General Conditions for Supply
Unless specifically agreed in writing, all orders automatically imply the acceptance in full on the part of the purchaser of our general conditions for supply.
1. Foreword
The purpose of our general conditions for supply is to define the rights and obligations of the supplier and of the customer relating to the supply of goods, services and glazing products. They cancel and replace all prior provisions and may be modified without prior warning. They are applicable in full and without reserve, unless agreed in writing by the supplier, from the time the customer places the order. They take precedence over the customer's general purchasing conditions. All clauses are material in nature and are inseparable from each other.2. Commitment
Orders are deemed to be accepted from customers through the issue of an order acknowledgement ('accusé de réception de commandes' -ARC) Catalogues, technical and advertising documents are not contractual in nature and cannot be considered to form a firm offer. Our quotations are valid for a period of one month from the date that they are issued and can only be regarded as a commitment once the supplier receives a written confirmation.The supplier gives a commitment to produce products within tolerances which fall within professional standards and norms.
3. Price
Confirmation of the order means acceptance of our prices, given in Euros. Unless specifically agreed our prices represent ex-factory prices and are exclusive of taxes. Consequently all costs associated with transportation, customs and insurance are the customer's responsibility. In the event of a delivery which is postponed at the customer's request, invoices for storage costs may be issued. After a period of 30 days has elapsed, we reserve the right to issue an invoice for the goods.For the purpose of invoices for volumes which are measured in m2, dimensions are determined to the nearest centimetre, with all fractions of centimetres being rounded up to the next greater centimetre. Depending on the products and unless agreed on our part, a minimum area for invoicing will be applicable: for single glass the invoicing minimum is 0.35m2 and for laminated, toughened, enamelled glass and for insulating glazing units the minimum is 0.45m2. These minimum values vary according to trading activities. In this event reference should be made to the quotation or agreed tariff. For shaped volumes the area to be taken into consideration is that of the delimiting square or rectangle. Depending on the complexity of the shapes involved, a rigid template may be requested from the client, which will result in a supplement for handling of the template which is shown on the tariff.
From the 1 November 2004, an additional surcharge associated with energy use is applicable to all glazing products. It is index-linked to the market price of crude oil (IPE BRENT) The customer will have received a letter sent separately explaining this measure. This surcharge is shown on the bottom line of the order and is invoiced in accordance with a table supplied to the customer. An invoice is drawn up for each delivery on dispatch of the goods from the factory.
4. Orders
Customers may place their orders with us by various means: fax, e-mail, EDI, or orders placed with representatives. Orders are only valid and will only represent a commitment on our part once an acknowledgement of the order has been issued which states the price to be invoiced and the date of dispatch. In terms of the energy surcharge, however, the supplier reserves the right to apply the price that is valid on the date of delivery.Once the customer has received the ARC, the sale is considered to be firm, irrevocable and may no longer be cancelled.
5. Packaging / Accessories & Equipment
Our packaging and accessories and equipment are to be used solely for the transportation of our glass products. We alone may transport these using our own lorries or by chartered freight, unless specifically agreed otherwise in writing. In the event of the contrary taking place we will accept no responsibility for non-compliant transportation. Any other form of use of our accessories or equipment is strictly prohibited.Once the goods and the accessories and equipment supporting the goods have been delivered to the customer, a transfer of responsibility takes place relating both to the goods and to the accessories and equipment, so that the seller cannot be held responsible on the basis of article 1384 paragraph 1 of the Civil Code for any type of damage caused by the accessories and equipment. The customer agrees to stock and then return to the seller all supports/accessories and equipment used for transportation of their goods within a period of 30 days dating from the signature of the delivery note. Throughout the period of storage of the accessories and equipment the customer agrees to use the accessories and equipment in accordance with accepted practices. In the event of the contrary taking place the supplier will be fully entitled to automatically invoice the customer. We will not agree to the replacement of our accessories and equipment by others. So-called "one-trip" disposable packaging must not be re-used. So-called "re-usable" packaging and accessories and equipment remain the property of the supplier and are therefore non-distrainable. The custodian must inform any third party, and any ministerial official called upon to arrange seizure, of this situation.
