GENERAL CLAUSE OF APPLICATION
The seller sells to the customer, who accepts it, the materials and products and/or provides the services under these general conditions of sale. Contractual relations are subject to these general terms and conditions, unless we expressly waive them in writing. All orders imply the customer’s full and unreserved acceptance of these terms and conditions of sale. Our general terms and conditions take precedence over any provisions to the contrary appearing on purchase orders, any conditions of purchase or any other document issued by the purchaser.
ORDER
The order must be made in writing and indicate, in particular, the designation, quantity and specific features of the products sold and/or services provided, as well as the agreed price, payment terms, place and date of delivery. Orders are final only after express acceptance of the order form by the customer, accompanied by a deposit. Order confirmation may be in the form of an acknowledgement of receipt or directly on the invoice. The customer accepts these terms and conditions of sale, acknowledges having read them, and waives the right to invoke his or her own terms and conditions of purchase.
PRODUCT
The seller may at any time modify the characteristics of the products it sells for any reason whatsoever.
OFFER
The choice of product is the sole responsibility of the purchaser in relation to its intended use. He remains solely responsible for his choices.
PRICE
The price of the products sold and the services provided are invoiced at the prices in force at the time the order is accepted. Prices are net, excluding packaging and transport, and exclusive of tax, on the basis of the rates communicated to the customer. The prices indicated therein may be revised if, due to the customer’s fault, the delivery date indicated therein is not met.
delayed by more than three months.
PAYMENT
All invoices are payable to COBOT ONE, ZAC des Cettons, 1 rue R. Panhard et E. Levassor, 78570 CHANTELOUP-LES-VIGNES.
All orders are subject to a 30-40% deposit before delivery. Payment is due within 30 days of invoice date and receipt of goods, or 3% discount for cash payment (within eight days of invoice date), unless otherwise agreed.
In the event of staggered shipments of materials covered by an order or contract, the invoices invoices corresponding to each delivery are payable on their respective due dates, without waiting for that all products covered by the order or contract have been delivered.
LATE OR NON-PAYMENT
In application of article L. 441-6 of the French Commercial Code, late payment penalties are payable if the payment date shown on the invoice is not respected. Penalties for late payment correspond to 3 times the legal interest rate, plus a flat-rate collection fee of €40. In the event of late payment, the seller may suspend all current orders, without prejudice to any other course of action, and in particular the application of legal interest to the buyer.
In the event of non-payment, the sale may be cancelled by operation of law 48 hours after unsuccessful formal notice. The seller may request, in summary proceedings, the return of the equipment, without prejudice to any damages.
DELIVERY
Delivery times are indicative only, and depend on the availability of the material. The customer may not take advantage of a delay to cancel the sale, refuse the goods, justify the application of a penalty or claim compensation.
TRANSPORT
Packaging, transport, handling and insurance costs are invoiced in addition to the price. The risk of the material, by carrier, is transferred to the customer as soon as the goods are delivered. It is therefore the customer’s responsibility to safeguard his rights vis-à-vis the carrier, by expressing his reservations within the time limits and in the form laid down by the applicable rules. If no complaint or reservation is made in this respect by the purchaser on the day of receipt of the goods, the said goods may no longer be taken back or exchanged in application of the provisions of article 1642 of the French Civil Code. It is up to the customer to provide any justification as to the reality of the defects or anomalies found. The seller must be given every opportunity to ascertain and remedy any defects. All product returns must be formally agreed in writing between the seller and the customer. Any product returned without the seller’s agreement will be held at the seller’s disposal, without giving rise to any claim.
a credit note. The costs and risks of returning goods are always borne by the customer.
RESERVATION OF TITLE
The equipment remains the property of the seller until full payment has been received from the purchaser (including interest and costs), in application of the law of May 12, 1980. In the event of non-payment, the order will be automatically cancelled and the materials, supplies and accessories will be taken back without legal formalities.
GUARANTEE
Products sold are covered by the legal warranty against hidden defects, as defined in article 1641 of the French Commercial Code. Civil Code, from the date of delivery. Excluded from the warranty are damages resulting from abnormal use, non-compliance with the manufacturer’s instructions for use and maintenance, negligence, destruction… of any kind. to the products, whether caused by the purchaser or a third party. 1-year parts and labor warranty, return to workshop. All returns are at the customer’s expense, except for parts subject to wear, maintenance or malicious damage.
CLAIMS
The absence of reservations by the customer or his representative upon receipt of the goods extinguishes all claims relating to apparent defects.
If the equipment is not used according to its usual use or procedure, no claim will be accepted. Any complaint will be examined in its context, and the seller will be obliged to replace or reimburse any material that does not conform or is affected by a latent defect, without compensation.
SETTLEMENTOF DISPUTES
In the event of a dispute, French law will be exclusively applicable, and the French language will be used exclusively as a reference. Any dispute arising from the interpretation, execution or performance of this contract shall be submitted to the exclusive jurisdiction of the competent court at our company’s registered office.