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Terms Of Sales: updated on (2013.11.18)

You are a Professional:
Général sales terms

I-The present general terms of sale define the rights and obligations of BAVOUX INDUSTRIES and its customers. They make failure with all contrary clauses formulated in an unspecified way except agreement express and written BAVOUX INDUSTRIES.

II-Purchase orders placed by the customers are known definitive: However BAVOUX INDUSTRIES commitment is in accordance with is the terms of its written approval.

III-The risks incurred or caused by the goods will be transferred in all the cases including at the time of the sale with reserve of property to the customers, ex-works of BAVOUX INDUSTRIES

IV-Lead time delivery is always provided as an indication. Any delay in the delivery will constitute neither a reason for resolution of the sale, nor a cause of attribution of damage.

V-It is up to the customers to check within four calendar days according to acknowledgment date, that the delivered goods correspond to those which one he ordered (characteristic, quantities, quality, conformity…) and free from latent defects or apparent. This time passed, no complaint will be allowed.

The exemption clause of responsibility for BAVOUX INDUSTRIES will be limited to the replacement or the complement of the goods not-in conformity, missing, defective or vitiated other than any other damage.

V-Any return of goods must be written authorised by BAVOUX INDUSTRIES.

VII. Invoices are due and payable to BAVOUX INDUSTRIES head office, terms of payment are “30 days end of the month” from invoicing date, by bank draft payment at customer charges. However, BAVOUX INDUSTRIES takes the right to require cash or advance payment.
The customer will be liable to a fixed penalty of € 40 for recovery costs, a penalty of an amount equivalent to that which would result from the application of a rate equal to three times the legal interest rate, this penalty can’t be less than the interest rate applied by the European Central Bank to its operation most recent refinancing, plus 10 percentage points.In this case, the rate during the first half of that year is the rate in effect on January 1st of that year.
For the second half of the year concerned, it is the rate in effect on July 1st of that year. Late penalties are due without any reminder.
In the event of spread out payments, the non-payment of only one due date invoice involves for BAVOUX INDUSTRIES the right to hold deliveries to come.
In the event of spread out delivery, the non-payment of only one due date invoice involves for BAVOUX INDUSTRIES the right hold deliveries to come.
In the event of bearing litigation on a delivery of goods customer avoids retaining the payment of the invoices of which it could be indebted, in particular related to the accused products.
The aforementioned invoices will consequently have to be honoured at due date.
The prices get along net of tax, ex-works, transport costs remaining except for provision expresses opposite, at customer expenses.
Property transfer of the sold goods will be operated only after the integral payment of the amount of the emitted invoice, in accordance with the legal tendencies relating to the application of the clause of property reserve. In the event of non-payment, the restitution of the goods, will be able to result either from an injunction sent by registered letter with marked reception, or of a contradictory inventory, or of a Usher summation, whom customer cannot conceal itself.

VIII-In the event of resale or goods transformation, customer commits himself to pay up to integral vendor invoice, whole or part of the credits which it holds on his own debtors, even if it means to warn those of the subrogation of credits agreed by him, on request of the vendor and this, with due competition of the value of the goods subjected property reserve.

IX-Any unjustified complaint relating in particular to nature, quality, the quantity or the conformity of the delivered goods will be subject by BAVOUX INDUSTRIES to complementary invoicing for general and administrative expenses equal to 25% from the sums to recover.

X-Any litigation or different resulting from above mentioned will be subjected, except for contrary legal tendencies, by the Tribunal de Commerce de Bourg en Bresse.

XI-Sales contracts are rules by the French legislation.



You are an Individual:

I. these General Conditions define the rights and obligations of BAVOUX INDUSTRIES and its clientele.
They failure has formulated any provisions contrary to any way except express agreement and writing of BAVOUX INDUSTRIES.

II. The orders issued by the Customer are deemed firm: n BAVOUX INDUSTRIES, however, held only by the terms of its written acceptance.

III. The risks incurred or caused by the goods will be transferred in all cases including in the sale of property with reservation to the Customer,
ex works BAVOUX INDUSTRIES.

IV. The delivery periods are always reputed beings provided for information only. Any delay in delivery will not constitute grounds for resolution of the sale,
nor a cause awarding damages and interest.

V. It is up to customers to check within four calendar days of receipt, the goods correspond to those which are DELIVERED been ordered
(characteristics, quantity, quality, compliance etc.) and free of hidden or visible defects. This period passes, no claims will be allowed.
The clause BAVOUX INDUSTRIES responsibility for exemption will be limited to the replacement or complement of non-conforming goods, missing,
or defective VITIATED al exclusion of any other prejudice.
 
VI. Any return of goods will be accepted in writing beforehand by BAVOUX INDUSTRIES.

VII. Invoices are payable at the BAVOUX INDUSTRIES seat, the ultimate settlement date being fixed at "30 days end of month 15" or "60 days net" billing
accepted by bill returned within 48 hours of receipt of the invoice by the customer and at its expense.
BAVOUX INDUSTRIES however reserves the possibility to demand a cash payment or advance.
In the assumption that the settlement would occur posteriorly on the date prescribed by the invoice, the customer will be liable to a penalty of an amount equivalent to that which would result
the application of a rate equal to one and half times the rate of legal interest, the penalty can not be less than the interest rate applied by the Central Bank to its Europeenne
The most recent refinancing operation, which should be added 7 percentage points.
In case of payment by installments, non-payment of a single maturity leads to BAVOUX INDUSTRIES entitled to retention on deliveries to come.
If delivery STAGES, non-payment of a single maturity leads to BAVOUX INDUSTRIES entitled to retention on deliveries to come.
The customer's prohibited in disputes relating to delivery of goods to withhold payment of invoices which it might be liable, in particular related to the incriminated products.
Such invoices shall, accordingly, be planned honorees al maturity.
S prices exclusive of taxes, ex factory, transportation charges remaining, unless expressly provided otherwise, to the customer.
 
VIII. The transfer of ownership of the goods sold will that operates after the payment in full of the amount of emitted bill, in accordance with the legal provisions relating
to the application of ownership of reserve clause.
In case of non payment, the return of goods, may result either from a formal notice addressed by registered letter with acknowledgment of receipt, either a joint inventory
either a summation of Usher, the client can not steal sy.

IX. Upon sale or processing of goods, the customer agrees to cede s until the payment integral of the seller bills, or all of the debts
that it holds its own debtors, even a notify them of the debts of subrogation granted by him, on request of the seller and this has caused competition
of the value of goods subject to property reserve.

X. Any claims unjustified including on the nature, quality, quantity, or the conformity of the goods delivered will be the object BAVOUX INDUSTRIES
of a complementary billing for administrative costs equal to 25% of the money was recovered.

XI. Any dispute arising or different hereof shall, unless otherwise provided information Terms, the Commercial Court Bourg en Bresse.
Sales contracts are governed by French law.


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