Article 1 : VALIDITY
General conditions of sale for all sales or services performed by ACT IMPOR GROUP, sis 677 avenue de la republic 2nd floor 59800 Lille, registered with the Lille Trade and Companies Register under number 492 670 575, and All Its subsidiaries. Validating a quote or requesting an implicit order full and unreserved adherence to these General Terms and Conditions. Failure to expressly accept the part of ACT IMPOR GROUP, the Customer’s conditions of purchase are not available.
Article 2 : Price
Our prices are indicative only; The prices actually applied are those in force on the day of delivery. Except on quote issued and accepted. Unless otherwise stipulated in the terms of the acceptance of the order, the prices are always “DDP” according to the Incoterms 2010 of the International Chamber of Commerce. Our prices are net, excluding taxes. Any increase in duties, taxes, and stamps, subsequent to the conclusion of the order, shall be borne by the Purchaser, even in the case of sale “duty paid”.
Article 3 : TIME LIMITS
Delivery times are indicated as accurately as possible. Nevertheless, because of the particularities associated with the activities of ACT IMPOR GROUP, any excess time will not give rise to damages, withholding or cancellation of orders in progress, unless this is stipulated precisely on the quotations And or commands validated. Specially agreed delivery terms only run from the date of order confirmation. ACT IMPOR GROUP shall be released from all responsibility for delivery time in the following cases: breach of obligations by the Buyer, late transmission by the purchaser of the information and elements necessary for the execution of the order, force majeure or Any other cause leading to a total or partial shutdown of our factories or those of our suppliers, whatever the cause.
Article 4 : DELIVERY
Unless agreed otherwise with the buyer in acceptance of the order, the products are deemed to be delivered “DDP” (Incoterms 2010 of the International Chamber of Commerce) by the Seller. The products therefore travel at the buyer’s risk from the unloading of any transport vehicle to the agreed destination. It is therefore the responsibility of the consignee to take all measures in case of damage or missing to safeguard the rights of the parties vis-à-vis the carrier in accordance with the provisions of the CMR Convention (reserves at the time of delivery for apparent damage, Within 7 days for non-apparent damage). Failing this, the Customer will not be able to claim from ACT IMPOR GROUP any prejudice whatsoever for missing or damaged. In the case of special products, ACT IMPOR GROUP reserves the right to deliver ten percent (10%) more or less of the quantities ordered initially. The subsequent manufacture of a missing quantity may not be required. We reserve the possibility of partial deliveries staggered.
Article 5 : Contestation
The buyer is deemed to have received the products within three (3) working days from the date of delivery, excluding public holidays. After this period, the buyer will be deemed to have accepted any apparent defects presented by the product. Any complaint to be receivable, must be notified in writing within 5 days from the delivery date. Any return of merchandise requires our prior written agreement. After this period, ACT IMPOR GROUP can not accept a complaint concerning the quality of the products delivered. In order for a claim to be admissible, the Customer must also respect the provisions of Article 4 concerning the safeguarding of the rights of the parties vis-à-vis the carrier. No claims shall be accepted if the products have been processed or are generally no longer in the condition in which they were delivered, provided that the defect or defect in the manufacture Detected before the use or processing of the goods. In all cases, our obligation of guarantee is limited to the free replacement of the goods recognized defective by our company, with the exception of any other demand, in particular of direct or indirect damages.
Article 6 : OBLIGATIONS AND RESPONSIBILITIES
ACT IMPOR GROUP is subject to medium-term obligations in connection with these deliveries and sales. For technical reasons, a slight variation in color, size or finish can not be contested. In no event shall ACT IMPOR GROUP be held responsible for the deterioration, destruction, loss or theft of documents entrusted by the client for the performance of the work entrusted to him.
Article 7 : INTELLECTUAL PROPERTY
All the projects, models, tests, prototypes and recommendations established by ACT IMPOR GROUP remain its exclusive property, and can not be used without its express agreement. The placing of an order requesting the reproduction of an object benefiting from the laws on the artistic property implies, on the part of the customer, the necessity to justify the existence of a right of reproduction for his profit. In the case of works involving, in any form whatsoever, a creative activity within the meaning of the legislation on artistic property, the copyright arising from such creation shall remain the property of ACT IMPOR GROUP, unless otherwise stipulated that Would be indicated on other contractual documents (quotation or contract). The use of the works thus created is limited to the ACT IMPOR GROUP Client, and only for the destination stipulated in the contract.
Article 8 : PROPERTY RESERVATION CLAUSE
The company ACT IMPOR GROUP reserves the ownership of the goods delivered until their complete payment. Products delivered and not paid for may be claimed even in the case of collective proceedings. It is expressly agreed that the retention of title guarantee is carried over to products still in stock.
Article 9 : INVOICING AND PAYMENT
The invoicing and payment conditions are indicated on the quotes or contracts related to the services performed. Otherwise, invoicing is payable upon receipt. Any amount not paid at maturity shall automatically entail: – the obligation to pay penalties for late payment calculated on the sums due, without the need for a formal notice, corresponding to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. The penalties for delay are due without a recall being necessary-immediate repayment of the entire debt in the case of payment in installments- immediate payment of all invoices not yet due. Failure to pay an invoice within 8 days of the first challenge claim will result in the payment of compensation in the amount of 15% of the sums due, in addition to the aforementioned penalties for delay.
Article 10 : PLURALITY OF DOCUMENTS
In case of difficulty of interpretation or contradiction between the present Conditions and another contractual document (estimate, contract …), the application of the General Conditions will be rejected with regard to the point concerned only.
Any clauses contrary to those above inserted on the commercial papers of the customers will be considered null and void. Only the present conditions will govern the sales and services, even in the case of general conditions of purchase of customers contrary to that mentioned above.
Article 11 : ATTRIBUTIVE CLAUSE OF JURISDICTION
In case of dispute or dispute, only the courts of LILLE will be competent, even in case of call of guarantee or of multiple defendants.