General conditions of sale for AS INDUSTRIES
These general conditions of sale are intended, first, to inform any potential buyer on the terms and conditions under which the company makes the sale and delivery of products ordered.
The offers are valid only within the limit of the option period unless otherwise specified, this period is one month .
The acceptance of orders is, in all cases, linked to the credit worthiness and regularity of payment by the Buyer, to the strict application of our conditions of sale, and, unless exempted by us, by the payment of a 30% deposit which we will retain in case of termination of purchase by the Buyer.
It is only after the acceptance of the order by the Buyer, that the two parties become bound by the contract of sale. The placing of an order implies full and unconditional acceptance by the Buyer of these general terms and conditions of sale to the exclusion of any other document such as leaflets, catalogs, issued by AS Industries and which have no indicative value. No special conditions may, unless formally accepted and written out by the seller, prevail against these general terms and conditions of sale. Any contrary condition imposed by the Buyer will be, in the absence of express acceptance, unenforceable on the seller regardless of when it may have been brought to his attention.
OPENING AN ACCOUNT
Your bank account details, accompanied by a letter on your company letterhead, or showing your details (address, telephone, fax, etc...) as well as your VAT number and SIRET number are necessary for the opening of a company account.
The form for opening a customer account stamped with their company seal, will be returned to us by the Buyer for approval within a period of seven days.
ORDERSOrders can be sent to us directly by mail, fax or email to our Sales Department .
All purchases made by the Buyer become firm and final with the sending of the acknowledgment of receipt within a period of 72 hours.
All purchases made by the Buyer with a frequency of programmed and dated deliveries will be available within a period not exceeding 12 months from the date of the order (unless waived by the seller). Beyond that period, the balance of the order will be delivered and invoiced to the buyer.
The goods are manufactured and delivered to withstand usage in accordance with current applicable standards, especially regarding dimensions and weight, unless exception or reference to other standards constituting an exemption to the present conditions is duly accepted in writing by our company.
Each article conforms to the norms and technical standards previously specified by the Buyer. The Buyer is thus bound by the submitted specifications and cannot under any circumstances place a claim of impropriety on any delivered merchandise that conforms to the order.
All sample validation means the good is ready for production and constitutes an acceptance of items in the series conforming to the sample.
Upon placement of the order, the Buyer is obliged to recall the exact technical requirements, particularly when providing a quote similar to a previous delivery.
An order cannot be canceled, in whole or in part, without prior written consent from our company. In case of cancellation of a running order, all goods in the course of production will be by law delivered and invoiced: moreover, if our company has had to stock up on raw materials or special products in order to fulfill this order, the cost, of any unused portion of these specific supplies due to the production stoppage, will be charged.
The deadlines given are approximate. Also, any delay that occurs either against our will, or by force majeure, will provide neither an entitlement to compensation or to cancellation of the sale. AS Industries is authorized to process deliveries in whole or in part.
The Buyer shall, in case of damage in transit , send a registered letter with return receipt to the carrier within 48 hours after delivery (with a copy to AS Industries), we can in no way be held responsible for any destruction, damage, loss, theft, occurring during transportation.
In any event, delivery on time can only occur if the buyer is up to date on all obligations towards AS Industries, no matter what those may be.
PRICE - PAYMENT
Our prices are net and without discount. They are given as an approximation, the final price being the current price at the time of delivery, unless otherwise agreed. The prices can be revised in relation to the variations in raw materials, which may in no way be a reason for order cancellation. The prices are presented in Euros without tax, VAT extra.
The payment of invoices is 30 days net, by drafts from ACCEPTED and domiciled accounts. For customers having no account in our books, payment is made in cash. All invoices with an amount less than 300 euros without tax will be increased by 30 euros without tax to cover administrative fees.
The payment methods accepted by AS Industries are bank draft and account to account bank transfers.
The address of payment of our invoices is that of our headquarters.
In case of delay in delivery on account of the Buyer, payment is due counting from the date notice was given that the goods were available to them.
The Buyer is prohibited from using a complaint against AS Industries as a reason to defer settlement of a payment, in whole or in part, or to seek compensation.
In the event that the Buyer misses a single payment by the due date or is in breach of any obligations borne by the Buyer, AS Industries is authorized to suspend new deliveries or interventions which can result in:
- a) at the discretion of AS Industries, either the immediate payment of all sums due, whatever the mode and terms of settlement originally planned, or the restitution of goods at the expense of the Buyer,
- b) a charge, by way of damages and interests, and by penalty clause, an allowance equal to 15% of the sums due, in addition to any eventual legal costs and subject to all other dues,
- c) payment of statutory interest at bank base rate plus six percent (6%).
The Buyer will be responsible for all costs incurred by the seller for the recovery of the sums owed.
AS Industries retains ownership of the sold goods until the actual payment of the price in full in principal and accessories.
In the event where the settlement is done by commercial paper, the transfer of ownership to the customer will only take place after the actual payment of said goods.
In case of litigation or complaint by the buyer, no compensation, of any sort, can challenge the title retention clause.
This provision shall not prevent the transfer to the Buyer upon delivery, the risk of loss and damage of goods sold, as well as any damage that they could cause.
All claims should be made in the fifteen days following the delivery and must be confirmed in writing, and sent by registered mail with A.R.
We reserve the right to replace this article, or to issue a credit valued at the invoiced price.
Responsibility is limited solely to goods supplied by AS Industries and does not apply to damages, injury or loss of revenue caused by a defective item.
Our guarantee is limited to the normal use of our products in a manner corresponding to their specifications or professional standards.
RETURNS, LITIGATIONS, DISPUTES
Any statement of nonconformity should specify the number of the delivery note, the reference and the quantity involved and the reason for the non-compliance .
All return of goods shall be notified in writing to the seller so that return of the products can be organized.
Without notification and validation from the seller, all charges related to the return of the goods shall be at the expense of the Buyer.
AS Industries will not be held responsible for delay or failure to perform its obligations in the case of force majeure, in particular in the event of natural disasters, bad weather, fire, explosion, flood, national strike, transport accident, riot or civil disturbance, unforeseen delay by the supplier, shortage of goods and materials.
Shipping costs outside of the metropolitan area are at the expense of the Buyer.
ATTRIBUTION OF COMPETENCE
AS Industries resides at its headquarters. Any dispute will be at the exclusive jurisdiction of the Commercial Court of Bordeaux.
Drafts or acceptance of payment provide neither novation nor exemption from this jurisdiction clause.
AS Industries reserves the right to change without prior notice the current conditions of sale so as to maintain conformity of standards.