Terms of sale
These general conditions of sale (hereinafter the "GTC"), which can also be consulted on the website "www.cauchard.com", apply without restriction or reservation to any purchase made from the company CAUCHARD SAS, carried out by any professional (hereinafter "the Buyer") not having the quality of consumer within the meaning of the preliminary articles of the Consumer Code.
The Company may modify these T&Cs without notice at any time by posting the latest updated version on its aforementioned website. In this case, the applicable GCS will be those in force on the date of the order by the Buyer. The Purchaser may request any previous version of the GCS by post to the address of the Company's registered office or by email to the following address: "firstname.lastname@example.org".
Any sale made by the Company is exclusively governed by these general conditions which replace and prevail over any other condition appearing in the order, any other document and conditions of purchase of the Buyer. The Buyer acknowledges having read and accepted them before placing an order.
These T&Cs apply in a suppletive manner to any public contract for any purchase made by a public body and the order of which falls under public procurement regulations.
Any order only binds the Company after sending the Buyer its order confirmation validating all the conditions (product, quantity, delivery time, final price, payment conditions, etc.). The order confirmation is made by any written means. Unless otherwise agreed, no order cancellation can occur after order confirmation by the Company.
For any order of a limited quantity that does not allow the loading of an entire pallet, the Company reserves the right not to validate the conditions of the order and to propose specific prices and delivery conditions.
Any cancellation, postponement or modification of an order must be subject to an agreement between the Company and the Buyer.
In the event of technical impossibility to honor the Buyer's order, the Company reserves the right to offer another product of similar or superior quality or technical characteristics to that of the product ordered by the Buyer. In this case, the Company will endeavor to notify the Buyer and send him a new offer taking into account these modifications.
3 - Products
The main characteristics of each of the products, the references of which are specified in the order, are defined in the technical and commercial documentation of which the Purchaser declares to have read. These technical characteristics form an integral part of the order.
The applicable price excluding VAT is the Company's GT catalog price on the day the order is placed, less any discounts granted to the Buyer. Consequently, the prices will be increased by the VAT rate and the transport costs applicable on the day of the order.
5.1 The terms of payment are, unless expressly agreed between the parties, 30 (thirty) days, without discount. The due date of the invoice runs from the date of the invoice.
5.2 The payment, which corresponds to the actual receipt of the sum within the aforementioned period, cannot be, under any circumstances, deferred or modified, in particular in the event that the Buyer reports a claim against of the Company.
5.3 Any late payment will give rise, automatically and without prior notice, to the payment of (i) a late payment penalty, the interest rate of which will correspond to the interest rate applied by the European Central Bank to its most recent refinancing plus 10 percentage points - this interest will run from the day after the due date until full payment - and (ii) will also give rise, automatically and without prior notification, to the payment of a statutory lump sum indemnity for recovery costs, in the amount of 40 euros. If the recovery costs incurred are greater than the amount of this fixed compensation, the Company reserves the right to claim additional compensation.
By express agreement, in the event of installment payment granted by the Company, failure to pay a single installment on its date will automatically entail:
- The immediate payment of all sums remaining due to the Company, regardless of the mode and term of payment initially planned;
- The Buyer's obligation to pay cash on delivery for any new order;
- The suspension of the execution of the Company's commitments in any contract that would bind the latter to the Buyer until complete regularization of the unpaid situation.
5.4 No discount will be granted in case of early payment.
5.5 The Company reserves the right to use all legal means at its disposal to analyze the Buyer's financial situation. In the event of an unfavorable opinion, it reserves the right to demand full net payment without discount on the order and may only order delivery subject to satisfactory completion.
6 - Delivery, transport, transfer of risk
The products are delivered to any place on the French metropolitan territory designated by the Buyer by truck or any equivalent means of transport. Consequently, the products are deemed to be made available to the Buyer on the date of loading. If such delivery is delayed for any reason beyond the control of the Company, it will be deemed to have been made on the date agreed for loading. The delivery address must be exact and mention any necessary details. It is the responsibility of the Buyer to ensure the conditions of accessibility of the place of delivery and to inform the Company or the carrier of any specificity related to the delivery.
