Our sales are governed by these general terms and conditions which shall prevail over any terms of purchase, unless formal and expressly accepted otherwise by us.
Formation of the contract
When we issue a quotation, it constitutes the speci!c terms and conditions amending or completing these general terms and conditions. Any purchase order received from a buyer shall only be considered !nal once we have accepted it in writing, such acceptance including the specific terms and conditions.
Prices are stated exclusive of tax; their !rm or revisable nature and the amount are speci!ed in the speci!c terms and conditions.
Terms of payment
Unless otherwise expressly agreed in the quotation, the terms of payment are as follows:
- 50% of the price including tax upon placing the order, for con!rmation.
- 50% ex-factory.
Payment shall be made upon receipt of the invoice, by bank transfer. Any failure to pay shall render the entire balance due, plus a late payment penalty, legal interest and any legal fees. In the event of latepayment, in accordance with Article L441-6 of the French Commercial Code, a penalty calculated on the basis of 3 times the interest rate in force and €40 liquidated damages for recovery costs shall be due. No discount shall be granted in the event of advance payment.
We shall retain title to the goods sold through to effective payment of the principal price and any incidental costs. The goods may be claimed in the event of any failure to make payment. Notwithstanding these provisions, risks of loss and deterioration of the goods sold as well as the risk of damage they may cause shall pass to the buyer, on delivery. If the goods are claimed, the prepayments received shall accrue by way of damages.
The buyer shall communicate a valid delivery address and shall ensure that someone can take delivery of the goods on the agreed date. Should delivery be delayed for any reason beyond our reasonable control, it shall be deemed to have been made on the agreed date. Unless otherwise stipulated, the buyer shall pay the costs and bear the risks of transportation of the goods sold. The delivery time is stipulated upon receipt of your order con!rmation. However, as inventory shortages are unavoidable, delivery times indicated on our order con!rmations are given for information only. A late delivery shall not be a ground for terminating the contract of sale and shall not give rise to any payment of damages or late delivery penalties or to a cancellation of the order.
Our prices are stipulated EX-WORKS from seller’s premises or any other Incoterm stipulated in the speci!c terms and conditions. The transportation risk shall be fully borne by the buyer who is responsible for insuring the goods.
The parties shall be fully released from any liability if any failure by either one to ful!l any or all of their obligations results from a force majeure event. In addition to those usually upheld by the French courts in their decisions, the following shall be considered a force majeure event: any blockage, disturbance or overload of telecommunications networks, poor quality of electric power, blockage of transportation or supplies for any reason whatsoever, bad weather, epidemics, earthquakes; !res, storms, #oods, water damage, government or legal restrictions, as well as legal or regulatory changes of marketing modes.
Recommendations - Complaints
Owing to the speci!c nature of our manufactured products, we cannot warrant the absolute compliance of a colour or !nish from one product to another. For any follow-on order, please enclose a sample of the exact colour desired or precisely indicate the references of the previous delivery. No complaint shall be accepted for slight differences in !nish, a condition which the buyer accepts. Metal patinas are hand-made and cannot therefore be identical on every manufactured product. Patinas change with time and may be impaired by the use of chemicals. Goods shall only be taken back with seller’s written consent, provided they are in good condition for resale and are correctly packed. The buyer must check consignments upon arrival. In the event of any missing goods or damage caused during transportation, the buyer should indicate all the necessary reservations on the delivery note upon receiving the said goods. Such reservations must also be con!rmed in writing within 3 days of delivery, by registered letter with acknowledgement of receipt. The complaint should present the defects detected in detail.
Return of goods
No return of goods shall be accepted by the seller, without its prior, written and signed consent, stipulating the references, quantities and amount of said return, on the understanding that only goods arriving in perfect condition shall be credited. Unless speci!cally agreed otherwise, no custommade manufactured goods will be taken back. All goods must be returned with a copy of the return note.
Work - Quotations
To be valid, all orders must be con!rmed in writing by both parties concerned. The prices of our quotations constitute a !rm undertaking as to the price of the supplies and labour. In the event of any complaint about the performance of work, the customer must immediately inform us and enable us to raise any appropriate objections. No complaint shall be examined after a two-month period. Lead-times shall be indicated for your information only, so we shall not be held liable for any later completion and no compensation shall be paid for loss of use or late performance.
Except for those supplied by the customer, the designs and models created by the supplier shall remain the exclusive property of GARNIER & LINKER. Therefore, no copy, including partial copies, may be made by the buyer or any third party.
Should either party fail to ful!l its obligations, this contract shall be automatically terminated without prior notice for the bene!t of the other party, and without prejudice to the damages that may be sought from the defaulting party.
For any dispute arising in connection with the performance of the contract of sale or payment of the price or in connection with the construction or performance of the provisions and conditions hereof and/or of the provisions referred to above, the commercial court of Amiens shall have exclusive jurisdiction.