The fact of placing an order implies the formal acceptance and without reserve of our general conditions of sale which prevail, in any hypothesis on the contrary provisions emanating from the purchaser; any non-compatible stipulation, appearing on the document of this last being presumed revoked by the contract which would bind it to us, except if it is the subject of a preliminary written and signed agreement.
In case of cancellation of the order by the buyer, the deposit paid will remain with CHAUVIN-MECAGRAPHIC SARL as compensation.
All our prices are exclusive of tax, ex our workshops or possibly those of approved distributors or subcontractors.
Our goods are invoiced at the rates indicated on the order, unless subsequently modified by both parties, VAT being paid on debit.
The delivery times indicated on our price offers and order confirmations are given as an indication only, without any commitment on our part; possible delays do not give the buyer the right to cancel the sale, to refuse the goods or to claim damages. CHAUVIN-MECAGRAPHIC SARL is released from the obligation of delivery for all fortuitous cases and force majeure or events such as total or partial strikes or lock-outs at our manufacturers, war, flooding, interruption or delay in transport or customs, lack of fuel, etc. This enumeration is only indicative and not limitative.
4- Transfer of risk - Liability
The shipment is deemed to have been made as soon as the goods leave our workshops, i.e. as soon as they are taken over by the customer or the carrier. It therefore travels at the recipient's risk, whatever the mode of transport or the negotiated terms of payment of the transport price (carriage paid or carriage forward); the recipient must therefore carry out all necessary checks, issue reservations on receipt, and exercise any recourse against the carrier if necessary.
5- Receipt of goods
All our shipments of goods are normally covered by the carrier's insurance. The customer is therefore requested to look at the condition of the package or goods on arrival and make the usual legal reservations if necessary. In case of complaint, it is important to formulate precise and characterized reserves (opened or torn parcel, number of parts received and not missing, traces of shocks, overturned parcel or pallet, damaged painting, list of damaged parts...). Knowing that formulas such as "subject to unpacking, counting or breakage ..." are not legally acceptable. All these reservations must be confirmed within 48 hours of receiving the goods, by registered letter with acknowledgement of receipt to the carrier. A copy of this letter must be sent to us.
Attention: Registered letters that have not been the subject of prior reservations on the delivery receipt cannot be taken into account. The customer must therefore be particularly vigilant, as insurers are intransigent in this matter.
Payment terms: Our goods (industrial consumables, machine parts, articles and components manufactured in our workshops, tools and accessories) are payable according to the due date indicated on the invoices, by cheque, transfer or bank credit. Manufactured parts and machines are subject to a deposit of 25% required at the time of order (see chapter 1 above). Professional training services, if they are not invoiced directly to an OPCA, must be paid by cheque or bank transfer at the end of the said service and on presentation of the attendance sheet duly completed and signed by the trainees for whom the training service was provided.
Discount for payment: We do not grant a discount for early payment.
Late payment penalties: Any invoice not paid within the time limit will be increased by 1.5% per month from the first month, after sending a formal notice by registered letter with acknowledgement of receipt. In addition, a penalty clause of 10% may be applied for contentious recovery. A fixed indemnity of 40€ for collection costs will be applied in case of late payment. Concerning the machines, a suspension of the guarantee and technical support will be systematically pronounced from the 3rd month of late payment, and notified to the creditor by registered letter + AR.
7- Retention of title clause
In accordance with the terms of the law N°85-98 of January 25, 1985, we reserve the property of the goods sold until the effective payment of the entire price in principal and accessories. The delivery of a title creating an obligation to pay in the future (draft or other) does not constitute payment in the sense of this clause. Failure to pay all or part of a single monthly payment will automatically result in CHAUVIN-MECAGRAPHIC SARL taking back the equipment. The above provisions do not prevent the transfer to the buyer of the risks of loss or deterioration of the goods as well as the damage that it could cause. This clause is accepted at the time of the order with extension of damages in case of return of the material having undergone degradations during the setting in service.
Machines : The warranty on new machines sold by CHAUVIN-MECAGRAPHIC SARL is limited to the replacement or supply of manufacturer's parts within the limit of that applied by our manufacturers. The duration of this warranty is generally established at two (2) years. The costs of labour, travel and accommodation are not covered by the guarantee unless otherwise stipulated, and remain the responsibility of the customer. In no case can our responsibility be substituted for that of the manufacturer for defects or manufacturing faults and their possible consequences.
Manufactured parts : The guarantee is limited to manufacturing defects not detected in our workshops (material cracks, oxidation, non-conforming aspect, dimensional tolerance not respected). In this case, the parts will be taken back and exchanged after issuance of a credit note corresponding to the amount invoiced, excluding shipping and handling costs, and after receipt of a control report from the customer mentioning and justifying the non-conformity. In the case of gears and transmissions, no guarantee is valid and no claim or request for replacement can be granted since the parts manufactured by us are intended for competition, and therefore subject to non-standard mechanical constraints and very specific endurance tests.
9- Compliance - Visit
All new machines are delivered with a CE certificate of conformity issued by the manufacturer.
Second-hand machines are delivered with a CE self-certification, in accordance with the regulations in force. Any request for additional verification by an organization will be made in our premises before delivery of the equipment; this additional control will be invoiced. After delivery to the user, for any notification of additional protection, the inspector must justify very precisely in his report the standard to which he refers. These modifications will be charged to the customer.
10- Jurisdiction clause
In case of dispute relating to the execution of a sales contract, payment of the price, interpretation or execution of the clauses and conditions above, the Commercial Court of Lons le Saunier will have sole jurisdiction, regardless of the place of delivery, even in the case of appeal for guarantee or plurality of defenders.