GENERAL BUSINESS TERMS
1 – GENERAL POINTS
The Customer is supposed to be aware of the General Business Terms hereafter. Placing an order implies that the Customer has accepted these General Business Terms. MANUFACTURE EXPEDIT is not liable for the information and the prices stated in its catalogues and price lists, and those may be changed without prior notice. Unless otherwise agreed by MANUFACTURE EXPEDIT, all orders and all quotations are subject to the following General Business Terms. Our General Business Terms take precedence over any contrary clause that may be stated on the Customer’s order, as far as not accepted by MANUFACTURE EXPEDIT. Additional agreements between MANUFACTURE EXPEDIT and the Customer require confirmation in writing for legal effectiveness.
2 – QUOTATIONS
Quotations issued by MANUFACTURE EXPEDIT only bind us for the duration stated on the documents. If there is no indication on the quotation, the maximum duration shall be one month.
3 – ORDERS
All orders issued by the Customer are valid only after our confirmation in writing or delivery. Unless otherwise agreed, no cancellation of order by the Customer shall be accepted without prior fixing a compensation. When a Customer cancels an order placed with MANUFACTURE EXPEDIT, he shall pay back MANUFACTURE EXPEDIT for all costs incurred arising out of such orders.
4 – TERMS OF DELIVERY
Unless otherwise agreed, all our prices are Ex-Works.
5 – DATES OF DELIVERY
Dates of delivery are not binding, and MANUFACTURE EXPEDIT will not be liable to the Customer for damages due to delay in delivery. We reserve the right to cancel the whole order, or a part of an order that we could not deliver.
In all cases, the Customer will be responsible for all costs and risks associated with the collection and transportation of the goods, and MANUFACTURE EXPEDIT will not be liable for losses, thefts, or damages of goods occurring during the freight. The claims to the forwarder will be made by the Customer. The claims have to be sent to the forwarder by registered letter within 3 working days after receipt of the goods.
7 – QUALITY OF THE PRODUCTS
Our products are of reasonable quality, but we cannot guarantee their use for another purpose than the one they are commonly used for. Thus, the Customer shall check that our products are compatible with their use.
8 – WARRANTY
Our machines and tools are guaranteed for one year, and are in conformity with the safety regulations. The warranty is limited to the replacement or the repairing of any part acknowledged to be defective in our factory. Any other service or indemnity are not part of the warranty. Defects resulting from an inaccurate use of the material cancel the warranty. Our machines and tools are designed to be used with our products, and in conformity with our specifications. MANUFACTURE EXPEDIT shall not be liable for consequences resulting of the use of its machines and tools with products which have not been manufactured by MANUFACTURE EXPEDIT.
9 – CLAIMS
Claims must be notified in writing to MANUFACTURE EXPEDIT within 8 days of the receipt of the goods by the Customer. Claims received after 8 days will be rejected. Returns of goods are not accepted without a written agreement issued by EXPEDIT. If we acknowledge after inspection that the products delivered by us are faulty, MANUFACTURE EXPEDIT will be liable to replace those products. Any other indemnity is excluded.
10 – PAYMENT
Regardless of the means of payment stated in our quotations, we reserve the right to deliver C.O.D. Unless otherwise agreed, payment has to be effected on receipt of the invoice. Drafts and letters of credit must be returned to us signed within 8 days. We do not accept drafts for amounts under 80 euros. Our invoices are payable without deduction, unless otherwise agreed, and confirmed in writing by MANUFACTURE EXPEDIT. If an order involves several deliveries payable progressively, and one invoice is outstanding, we reserve the right to postpone the other deliveries, or to cancel the sale without prior notice.
11 – INDEMNITIES FOR OUTSTANDING PAYMENT
In case of delayed payment, MANUFACTURE EXPEDIT may invoice charges calculated on the basis of the legal interest rate increased by 2 percent. We reserve the right not to supply a Customer if previous invoices are unpaid, unless the Customer immediately forwards the outstanding payment.
12 – QUANTITIES
In accordance with the usual tolerance in our profession, and unless otherwise agreed, the delivered quantities may vary by 2% (more or less) with the invoiced quantities. When placing an order, the Customer is expected to respect the minimum quantities stated on our documents.
13 – SMALL ORDERS
For all orders under 80,00 €, a surcharge of 8,00 € will be put on the invoice in order to cover the costs related to the processing of such an order.
14 – FORCE MAJEURE
We are not liable for lengthening the delivery time or for fully or partially cancelling an agreement in case of force majeure, like for example : strikes, lockouts, accidents in the factory, delays in transportation, power failures, or inability to obtain labour or materials through our regular sources. Should this situation last more than 2 months, we reserve the right to cancel any order without being liable by giving notice in writing to the Customer.
15 – PROPERTY
According to the French law (Law 80-355 & 85-98), the goods remains property of MANUFACTURE EXPEDIT until they are fully paid by the Customer.
16 – JURISDICTION AND LAW
All actions and proceedings shall be maintained in the Court of Evry, France. All transactions with MANUFACTURE EXPEDIT shall be governed by the French laws.