|
1 - Every order implies that the client accepts the conditions
mentionned below. Therefore, no opposite clause can be set against
CUIVRINOX unless otherwise stated.
2 - The researches, plans, drawings and documents given or sent
to a customer remain our sole property. Therefore, they cannot be
used by or communicated to a third party for fear of prosecution.
3 - Unless otherwise stated, our offers and quotations shall only
remain valid for a month following its receipt. Orders must be written
and must include the client's signature and his seal. The contract
will be considered concluded as soon as the client receives a CUIVRINOX
order confirmation.
4 - Our prices are based on the economical conditions in effect
at the time when the order was accepted. Prices are Ex-works, standard
packaging included.
Unless otherwise stated, payment will be made in accepted draft
thirty (30) days end of month after delivery. However, as long as
the client has not opened an account, 30% of the total amount will
be due by cheque at the time of the order. The balance will be paid
in cash when the goods are delivered. As for international orders,
full payment via wire transfer will be required prior to shipment.
5 - According to this article, only the payment at the agreed
expiration date constitutes a payment but not the mere handing over
of a bill of exchange or a cheque.
6 - In case of an overdue payment or late return draft, for whatever
the reason, CUIVRINOX reserves the right to stop any current or
future orders.
In accordance with Act 1153 of the Civil Code, any sum unpaid when
due gives rise (by rights and without warning) to the payment of
10% interest plus 1,5% additional surchage every month. Those interests
will accrue from the expiration date to the total payment.
When necessary, collection charges and legal fees will be added.
7 - In accordance with Act 1226 of the Civil Code, any sum unpaid
when due will give rise to a surcharge of 15 % as a penalty clause.
8 - Our delivery dates are non-binding, given for information only,
considering the fact that deliveries take place according to the
availabilities at the time of your order (the first orders having
priority). A delay cannot be a reason for the refusal of goods or
for the claiming of a compensation.
Besides, CUIVRINOX will be freed from its delay's commitment if
the terms of payment agreed upon were not respected or for any reason
beyond its control.
9 - Delivery will be made either by directly handing over the goods
to the client in our warehouse or by a direct delivery from CUIVRINOX
or by a carrier.
10 - Since all our products are shipped Ex-works, they travel at
the client's own risk. In case of damage or missing parts, the client
shall notify the carrier by registered mail with an aknowledgement
of receipt within three (3) days of delivery. It is the same for
free of charge deliveries.
11 - On top of the dispositions to take towards the carrier at
the delivery, any complaints on visible defects or the non-compliance
with the goods ordered and/or the consignment form shall be notified
in writing within eight (8) days of delivery, the client having
to justify the true nature of his complaint.
12 - The return of goods must be the subject of a mutual agreement
between CUIVRINOX and the client. Any goods returned without this
agreement will not give rise to a refund. No return shall be accepted
ten (10) days after delivery.
13 - Orders are manufactured in accordance with the standards used
by CUIVRINOX and the tolerances in use as for quality. As a professional,
the client is supposed to accept those standards at the time of
his order. It is the responsability of the client to tell CUIVRINOX
if a special quality is required, orders being manufactured - unless
otherwise specified - without considering what they have been designed
for.
14 - The sale of the whole of CUIVRINOX goods contains a reserve
of ownership clause in accordance with Act 121 of the Civil Code
dated 25/01/1985. Therefore, the transfer of ownership of the goods
to the client shall be suspended until the total amount of the goods
has been paid.
15 - The registered address of CUIVRINOX is that of its head office.
In case of dispute, for whatever the reason, the appropriate Commercial
Court will be the one closest to the head office.
This competence clause applies notwithstanding all contradictory
clauses included in our clients' commercial conditions. Photos and
plans are non contractual.
CUIVRINOX reserves the right to modify its manufactured goods
without notice.
|