GENERAL CONDITIONS OF SALES FOR END-USER
ADJ – L’ATELIER DES JUM’S
1 - APPLICATION OF GENERAL CONDITIONS OF SALES
These general conditions of sales are printed on the back of our order forms.
Upon placing an order, the customer acknowledges being aware of our general sales conditions.
These conditions take precedent over other conditions of purchase, unless specifically exempted or waivered by our company.
2 - ORDERS
All orders are final unless there is a written agreement from the company.
Orders will be accepted only upon receiving a 30% down payment of the total order price, except in the case of a financial proposition from our company.
3 – DELIVERY AND SHIPMENT
Delivery of the goods takes place either directly to the customer by a notice of availability or through a forwarder.
If delivery is postponed for any reason beyond our control, it will be considered as having been delivered on the agreed date.
An estimated delivery is given, and possible delays do not give the right to the purchaser to cancel a sale, to refuse the goods or to claim damages.
4 – RECEPTION
In case of defects or damage, any deterioration must be precisely stated on the documents of delivery and confirmed by registered letter with acknowledgement of receipt within three full days following the reception of the goods.
The existence of a guarantee does not change in anyway the terms of payment which must be paid on schedule.
5 – TERMS OF PAYMENT
The sales price of our products appears on the order form without taxes (Vat or custom taxes).
Payments for all of our goods are made according to the prices stipulated on the order form.
If our company has any particular or serious reason to fear difficulties of payment on behalf of the customer at the time or after placing an order, or if the customer does not present the same guarantees as at the time of the order, our company can modify acceptation of the order or demand immediate cash payment.
In case of the refusal by the customer for a cash payment, without sufficient guarantee being offered by the latter, our company will be able to refuse to honor the order and deliver the goods. The customer may not dispute an unjustified refusal of sale or expect any indemnities.
6 - PAYMENT: DELAY OR DEFECT – PENAL CLAUSE
Any delay of payment will result in the suspension of the orders without any other means of action. No discount is granted for a payment before shipment.
Any unpaid sum at maturity date, in accordance with the article L441-6 of the French trade code, and without prior demand the delay penalty will be at the rate of one and a half times the lawful rate of interest.
This rate is annual. These penalties are from the expiry date until payment, every month begun is owed in full. Under no circumstances will the customer be exempt from payment.
In case of outstanding debts or litigation of the claim at the date of expiry, unpaid sums are increased by a penalty of 20% notified by registered letter with acknowledgment of receipt within a delay of 15days without a prior court order.
This increase is applied as a penal clause in accordance with articles 1152, on 1226, 1229 and 2047 of the French Civil Code, to take into account the financial loss caused to our company and of expenses and debts.
7 - TRANSFER OF OWNERSHIP AND RISKS – CLAUSE OF RESERVATION OF OWNERSHIP
The transfer of ownership of our products is suspended until complete payment by the customer, in principal and accessories even in the case of having been granted a delay in payment.
Any change in a clause, especially in the general conditions of purchase is unwritten, in accordance with the dispositions of the article L621-122 of Commercial Law.
In the event there has been a request to open a procedure of receivership or liquidation of property, ongoing orders will automatically be cancelled, and our company reserves the right to demand the goods from the customer.
The present clause does not prevent that risks of the goods are transferred to the purchaser at the time of delivery. The latter is therefore responsible for the risk of damage which goods could entail for whatever reason.
As from delivery, the customer is the appointed agent and responsible for the security of the aforementioned goods.
8 - GUARANTEES
The guarantee of Dynabox or Mini Dynabox of labour and material is one year, the return to the manufacturer as from the date of delivery to the purchaser or from the departure date from the manufacturer when the transport is assured by the customer.
Other products, accessories and services sold by the company are not guaranteed as such. The guarantee does not apply in the following cases.
- Breakdowns or problems caused during misuse of the product.
- Poor use and failure to observe the constructor’s instructions
- Negligence, faulty or non respect of the installation stipulated in the origin of the goods
- Any damage resulting from fire, accident, water, lightening, and explosion or from misuse of the apparatus, a technical fault of the electrical supply system (excess voltage, etc…)
- Any damage caused by outside elements in the apparatus (foreign bodies, insects, rodents, etc…)
9 – END USE OF THE PRODUCT
Until an agreement is reached with a professional organization contacted by ADJ – L’ATELIER DES JUM’S, the obligations of removal and end use treatment of electrical and electronic equipment concerning this bill of sale or invoice will be dealt with the customer according to the decree n°2005-829 and its orders of application. If need be, ADJ – L’ATELIER DES JUM’S will be able to offer a solution for the customer for the end use treatment of the equipment.
10 – RIGHTS TO THE IMAGE AND THE INFORMATION
Our company is free to state its creations for the customer in its commercial references.
11 – COMPETENT JURISDICTION
Failing amicable agreement between parties, any litigation concerning interpretation, execution or payment of orders will be the competence of the court dealing with trade disputes of Macon unless than our company prefers to refer the case to the appropriate jurisdiction.