The following terms and conditions attached to the contract, prevail over any documents provided by the Buyer, its agents, carriers, which are not signed by the Seller. Any contract modifications have to be validated and signed by the Seller.
All documents including any type of information provided by Circé are indicative. The data provided become blinding when they are mentioned in the contract.
Offers are based on the requirements given by the Buyer. The Seller is engaged only thanks to a written contract including the template of the company on the papers. The offer is settled and valid for 3 months. Circé has the right to update the quotation. Indeed, if the trading prices of raw materials (copper, alu, sheet metal …) varies more than 5% between the quotation date and the delivery of the products, Circé has the right to update the amount (in €) of the quotation.
3. CONTRACT EXECUTION
Engagements from Buyer and Seller will be executed according to the contract. Any modifications of the contract can be done thanks to a written amendment and then approved by the Seller.
Excepting under special conditions, the prices exclude vat for products which are not including specific packing. The price takes into account the delivery condition mentioned on the contract. The prices are only for France because it not includes specific laws, taxes or additional fees that can be required to sell abroad. The prices are in euro currency. For any orders below 150 euros (total price excluding vat), delivery charge will be added.
5.1 Payment terms
According to the French law n°2001-420 (applied from the 15th of May 2001), the Seller has to be fully paid at maximum 60 days after sending the products to the Buyer. This term can be exceptionally modified after agreement between the Seller and the Buyer. The due date of payment can strictly not be modified by the Buyer, even in case of litigation. Anticipate payment will not include discount.
5.2 Late payment
According to the French law n°2001-420 (applied from the 15th of May 2001), n°2008-776 (applied from the 4th of August 2001), and n°2012-387 (applied from the 22th of March 2012), any late payments will receive an interest of 1,5% per month of delay. Any case of late payment, the Seller
can keep the products and the components until getting paid.
5.3 Direct debits
The Buyer is prohibited from any illegal practice of automatic debit or credit and, more generally, from charges that have not been accepted previously by the Seller.
6. DELIVERY TIME
The delivery time starts when Circé and the Buyer sign the contract. The Seller is not responsible to respect the delivery time when: the Buyer doesn’t follow one (or more) terms of the contract, if events or a force majeure case happen, or if any independent situations lead the Seller to manage differently the company. If it’s possible, the Seller will contact the Buyer to explain the situation and delay penalty could be engaged only if the Seller accepted it when they signed the contract. The delay penalty excludes repairs and other expectations from the Buyer.
12 months guaranty (starting form the production date) is automatically included in the contract, if the Buyer wants to extend the warranty, it should be mentioned in the contract before signing it. The warranty is valid if there are raw material or product defects. To involve warranty, the default(s) has(ve) to be reported, by a written document, to the Seller maximum 8 Days after receiving the products. This document should give a clear explanation regarding the default and the using condition of the product when it happened. Over 8 days after receiving the product, the warranty is not available anymore.
The Seller chooses, as he wants, if the product will be repaired or replaced in its workshop. The warranty doesn’t cover the fees as transportation, travel, delivery or handling.
7. PRODUCT RETURN
It is not mandatory for the Seller to accept the returned products in case of he is not involved in the issue. If the Seller exceptionally accepts the return at maximum 6 months after the invoice of the product, the Buyer will receive 20% of the price paid and he should also pay the rehabilitation of the product. The reception of the product can be accepted after validation from the Seller, only if the Buyer returns the document explained in the part 6-Delivery time regarding the product defect and the usage condition. The product should be returned from the Buyer to the Seller via the INCOTERM DDP (Delivered Duty Paid).
8. CASE OF FORCE MAJEURE
None of the parties can be responsible for being late or not running the company as usual if there is a case of force majeure. According to the French jurisprudence, a case of force majeure can be: natural disasters, earthquakes, storms, fires, floods, conflicts, wars, terrorist attacks, working conflicts, strikes (total or partial), imperative injunction imposed by public authorities (e.g. embargoes, prohibition to import etc…), accidents during transportation, from machines, explosion, no delivery from suppliers. Both parts have to inform each other when it happens.