General Terms and Conditions of Sale
I. General Remarks
- Any order placed and/or reception of goods delivered implies acceptance of our general and specific sales terms and conditions, regardless of any contrary stipulation.
- Special conditions in our proposals shall prevail over conflicting clauses in the general terms.
- Our commitments are only valid subject to written confirmation.
- Delivery dates are indicative only. We exclude any liability for delays.
- Our quotations become binding only upon our acceptance of the performance and payment terms.
- Prices are ex-works, according to our packaging standards, and exclusive of taxes and additional charges.
- Any sudden increase in material costs may lead to price adjustments, even after confirmation.
- Prices per kg are based on a theoretical density. A ±10% tolerance applies to density and total tonnage for thicknesses < 2.5 mm.
- We are not liable for the use, choice, or application of our products. Technical data and advice are indicative and non-binding. Customers must verify suitability under real conditions.
- In case of customer-supplied grinded products, the customer bears full responsibility for their cleanliness and origin. Any contamination consequences will be charged to the customer.
II. Transport
- Goods travel at the consignee's risk, including for carriage paid shipments. Claims for damage, loss or delay must be made upon delivery and confirmed in writing within 3 days (Articles 103–108, French Commercial Code).
III. Complaints
- The customer is solely responsible for material choices, design, and industrial property rights regarding the ordered products.
- Without written reservations within 8 days after delivery, goods are deemed compliant. Improper storage is at the customer’s risk.
- No claims will be accepted after 12 months from delivery.
- In case of defect, our liability is limited to replacement only. No additional compensation applies.
- Slight variations (thickness, color, gloss) or surface defects due to extrusion do not justify complaints.
- Customers must verify compatibility of inks, adhesives, detergents, etc., with our materials upon each delivery.
- Disputed goods must be stored until resolution. Returns are not allowed without written approval.
IV. Cancellation
- Orders that have been acknowledged cannot be cancelled without reimbursement of incurred costs (special materials, coloring, production, etc.).
V. Settlement
- Payment is due within 30 days from invoice date, subject to prior financial approval. No early payment discount unless expressly agreed.
- Late payments will incur penalties of at least 1.5× the legal interest rate, automatically and without notice.
- In case of default, we may suspend deliveries, terminate the contract, or demand immediate payment of all amounts, due or not.
- We may require guarantees or full prepayment at any time. Refusal entitles us to cancel or suspend the order. Undelivered but custom-made goods remain payable.
- A fixed recovery charge of €40 applies to all late payments (Articles L441-3 and L441-6, French Commercial Code).
VI. Judicial Clause
- If recovery by legal means is required, the debt amount will be increased by 15%, with a minimum of €1,525, plus interest and legal costs.
VII. Termination
- We may terminate the sale by law via registered letter:
> in the event of full or partial failure to fulfill any obligation,
> in the event of the buyer’s receivership or liquidation.
VIII. Jurisdiction – Applicable Law
- The Commercial Court of Angers (France) shall have sole jurisdiction. Only French law applies, excluding all others, including the Vienna Convention.
IX. Ownership Reserve Clause (Law 85-98 of 25.01.1985)
- We retain ownership until full payment. The customer bears all risks from delivery until full payment and must insure accordingly. In case of non-payment, we may reclaim the goods without notice and pursue payment with interest and penalties.
This English version is for information only. In case of dispute, the French version prevails.