The prices and information provided in catalogs, brochures, and price lists are for indicative purposes only. The seller reserves the right to make any revisions to the design, dimensions, or materials of its devices, machine assemblies, machines, and machine components whose prints and descriptions are featured in its printed materials for advertising purposes.

The supply precisely and exclusively includes the material or equipment specified in the quotation; acceptance of offers also implies adherence to these conditions. The sales contract, even in the case of quotations or offers, is only concluded upon the express acceptance by the seller of the buyer's order. The weights given in the quotation or contract are for indicative purposes only and cannot under any circumstances be the cause of claims or price reductions when the equipment is sold on a fixed-price basis. Depending on product availability, certain references may be subject to a Minimum Order Quantity (MOQ). This information will be communicated to the establishment either in the quotation or in the acknowledgment of receipt of the order. The validation of the sale will be subject to your approval.

Unless otherwise stipulated, delivery is deemed to be made at the seller's store. Prices are exclusive of taxes for equipment at the seller's store. Delivery is made either by direct handover to the customer, by simple notice of availability, or by delivery to the seller's store to a shipper or carrier designated by the customer or, failing such designation, chosen by the seller.

Unless otherwise agreed, we reserve the right to send our equipment in partial shipments. The principle of delivery to the seller's store cannot be waived by indications such as free delivery to the customer's home, to a station, to a dock, or reimbursement of total or partial transportation costs.

If shipment is delayed for any reason beyond the seller's control and the seller consents to it, the equipment is stored and handled, if applicable, at the buyer's expense and risk, with the seller declining any subsequent liability in this regard. These provisions do not alter the payment obligations for the supply and do not constitute any novation. The sale prices are those of the applicable rate on the date of delivery. These prices form the basis for billing on the date of delivery.

Packaging is always due by the customer and is not taken back by the seller, unless otherwise stipulated. In the absence of specific indication on this subject, the packaging is prepared by the seller who acts in the best interests of the customer. Quantities per item are deliverable only based on the packaging indicated in this price list.

 

Contractual deadlines are indicated on our order acknowledgments, with the date specified being ex-works and given for indicative purposes. Any delays cannot lead to the cancellation of the order. No penalty or damages can be claimed from the seller. The seller is also released, by operation of law, from any commitment relating to delivery times if the payment conditions have not been observed by the buyer or in the presence of a case of force majeure and specific events such as: pandemic, war, requisition, fire, flood, closure of a company, strikes, tool breakage, rejection of important parts during manufacturing, interruption or delay in transport, or any other cause leading to total or partial unemployment for the seller or its suppliers. The seller will inform, in due time, of cases or events of this nature.

 

For metropolitan France, free delivery is granted for any order with a net amount excluding taxes of 450 EUR, deliverable in one go and to one address.

For Corsica, free delivery is granted for any order with a net amount excluding taxes of 600 EUR, deliverable in one go and to one address.

For overseas departments and territories (DOM-TOM), prices are ex-works. Express deliveries are at the buyer's expense, regardless of the order value. For France: a surcharge of 50 EUR excluding taxes for administrative costs for any order less than 150 EUR excluding taxes. Certain references may be subject to a Minimum Order Quantity (MOQ). Eurogeste reserves the right, subject to manufacturing constraints and for a fee of 15 EUR excluding taxes, to propose a de-packaging of the MOQ.

For exports, a surcharge of 100 EUR excluding taxes for administrative costs for any order less than 300 EUR excluding taxes. Incoterms: The delivery terms indicated in our contract (EXW, FCA, CPT, DDP) are understood by reference to the ICC INCOTERMS. From the delivery of the goods to the agreed place, we decline all responsibility in the event of loss, theft, or damage to the equipment.

 

Any return must be the subject of a written request from the buyer to the seller. Any accepted return will be the subject of written communication from the seller to the buyer. This communication will specify the conditions of the return: return at the buyer's expense, compensation order, equipment in its original complete packaging, validity of 3 months. A minimum discount rate of 20% will be applied to the net amount invoiced excluding taxes for returns of goods sold less than three months ago. Only items listed in our public price list may be subject to return agreements.

 

Payments are due upon collection of the equipment or before shipment, unless an account has been previously opened, after production of references, the payment period cannot exceed 45 days end of month or 60 days (net) in accordance with applicable laws. The invoice specifies the date on which payment is due: payments are made at the seller's domicile. For the calculation of the deadline of 45 days end of month, it consists of adding 45 days to the invoice date, and the payment deadline occurs at the end of the month in which these 45 days expire. Example: if the invoice is dated January 28, 2020, payment must be made no later than March 31, 2020. In case of disagreement on the calculation method of the deadline, the legal deadline applies by default, which is 30 days after the delivery or provision date. Any late payment will be subject to late payment penalties at a rate of 3 times the legal interest rate, as well as a lump sum indemnity for recovery costs: 100 euros (Law No. 2012-387 of March 22, 2012 - implementing decree No. 2012-1115 of October 2, 2012). If the recovery costs exceed the amount of the lump sum indemnity, the creditor may request additional compensation upon justification. Agreed payment dates cannot be delayed for any reason, including in case of dispute. No offsetting can be applied without written agreement from the supplier under penalty of formal notice. The law gives us the right to assign the claims resulting from our business relationships.

 

The seller undertakes to remedy any malfunction resulting from a defect in design, materials, or execution, including assembly if this operation is entrusted to it, within the limits of the provisions defined by the seller. The seller's obligation does not apply in the event of a defect resulting from materials supplied by the buyer, a design imposed by the buyer, or a poor product/use match practiced by the customer knowing that the reseller customer is always responsible for the advice he gives to his customers, the seller being able to provide indicative assistance. Any warranty is also excluded for incidents due to fortuitous events or force majeure as well as for replacements or repairs resulting from normal wear and tear of the equipment, damage, or accidents resulting from negligence, lack of supervision or maintenance, and defective use of this equipment. The seller's products are manufactured to operate under standard conditions defined in the technical documents. Any use outside of these conditions is the sole responsibility of the reseller customer and end-user customer. Unless otherwise stipulated, the warranty applies only to defects that have occurred during a period of two years from the delivery of the products by the seller. Replacement parts or remade parts are warranted under the same terms and conditions as the original equipment and for a new period equal to that defined above. This provision does not apply to other parts of the equipment whose warranty period is extended only for a period equal to the period during which the equipment has been immobilized. In all cases, the warranty is limited to providing a replacement product or a full refund of the incriminated product, excluding all other costs, charges, or compensations.

 

The seller retains ownership of the goods sold until full payment of the entire price in principal and accessories (Law No. 80-335 of May 12, 1980). Failure to pay one or more installments may result in the reclaiming of these goods.

 

All clauses in these GTC, as well as all operations referred to therein, will be subject to French law, excluding the United Nations Convention on Contracts for the International Sale of Goods. In accordance with the European Directive on Alternative Dispute Resolution for Consumer Disputes "ADR", consumers have a mediation system to facilitate the amicable resolution of disputes. Any dispute that the parties cannot resolve amicably within thirty (30) days will be the exclusive jurisdiction of the Commercial Court of the jurisdiction of the registered office of EUROGESTE.