General terms and conditions of sale
Article 1 – ORDERS
Orders sent to INDUSTRIE BOIS ROUSSEAU only become final once they have been confirmed in writing. Confirmation of an order implies acceptance by the purchaser of the general terms and conditions of sale of INDUSTRIE BOIS ROUSSEAU. Unless otherwise agreed in writing, any modification or cancellation of an order requested by the purchaser can only be taken into consideration if it is received in writing before the products are manufactured.
Article 2 – DELIVERY
Delivery is made in accordance with the order, either by direct handover of the product to the buyer, or by simple notice of availability, or by delivery to a shipper or carrier on the seller’s premises. Unless expressly agreed, delays in delivery cannot give rise to compensation or cancellation of the order, particularly in the following cases: – The terms of payment have not been observed. – Force majeure or an event that delays or suspends delivery of the goods. The following are considered to be cases of force majeure that relieve the seller of its obligation to deliver: war, riot, fire, strikes and accidents. The buyer will be kept informed, in good time, of the cases and events listed above. Our supplies, even if agreed carriage paid, travel at the risk of the consignee, who is responsible, in the event of damage or loss, for making any reservations and taking any action against the carriers, who are solely responsible. The customer shall have the right to accept the supplies at the time of delivery. At that point, it is up to the customer to take full responsibility for it, once it has been checked. Complaints concerning the quality of the goods, excluding any transport dispute, must be made in writing within 8 days of delivery. No goods may be returned without our written consent, which consent does not imply any recognition. If the goods are delivered on EUROPE pallets, the freight forwarder is authorised to invoice the buyer for these if they are not returned.
Article 3 – SALE PRICE
Our prices are ex works. Transport costs shall be borne by the buyer, unless expressly stated in our price list or waived in writing in the order confirmation. Prices are inclusive of value added tax at the statutory rate.
3.1. Period of validity of our price lists
Price lists are subject to change at any time, in particular as a result of variations in our suppliers’ prices.
3.2. Period of validity of our quotes
The offer is valid for one month, unless expressly stated otherwise on the quotation.
3.3. Changes to our suppliers’ prices
Our suppliers’ prices are subject to change at any time. Our prices may therefore be updated and revised in accordance with the provisions below. In the event of an event beyond the control of the parties compromising the balance of the contract to such an extent as to render the performance of its obligations prejudicial to one of the parties, the parties agree to negotiate a modification to the contract in good faith. These events include changes in the price of raw materials, changes in customs duties, changes in exchange rates and changes in legislation. If no agreement is reached, the parties shall apply for conciliation to the President of the competent Commercial Court acting as arbitrator.
Article 4 – PAYMENT
Our invoices are payable to Dussac in cash or by bill of exchange, subject to prior agreement. Discounts or payment terms are only granted if they are expressly indicated on the invoice or order confirmation and subject to payment guarantees or credit insurance cover; failing this, prior payment for the products is required. Any sum not paid by the due date will incur late payment penalties of 3 times the legal interest rate, in accordance with the French Commercial Code (Art L.441-10). Any deterioration in payment guarantees or credit insurance cover prior to delivery or scheduled payment for the goods entitles us to demand payment in advance prior to delivery or to withdraw from the contract. Failure to pay a single invoice by the due date automatically renders the balance of all other invoices payable. Similarly, any professional who is late in making a payment is automatically liable for a fixed indemnity for collection costs of €40 (article L. 441-6 of the French Commercial Code). In the event of an extension of the drafts, the costs and interest resulting from this extension will be payable by the buyer. In the event of a dispute, the courts of Périgueux shall have sole jurisdiction. In the event of non-payment, the seller may terminate the sale automatically and without notice by sending a simple registered letter.
Article 5 – PROPERTY CLAUSE
The seller reserves ownership of the goods until full payment has been received. The risks are borne by the buyer. Any deposits paid may be retained to cover any losses on resale.
Article 6 – COMPLIANCE Agency for Ecological Transition (ADEME)
In accordance with Article 62 of the “anti-waste for the circular economy” law (AGEC law) adopted on 10 February 2020, here is our Unique identifier: “FR21545_01HHQD”