant and this despite any clauses to the contrary.