General Terms and Conditions of Sale (GTC)
All orders are subject to our express acceptance. This is only possible with a written confirmation from our head-office.
This confirmation and the present general conditions of sale make the law of the parties, to the exclusion of any other document issued by the purchaser.
An order concerning non-standard products or cuts will be the subject of systematic down payment to us at the time of the order.
Delivery times given are done so only as an indication.
Any delays may not give rise to the termination of the contract or to damages, unless otherwise agreed upon by our head-office.
Failure to pay a single invoice when due, or non return of draft accceptance within eight days after delivery, automatically entails the forfeiture of the terms and the immediate payment of all our outstanding invoices or drafts. In case of non-compliance with the settlement date, the penalty incurred will be calculated with an interest rate equal to one and a half times the rate of the legal interest. In the event of early payment, the discount will be calculated according to the TBB in force when the billing is made, except for disbursements, in proportion to the anticipation.
Any goods delivered remain our property until full payment of the invoiced price plus any accessories, costs and interest.
Notwithstanding the preceding provisions, all risks are transferred to the buyer as soon as the goods are available in our stock.
As a result, goods always travel at the risk and peril of the buyer, except for his recourse against the transporter, regardless of the shipping method and even if sold franco.
It is up to the buyer to insure accordingly, against accidents that could occur to the goods or caused by them and to justify this on a first request.
Without prejudice to the provisions of Article 105 of the Commercial Code, the buyer is obliged to check the goods within eight days of delivery.
After this period, the goods are deemed definitively approved so that no claim is no longer admissible.
The same applies if, before the expiry of the period of eight days, all or part of the goods have been the subject of any modification or claim.
Our guarantee for hidden defect is limited in any case to the pure and simple replacement of the recognized defective goods, to the exclusion of any damage-interests for any reason whatsoever.
QUANTITY TOLERANCES ON THERMOFORMED PARTS
The quantity that can be delivered and invoiced, plus or minus the quantity ordered, is 5% according to the practices in force in our profession.
PLACE OF JURISDICTION
Any dispute relating to the execution or interpretation of the contract is the exclusive jurisdiction of the courts of Mulhouse (68), regardless of the method of payment agreed and even in case of plurality of defenders or warranty.
Any dispute with foreigner customers is subject, by express agreement, to the French law which is only law applicable to the contract.
ADEQUACY OF PRODUCTS. TIPS AND LIMITS OF LIABILITY
The products and materials are conceived according to the order and / or the specifications established by the customer and expressly accepted by PLASTRANCE.
The buyer is solely responsible for the design, processing, realization of all products that it manufactures by incorporating elements provided by PLASTRANCE.
It is up to the buyer alone to carry out on the products sold by PLASTRANCE the tests, tests, analyzes, compatibility researches, adequacy, etc. under the conditions of actual use.
The PLASTRANCE company does not have any implied or express guarantee as to the adaptability or the compatibility of the products with the use made by the purchaser.
The documentation and technical advice that may be provided are for information purposes only.