ORDER FORM
The seller is only liable to the buyer for commitments made with the buyer in the text of these conditions of sale. In particular, he cannot be held responsible for commitments made by his agents to the buyer outside the said conditions of sale.
Any production or purchase will only be launched after formal acceptance of the quotation by the Customer.
1.1 Order modification and cancellation
Orders may only be cancelled or modified within 24 hours of receipt and with the Supplier’s express agreement.
Any request for cancellation or modification of order(s) must be made in writing by the Customer and formally accepted by the Supplier.
In the event of an order modification accepted by the Supplier, new delivery times and prices will be communicated to the Customer.
In the event of cancellation of the order by the purchaser, for any reason whatsoever, OberA shall be entitled to compensation for the costs incurred.
This compensation will be at least as follows:
– 20% of the total amount of the order in the event of cancellation between 0 and 5 calendar days
– 30% of the total amount of the order in the event of cancellation between 6 and 10 calendar days
– 80% of the total amount of the order in the event of cancellation more than 10 calendar days
-100% of the total amount of the order in the event of cancellation after the goods have already been delivered
DELIVERY
2.1 Delivery costs
Delivery costs are specified in the offer made to the Customer.
2.2 Receipt of goods
When taking possession of the packages, the customer must check them in the presence of the carrier. Even if the packaging appears to be intact, if there is any damage, shortage or substitution, this must be noted on the carrier’s delivery note, and these reservations must be confirmed by the customer within three days of receipt, by registered letter addressed to the carrier (art. L133-3 of the French Commercial Code). It is the Customer’s responsibility to exercise recourse against the carrier in the event of shortages, damage or delays, while providing OBERA with information concerning the damage noted and the documents justifying the reserves/recourse.
2.3 Delivery times
The delivery time indicated on the order acknowledgement is indicative. Non-compliance with indicative delivery times may therefore under no circumstances give rise to the payment of penalties for late delivery, damages, or cancellation of the order.
In the event of force majeure (strikes, unrest, war, etc.), the Supplier is automatically released from its obligations: any claim for damages will therefore be inadmissible.
2.4 Material return
Products may be returned only with our prior written consent. In all cases, returns of spare parts, accessories or products that have been used or no longer have their original packaging will be refused. Return shipping costs are at the customer’s expense. For all returns or returns at the customer’s request and after acceptance by OberA, a deduction of 20% is applied for handling costs.
2.5 Return of equipment following the provision of rental or test equipment
At the end of the test or rental period, the equipment must be returned to OBERA. It is the hirer’s responsibility to keep the equipment clean and undamaged. In this respect, the hirer must return the equipment clean and in perfect condition. All equipment made available to the hirer must be returned in its original packaging or in equivalent packaging: always on a pallet, protected, filmed, strapped/strapped, wedged.
PAYMENTS
3.1. Payment terms
Invoices are drawn up at the rate in force on the day of delivery of the equipment and are payable within 30 days net from the date of delivery, unless otherwise agreed between the Supplier and the Customer and specified on the order acknowledgement. Payment is deemed to have been made on the date on which the funds are made available by the Customer to the beneficiary or his subrogate.
No discount will be granted for early payment.
The terms of payment agreed with the Customer may not be delayed under any circumstances. In the event of non-payment on one of the due dates of sale, assignment, pledging or incorporation of its business or equipment by the Customer, all sums due by the latter shall become immediately payable by operation of law. In such a case, the Supplier reserves the right to suspend the execution of any orders received.
3.2. Late payment penalties and collection costs
Without prior reminder or formal notice, any sum not paid on the due date will be automatically increased by the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 20 percentage points (Article L.441-6 of the French Commercial Code).
In addition to these penalties, the Customer in default of payment will automatically owe the Supplier a flat-rate indemnity for collection costs of €40 (decree no. 2012-1115 of October 02, 2012). The Supplier may request additional compensation, upon justification, in the event of collection costs in excess of the aforementioned fixed amount.
3.3. Partial payment and dispute
In the event of a dispute between the Supplier and the Customer concerning an item on the invoice, the Customer undertakes to pay the Supplier the entire amount of the invoice not in dispute.
3.4. Penalties set by the Customer
The payment of penalties set unilaterally by the Customer may not be claimed from the Supplier without its prior express agreement to the terms and conditions of said penalties.
3.5. Compensation
The customer is prohibited from offsetting receivables.
3.6. No holdback.
The Customer shall refrain from using a holdback, whatever the percentage. All equipment sold by the Supplier is covered by a legal or conventional warranty (cf. Article 8). Consequently, in the event of contradictory and clearly established liability on the part of the Supplier, the warranty will apply by operation of law.
GUARANTEE
The warranty covers parts only (unless otherwise specified). It applies from the date of delivery for a period of 6 months or 1 year, depending on the product. (See special conditions) and includes the replacement of any part recognized as defective by the seller. The cost of postage, labor and travel (if specified in the special conditions), associated with the replacement of any part found to be defective, may only be paid under the warranty after the offending parts have been sent to the seller for examination, and only if
This warranty does not apply to damage caused by failure to maintain the equipment (lubrication, cleaning, etc.). The warranty does not cover operating faults or deterioration of equipment due to causes unrelated to the manufacture of the equipment itself. (Example: energy, fluids, conditions of the general installations of the building or place of use, whether or not the connection has been made by the seller).
Intervention on the machine by anyone other than the seller’s technical staff during the warranty period immediately terminates the warranty.
RETENTION OF TITLE
By express agreement, the goods delivered shall remain the exclusive property of the Supplier until full payment of the price by the Customer. The submission of bills of exchange or other securities creating an obligation to pay does not constitute payment. The Customer is authorized to use or resell the goods delivered. This authorization, which is essentially precarious, will be revoked automatically and without formality in the event of non-payment of any due date.
In the event of failure to pay for the goods in full, the Supplier may, by simple registered letter, give formal notice to the Customer to return the goods at the latter’s expense, risk and peril within a period of forty-eight hours. In the event that this formal notice remains unsuccessful, the Supplier shall be entitled to physically repossess the goods sold at the Customer’s expense. In addition, the Customer shall be liable for late payment penalties as provided for by law, as well as any damages.
In the event of the customer’s receivership or liquidation, the Supplier may reclaim the goods delivered within the period and according to the terms and conditions provided for by law.
APPLICABLE LAW AND JURISDICTION
Contractual relations between the Supplier and the Customer are governed by French law.
In the event of any dispute relating to a service, an order, a supply or payment, even if the latter has been the subject of the creation of bills of exchange (drafts), as well as to the interpretation or execution of the above clauses and conditions, the Commercial Court of Strasbourg shall have sole jurisdiction, regardless of the place of delivery, the accepted method of payment, and even in the event of a warranty claim or plurality of defendants. By this clause, the Supplier and Customer waive any other jurisdiction clause that may exist in any other of their commercial documents.
All orders automatically imply the customer’s unreserved acceptance of these terms and conditions.