TERMS OF SALES

 

1)GENERAL PROVISIONS

Any delivery of orders implies acceptance by the purchaser without reservation of the present conditions of sale. None of the clauses placed on purchase orders or on correspondence sent to us by our purchasers can therefore be waived unless expressly stipulated otherwise in the text of our offers or our acceptances.

 

2)COMMITMENT

He offers made by our sales associates or telephone will only be binding on us unless confirmed in writing. The purchaser is deemed to be in agreement with the contents of our confirmation if, within eight days at least before the delivery, he has not informed us in writing of his observations.

 

3)PRICE - BILLING

Our prices are given without commitment of duration and our sales are always made during the day or the delivery. Any changes in the rates or the nature of the taxes to which our sales are subject are reflected on the prices already delivered by us to our customers as well as those of the current orders. We reserve the right to revise our prices, even during the performance of a contract if the conditions of labor, raw material or transport are changed. Unless otherwise agreed, expressed in writing, our prices are always for merchandise sold and approved departure from factory or departure from our warehouses.

 

The transport prices are given for information and are without guarantee.

 

Unless stated otherwise, our prices are for complete loads, in the case of truck or boat, or according to the ceiling of the tonnage slices.

 

4)DELIVERY TIME

Delivery times are given as an indication. In no case may they exceed the cancellation of the order, or give rise to the invoicing of penalties or to the payment of compensation or damages.

 

The available material is always "not sold in the meantime".

 

Our commitment to deliver is suspended in case of :

 

•Failure to comply with the terms of payment stipulated on order or non-payment at maturity of previous supplies.

•absence of the information necessary for the proper execution of the order

•occurrence of events or unpredictable events at the time of acceptance of the order or any circumstance beyond our control

•force majeure however the buyer will be kept informed of any impediment to the execution of the order as soon as it is known to us

•delay by the buyer. In this case we reserve the right to dispose of the equipment otherwise

 

5)DELIVERY - TRANSPORT

Delivery is deemed made in our stores. Shipments including those benefiting from the postage are carried out at the risk of the consignee

Consequently, it is for the latter to grant the carrier the right to check delivery on arrival and, in the event of damage to partial losses or confusion of packages, to make reservations under the conditions required by commercial legislation.

 

In no case will the transport incidents lead to a change in payment terms or a reduction in the amount of our invoice

Costs incurred, in particular, due to the absence of instructions for delivery or refusal to take delivery, shall be borne by the buyer. The transport times are those of the normal mode. Shipments made expressly at the request of the buyer do not constitute a commitment on our part to deliver at a specific date or time. Delays in transport or exceeding the time limit set by the buyer can not be used as a pretext to refuse delivery to cancel the order or to deduct the agreed price.

 

When the shipment is made at our expense we reserve the choice of the carrier as well as the mode of routing. If the carrier is designated by the buyer the shipping costs unless stipulated otherwise will be borne by the buyer. This is always the case for express shipments. However, for consignments which would have benefited from the freight rate in normal,

Only the difference between the two ports will be deducted, the reference tariff being that granted to us by our usual carrier.

 

6)PAYMENT TERMS

All our invoices are payable to SCHILTIGHEIM and the regulations by transfer, processing, promissory note or otherwise constitute no derogation from this clause granting jurisdiction.

Unless otherwise agreed our supplies are to be settled net and without discount within 60 days of receipt of the invoice.

In case of non-payment on the date fixed and without prior notice the sums due and matured shall bear full interest at the rate in force.

In case of late payment, penalties applied to the legal rate and lump sum compensation of 40 € for collection costs.

The costs incurred in obtaining judicial recovery shall be borne entirely by the debtor.

Where a settlement by several bills at different maturities is agreed on the cover of one or more invoices, they can not in any case constitute novation of the original debt, but the non-payment of an effect at maturity automatically entails the cancellation, the immediate payment of the sums remaining due.

The sums paid as a deposit represent the expenses incurred for the preparation of the equipment ordered. They remain with us in case of cancellation of the order. The sale of the asset or the pledging of its equipment by the purchaser shall immediately give rise to the payment of sums due whatever the conditions previously agreed upon.

In accordance with Law 80.335 of 12.05.80 we reserve the ownership of all goods shipped until full payment of the agreed price. The transfer of responsibility is at the time of delivery from this moment the purchaser becomes liable in the event of loss or deterioration.

We reserve the right to exercise some control over the stock of goods delivered.

 

In the event of non-payment the buyer will immediately place the goods at the disposal of the seller and will bear all the costs of return.

 

7)RETURN OF MATERIALS

The return of equipment to give rise to an asset is strictly subject to our prior written agreement setting the terms of take-back.

In all cases the equipment must be returned to the new condition in its original packaging in postage. Unless stipulated otherwise for the coverage of expenses it will be deducted from having a lump sum representing 10% of the takeover value with a minimum of 10 €. The amount thus determined shall be considered as a commodity unless otherwise agreed.

 

8)WARRANTY - CLAIM

In case of non-conforming delivery or subject to dispute any complaint must be addressed to us in writing within eight days of receipt of the goods.

In the event of concealed defect our warranty simply refers to the replacement of the defective products to the exclusion of any compensation for actual costs such as depositing or resting of the parts or damages as capital property or other. In no case can our liability be beyond our own suppliers.

Generally speaking, the "back and forth" shipping costs remain the responsibility of the buyer. the exchange of parts or repairs resulting from the normal wear and tear of any material, damage or accidents due to negligence due to lack of supervision or maintenance, as well as damages originating from improper use or coming from erroneous installation. Thus, the guarantee does not cover damages incurred during transport. It is therefore important to verify the condition of the material before giving discharge to the deliverer. Any modification or repair of the equipment carried out without our prior agreement will immediately and completely eliminate the guarantee.

Repair the modification or replacement of parts during the warranty period can not have the effect of prolonging it.

The warranty period for new machines is always stipulated on our price quotations and varies according to the nature and the type of the machine. As a rule, it covers all manufacturing defects. It is limited to the pure and simple replacement in our workshops of parts recognized as defective.

We do not accept any fees outside of our workshops without our order

 

9)COMPLAINT AND DISPUTES

To be admitted, claims on the goods must be made no later than 3 clear days after receipt. Those pertaining to the price and conditions not more than 15 days after receipt of the invoice.

Only the Commercial Court of STRASBOURG is competent for disputes or disputes that may oppose us to the purchasers notwithstanding any clause contrary which may appear in the conditions of purchase of the customer.

In general, USURTEC shall not be liable in any manner whatsoever, and notwithstanding anything to the contrary, for any indirect, incidental, consequential, loss of profit, capital cost and financial, economic or similar losses caused or incurred to the Customer and in connection with our provision.

 

March 10, 2015