1 - General conditions:
This regulation shall govern the business relationship with our distributors and consumers. It prevails over any clause, except with a written agreement from us. The characteristics and pricelists mentioned on the catalogues, advertisements and website, have only an indicative value and the confirmation of the order will be related to the existence of stock and to the availability of necessary stationeries to the treatment of the order.
2 - Bid and order:
Every change in the order may lead to the postponement of the delivery date. RENE PIERRE is only committed when the order of the customer is accepted, which becomes firm and definitive. RENE PIERRE cannot accept any invalidation, except if it is drawn up at least one month before the scheduled delivery date, and accompanied by a forfeit of 50% of the total amount of the order. The same amount is due by RENE PIERRE, as an indemnity, if he cancels the order without any legitimate reason.
3 - Delivery time:
The strict nature of the desired delivery time must be expressly mentioned, in the specific conditions, otherwise the liability of RENE PIERRE cannot be committed. The announced delivery time can change, according to the production requirements, since some parts or accessories are delivered by suppliers. It is always increased, with the time spent by the customer, to fulfill his own commitments, and it is extended on the request of RENE PIERRE, in case of unforecasted event.
4 - Delivrey and transfer of risks:
The delivery is done at the place indicated by the customer, when he placed the order. RENE PIERRE covers the costs and risks related to transport, in case of a written agreement from us. The transfer of risks to the customer is done when he signs the delivery note, notwithstanding the right of retention of title. None delivery delay can give right to a compensation of a damage.
5 - Price and payment:
Our invoices are built up with additional VAT, payable in cash. Time delays, way of payment, as well as down payments unplanned in the order form, must be subject to an explicit agreement. No discounts can be granted. Failure to forward the accepted bills and bank information within 7 days after being issued, as well as the non-compliance of a payment due, shall give right for RENE PIERRE and without any formality: 1°- Close-out netting and consequently the immediate playability of the amounts still due. 2°- the suspension of any dispatch. 3°- the cancellation of ongoing contracts, as well as maintenance and guarantee contract. 4°- Any amount due incures at RENE PIERRE’s right and without notice, on interest with a monthly rate equal to the interest rate from the European Central Bank effected on the most recent operation, increased by 10%, as well as the payment of a payment for collection costs corresponding to 40€, without prejudice to a complementary indemnity, when the collection costs are higher than this lump sum payment.
6 - Guarantee:
Every complaint must be made within 48 hours after the delivery. RENE PIERRE commits to guarantee his products for a year. Damages, with an external cause or linked to an improper use of the products, are not covered, as well as the case of an excessive use. The guarantee does not include damages caused by negligence, misstep of the user and by non-compliance of using instructions, of maintenance and safety.
7 - Responsibility:
The professional customer irrecoverably renounces to start an action for damages against RENE PIERRE, to obtain immaterial damage compensation, indirect costs, every loss or prejudice related to the impossibility of operating the machine. He also declares assuming the entire responsibility arising from article 1386-1 and following of the French code civil. RENE PIERRE’S responsibility cannot, in any circumstances, be held liable beyond the amount without VAT of the products delivered, regarding the order which is contested.
8 - Retention of title clause:
Our products’ property is transferred to the buyer only by full payment of the price and its accessories. The mere remission of a payment document, creating an obligation to pay (bill or other) is not a payment. In case of a seizure or upon the intervention of a third party on the products, the customer must inform RENE PIERRE without any delay to allow the company to oppose and to preserve its rights. Furthermore, the customer does not allow himself to pledge or sell as collateral.
9 - Jurisdiction :
The LYON commercial court is the only competent court for any contest or a dispute even in the case of a guarantee call or plurality of defendants.