In the event of delivery onto sites, invoices may be issued for deliveries to, storage on and recovery of accessories and equipment from sites.
It is possible for customers to purchase accessories and equipment stored on their premises. The price is to be determined depending on their degree of depreciation.
6. Delivery
The requested delivery times are indicative in character. Any delays that occur do not give the purchaser any right to cancel the sale or to claim damages.We cannot be held responsible for any delay in delivery under the following conditions: the agreed conditions for settlement of invoiced have not been complied with, the information required for completion of orders did not reach us in time, our suppliers were late, there was a breakage during the various transfer stages, the customer cancelled or modified their order whilst it was in production, chance 'force majeur' events (floods, fires, strikes, loss, damage, theft, manifest risk of war or attack etc.) occurred.
Collections must be made during the organisation's business hours.
Deliveries will be made in accordance with the regular delivery rounds that we arrange, to the gates of the customer's address. The latter are then responsible for transportation and unloading, which must be carried out using appropriate means (suitable equipment, qualified staff) within the shortest possible time after arrival of the lorry. Our staff and lorries must not be kept waiting beyond a reasonable period of time. In the event of the contrary taking place, an invoice will be issued for the additional time and for re-delivery of the same product that was not unloaded.
We are able to undertake deliveries onto sites if there is easy and hazard-free access. An invoice may be issued for this service.
7. Responsibility and Warranty
All claims must be made by recorded delivery letter with acknowledgement of receipt within the two days following delivery. In the event of hidden defects, the customer has three months from the appearance of these in which to initiate an action. No claims can be accepted beyond these times.In the event of obvious defects the supplier cannot be held responsible in the event of the product being used. The supplier only agrees to provide an identical replacement of volumes acknowledged by them as being non-conforming after recovery of the disputed products, returned carriage paid or as part of our normal delivery round within eight working days, without any indemnity for fitment, removal, storage charges, penalties or other damages resulting from any delay. If this time is exceeded the supplier reserves the right to refuse the return.
The supplier cannot be held responsible for indirect damage or for damage resulting from use of their products which does not conform to normal practice, which does not comply with fitting instructions or with the D.T.Us that are in force, or for any cracks or damage resulting from incorrect handling, defective conditions of transportation or storage which do not comply with our conditions for maintenance or handling, or for use of the products in conditions which are physically or chemically unfavourable. The long term maintenance of performance levels of our products, which are manufactured in accordance with the latest available techniques, relies on our conditions of maintenance and use being observed, and on the working life of the various components associated with the glass. The colour shades of products may vary slightly depending on fabrication and on ageing over time. Consequently the supplier cannot guarantee the same colour shades between one delivery and another. Furthermore, samples are only provided as an indication of the final appearance of the product.
In the event of changes to the customer's legal or financial situation, the supplier reserves the right to demand guarantees in order to complete an order, even once this order has been partly completed. Allowing for the risks that it offers, contract work is always undertaken at the customer's own perils and risk, with no responsibility or obligation to make replacements on the part of the supplier. The supplier reserves the right to refuse to take into their care glass or other products which belong to a third party.
8. Payment and retention of title
The transfer of title from the supplier to the customer will only take place after payment in full for the goods has been made. The transfer of risks and responsibility for the goods are made to the client as soon as the goods are accepted during delivery or collection.Unless otherwise specifically stated in conditions shown on our invoices, our prices relate to net payment on delivery.
Down-payments made when the order is placed or during manufacture are fully binding on the customer. Consequently if the customer fails to continue with the completion of their order or fails to withdraw it within an agreed period, the contract is considered to be cancelled in full and down-payments made are regarded as being acquired as compensation.
All bills for acceptance must be returned at the latest within 8 working days following their receipt.
In the event of total or partial non-payment, damages for delayed payment will be applied on the basis of one-and-a-half times the rates of interest in force at the date of non-payment for the period between the initially envisaged date of payment and that of the actual payment (Law 01-240 of 15 May 2001 and L-441-6 of the new commercial code (Nouveau Code de Commerce).
All amounts become payable without prior notification if one of the instalments is not paid or if a bill is refused. This breach immediately results in any contract that is progress between the customer and supplier becoming null and void with no obligation on the part of the latter.