The transport is organized by the Company and the shipping costs are borne by the Buyer. Shipping costs are included in any purchase order. At the Buyer's request, the products can be delivered “express”. Any increase in delivery costs will be borne by the Buyer.
6.3 Verification carried out by the Buyer
Upon receipt of the products, it is the Buyer's responsibility to fulfill the following main obligations:
a) To be presented by the carrier with the delivery documents;
b) Check the number of pallets and packages and the condition of the products (external verification and verification of the contents of the packages). If applicable, the Buyer must state on the carrier's delivery note that the latter did not attend the unpacking of the pallets and packages;
c)) Accept delivery as soon as the products comply with the order, even in the event of damage, by legibly signing the delivery note or transport receipt and adding the stamp of its establishment and the name of the person who accepted the delivery on behalf of the Buyer;
d) In the event of damage, make precise reservations on the original receipt from the carrier. Reservations which are not significant, clear and complete and which do not designate damaged products are not admissible. It is necessary to date and sign the reservations;
e) Within three working days, confirm these reservations by registered letter sent to the carrier. Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about apparent defects or non-conformity of the products delivered must be made by e-mail, fax, telephone or post to the Company, within eight ( 8) days of delivery of said products.
Any return must first be the subject of a formal agreement from the Company. In the absence of a reservation notified to the carrier and/or the Company under the aforementioned conditions, the products will be deemed to have been accepted by the Buyer and no complaint relating to their condition can be accepted a posteriori.
Any complaint that would be addressed to us and which would not respect this procedure would prevent the replacement or the establishment of the credit note corresponding to the damaged or missing products.
7 - Deadlines
Delivery times are only given as an indication and subject to the fulfillment by the Purchaser of his contractual commitments. A delay in delivery for any reason whatsoever cannot give rise to damages, nor authorize the cancellation of the order, except with the Company's agreement.
8 - Warranty, liability
No guarantee other than those strictly provided for by law is granted by the Company on all of its products. The warranty and liability do not apply to modifications and repairs carried out without the prior written consent of the Company. The Buyer is solely responsible for the storage conditions of the product.
9 - Retention of title
The Company reserves ownership of the products delivered until full payment of the agreed price. Products delivered and not paid for may be claimed even in the event of legal settlement or liquidation of property under the conditions of Articles L. 624-16 and L.624-18 of the Commercial Code. The postponement of the transfer of ownership has no impact on the transfer of risks.
By full payment, it is understood the effective collection of the price of the products in principal and accessories.
10 - Force majeure
Any event beyond the control of the Company due to a case of force majeure, within the meaning of the new article 1218 of the Civil Code (such as, without this list being exhaustive, strikes, floods, fires, disturbances or interruptions transport, difficulties in the supply of raw materials or energy), suspends the performance of its obligations in question for the duration of the force majeure event.
Without prejudice to any compensation that could be obtained or claimed, in the event of non-compliance by the Buyer with any of its obligations, in particular, in the event of default of payment provided for in Article 5.1, as well as in in the event of actions by the Purchaser in such a way as to damage the reputation and/or the brand image of the Company, the latter shall be entitled to terminate all or part of the order. This termination will take effect eight (8) days after formal notice, by registered letter with acknowledgment of receipt, which has remained unsuccessful.
12 - Entire Terms
Changes in legislation, regulations or a court decision rendering one or more clauses of these T&Cs null and void shall not affect the validity of the other stipulations of these T&Cs.
13 - Disputes
French law is the only applicable with the exclusion of the Vienna Convention on the international sale of goods of April 11, 1980. Any dispute over the validity, interpretation, execution, resolution or termination of the order and/or these presents, which could not initially be resolved amicably within 60 days of the sending a registered letter with acknowledgment of receipt notifying the complaint, will be submitted to the competent commercial court of the place of the registered office of the Company.