Generalities

 

These general terms and conditions apply to all our offers and orders received, whatever the general terms and conditions of the buyer. Any deviation from these terms and conditions will be subject to prior agreement with the seller. 

 

By the mere fact of placing an order, the buyer expressly acknowledges having read the general conditions of sale. The confirmation of sale which is sent by SACI to the customer takes the place of a sale contract. In case of disagreement on the terms of this contract, the customer must send SACI a written and motivated note within two working days following the date if this contract. If no written objection is received within two working days, no claim should be admissible on the part of the purchaser after dispatch of the goods in accordance with the terms of this contract, or upon unilateral and written cancellation by SACI within 7 working days of the date of this contract.

 

Reservation of title

We reserve the intellectual and material ownership of all studies and documents delivered and announced with the offer. They must be returned on request and may not be passed on to third parties or used in the case of incomplete data without our permission. SACI retains full ownership of the goods covered by the contract until full payment of the price in principal and accessories has been made.

 

Modification/Cancellation of order

 

Any modification of the contract requested by the customer is subject to the express acceptance of SACI.

The order expresses the customer’s irrevocable consent; therefore, it cannot be cancelled by the customer, unless SACI has given its express and prior agreement. In this case, the customer shall compensate SACI for all costs incurred (costs of specific equipment, study costs, labour and supply costs, tools) and for all direct and indirect consequences arising from this.

 

Manufacturer’s liability

 

The manufacturer’s liability is strictly limited to compliance with the customer’s specifications stipulated in the specifications. In the event of non-conformity, the manufacturer’s liability is limited to the replacement of the offending goods. In fact, the customer, acting as a “principal”, is in a position, due to its professional competence, in its speciality and according to the industrial design and production means at its disposal, to define its needs precisely. In the event of a complaint by the customer concerning the parts delivered, SACI reserves the right to examine them on site. Any request for sorting, additional control by the customer must be subject to a prior agreement.

 

Subcontracting

 

If SACI should, due to force majeure, call upon a subcontractor for all or part of the service ordered, it undertakes to inform the client beforehand. If the client refuses this subcontracting for reasons of confidentiality, the service provider reserves the right to modify or terminate the contract.

 

Delivery

 

Delivery shall be deemed to have taken place at the manufacturer’s works. The risk shall pass to the customer upon delivery. Delivery shall be made by notice of readiness for dispatch or, if the contract so provides, by handing over to a third party or to a carrier designated by the customer, or, if the contract so provides, by delivery to the customer’s works or warehouse. If the customer has initiated the transport and assumes the cost and responsibility for it, the customer shall bear all the financial consequences of a direct action by the carrier against the manufacturer.

 

Inspection of the products

 

The customer shall at its own expense and under its own responsibility check or have checked the conformity of the products with the terms of the order.

 

Force majeure

 

None of the parties to this contract may be held responsible for its delay or failure to perform any of its obligations under the contract if this delay or failure is the direct or indirect effect of a case of force majeure understood in a broader sense than French case law such as:

• Labour dispute, full or partial strike
• Operating accidents, machinery breakdown, explosion
• Armed conflict, war, conflict, attack
• Earthquake, storm, fire, flood etc.

 

Invoicing

 

Invoicing will be carried out in accordance with the invoicing conditions specified in the quotation or, if not otherwise specified, upon delivery of the final report.

 

Prices and payment

 

Our prices are exclusive of VAT. The due dates are binding. Terms of payment 30 days end of month.

In the event of non-payment, all sums, even those not yet due, shall become immediately payable. Supplies still to be delivered may only be delivered against cash payment.

In the event of non-payment of an invoice on its due date, default interest shall accrue at the conventional rate of 3% per month.

 

Penalty

 

No penalty can be charged to SACI until the invoices are paid.

 

Applicable law – language

 

The present general terms and conditions of sale and the operations resulting from them between the service provider and the client are governed by and subject to French law.

 

Acceptance by the client

The present general conditions of sale are expressly approved and accepted by the client, who declares and acknowledges having perfect knowledge of them, and thus renounces the right to take advantage of any contradictory document and his own general conditions of purchase, which will be unenforceable against the service provider, even if he has knowledge of them.

 

Disputes

 

In case of dispute, the commercial court of Cambrai is the only competent court.