General Conditions of Sale
Link to downloadable document at the end of the page.
GENERAL CONDITIONS FOR SALES NEGOCATE ATS
I ) GENERAL :
Any order shall automatically imply full acceptance of these conditions, without reservation or clause to the contrary. They cannot therefore be modified by
contrary provisions which may appear on the customer's purchase orders or in the customer's general terms and conditions of purchase. If any provision of these
conditions proved null and void, it would be deemed and would not lead to the invalidity of others.
II ) DELIVERY DETAILS
Delivery times are given only as an indication and delays cannot under any circumstances justify a cancellation of the order or a delay, or a delay in the delivery of the order.
claim for damages and interest.
III ) DELIVERY
All our goods travel at the risk of the consignees (Article 100 of the Commercial Code) whether they are shipped in due port or in paid port for the
account of the consignee, or free of port. Because of the damage that may occur during the journey, our customers must check the packages at their
arrival.
All claims must be addressed to the carrier by registered letter with acknowledgement of receipt within two days, the carrier
having checked the number, weight and packaging of the packages at the time of taking possession of them.
No return will be accepted if it is not authorized by ATS NEGOCE and shipped free to our factory.
IV ) RECLAIMATION AND RETURN
Any claim concerning an apparent defect in the goods, provided that it is attributable to a cause other than transport, must be addressed to us by
written within three days from receipt. Under no circumstances, and for any reason, can any material or supplies be returned
without our prior and written consent.
V ) GUARANTEE
The duration of the warranty for hidden defects, defects in material manufacture or in operation is indicated on the invoice.
This guarantee is strictly limited to the supply made and the repair or change of the parts deemed defective by us, at our expense during this period.
The cost of returning the equipment is borne by the customer.
Replacements or repairs made necessary for any cause not caused by us, including normal wear and tear, lack of maintenance, are excluded from
our warranty, and in any case will be the full responsibility of the customer. Our guarantee is formally excluded in cases where a change of some kind
It would have been brought to our materials and supplies.
Our guarantee cannot in any case incur our liability and give rise to a claim for compensation or damage and interest, for any reason whatsoever and
in particular for stopping manufacture or other consequences.
In accordance with the law, it is recalled that the purchaser of new equipment enjoys the legal guarantee, against all the consequences of the defects and hidden defects of the
It's sold.
VI ) PAYMENT
1- Prices
Unless otherwise provided, the goods shall be invoiced at the price of the tariff on the day of delivery or making available.
2- Payment period
We grant a 30-day settlement period on the 10 without discount to our regular customers with an account open in our books.
The invoice date is the starting point for the payment period.
Any dispute concerning our goods delivered, or any expectation of an asset, shall not constitute a ground for delay in payment or non-payment.
3- Delays in payments
If a mature invoice is not paid, the seller will require:
-the payment of all outstanding invoices,
-the payment before delivery of any order already accepted,
-the seller may also exercise, by simple request addressed to the buyer, the claim of the things delivered but not paid on expiry, without notice
prior. The seller may also take the unpaid goods into the hands of the sub-purchasers or demand direct payment from the sub-purchasers.
No formal notice is required to show a default of payment that exists automatically as a result of the lack of full settlement at maturity.
Any delay in settlement shall make interest payable at the rate of legal interest plus 5%.
Any delay in settlement shall make payable a lump sum payment for recovery costs equal to 10 per cent of the outstanding claim, plus 10 per cent of the outstanding claim.
the unpaid claim if its recovery has been entrusted to any third party (collection agency, lawyer, bailiff etc.) without prejudice to the rules
legal provisions relating to ex officio repeatable costs of justice and compensation for ex officio irrevocable costs.
The provisions of this Title shall not prejudice the right to rely on the retention-of-title clause.
VII ) RESERVE OF PROPERTY
In accordance with Article 3 of Law No 80-335 of 12/05/80, the seller retains ownership of the goods delivered until the full settlement of the invoices concerning
the so-called material. For this purpose, the remission of the effect of trade or security constituting an obligation to pay does not entail novation, the original claim remains with
all guarantees attached thereto, including retention of title, until the said trade effect or title has actually been paid. Failure by
the acquirer satisfies one of the agreed terms, non-payment of a single trade effect at its maturity, for example, the entire balance of the receivable will become
immediately due. Any postponement of the term will not preclude the retention-of-title clause.
VIII ) COURTS
Any disputes arising out of this contract, its interpretation or performance, shall be subject solely to the jurisdiction of the Tribunal de Commerce de
LYON, even in the event of a guarantee appeal or multiple defendants. The same shall apply to any dispute arising from payment incidents relating to this contract.
Link to downloadable document:
GTC

