Article 1: Generalities
All orders imply the buyer to accept without reservation these conditions, with the exclusion of all other document emitted by our company, which would be for information purposes only.
Article 2: Assignment of Jurisdiction
This contract is governed by French law.
In the event of dispute or contention, the Tribunal de Commerce de Lille will be the sole jurisdiction, even in the event of several vouchers to warranty or involvement in connected actions.
Article 3: Price
The specific activity of the buyer means that no price list can be drawn up. The price will be contractually fixed upon the conclusion of the sales contract that will arise from the customer's order, accepted by the seller.
Article 4: Delivery Schedule
Delivery schedules are purely for information purposes. The seller can not be held in any event whatsoever responsible for any delay in delivery.
Article 5: Transport
Prices quoted are understood to be for collection ex works. Shipment therefore takes place at the buyer's risk.
Article 6: Dispatch control
Since the goods are specifically second hand and sold in their current state without guarantee, the buyer shall be obliged to check the conformance of the equipment and goods upon collection.
No complaints shall be admitted after collection, for whatever reason.
Article 7: Invoicing
Invoices shall be issued and paid in accordance with the stipulations stated in Special Terms and Conditions of Sale.
The invoice will state the date upon which payment must be paid as well as delayed payment penalties.
Article 8: Terms and conditions of payment
Unless stipulated otherwise, invoices are payable to the head office of the seller, upon reception of the pro-forma invoice.
Article 9: Delayed payments
In accordance with the provision set out in article L441-6 of the Commercial Code, delayed payment penalties are applicable should due amounts be paid after the payment date appearing on the invoice.
By applying the provisions in article L441-6 the rate shall be equal to the interest rate applied by the European Central Bank in their most recent refinancing operation, plus a surcharge of 7 percentage points. Delayed payment penalties shall be payable without the need for a reminder.
Article 10: Buyer's Obligations
Since the second hand goods are sold in their current state, the buyer shall be obliged to check the conformance and safety of the material in relation to legal provisions and European, national and local regulations.
Any possible modification and modernising to comply with safety standards shall be at the buyer's exclusive expense and at the buyer's responsibility.
The buyer shall refrain from using any goods before carrying out these conformance and safety checks.
In accordance with the provisions set out in article L.212-1 of the Consumer Code, the buyer must ensure that the goods conform to the prescriptions in force relating to the health and safety of people and consumer protection.
The buyer is responsible for proving that these checks have been carried out.
If the sale is “Ex-Works” (INCOTERM 2000), it is the responsibility of the buyer to get the equipment dismantled and removed in compliance with local regulations and with the instructions given by the owner of the site where the equipment is located.
Article 11: Seller's responsibilities
The second hand goods are sold in their current state without guarantee.
The seller shall not in any case whatsoever be held responsible for loss of profits or accidents that occur following the use of the second hand goods sold in their current state without guarantee.
Responsibility for defective products, such as defined by articles 1386-1 and according to the civil code, shall be in all cases limited to the value of the goods collected.
Article 12: Transfer of ownership / Transfer of risk
The goods shall remain the property of the seller until such time as the price has been fully paid.
Non payment, including partial non-payment, may lead to a claim for recovery of the goods.
The right of recovery shall come into force even in the event of judicial settlement or liquidation of the buyer's assets.
All claims for recovery due to non-payment of the price shall lead to the unconditional cancellation of the sale. The return of goods shall be made at the cost and risk of the buyer.
All resale of goods by the buyer shall lead to the transfer of this reservation of title clause at the expense of the subsequent purchaser.
By way of derogation from article 1583 of the civil code, the collection of the goods gives rise to the transfer of risk at the purchaser's expense, both for damages caused to the goods as well as for damages caused to third parties.
The transfer of risk shall occur as soon as dismantling has begun or collection made.
Article 13: Applicable law
In all events the applicable law shall be French law. In the event of translation, the French version shall prevail.
Provisions set out in the International Vienna Convention on the international trade of goods are excluded.