Extract from General terms and conditions
PRICES
The prices are set by reference to BOBET MATERIEL rates at the time of the conclusion of the contract and from Champagné, except where otherwise provided. BOBET MATERIEL reserves the right to unilaterally modify these prices in the event of a change of economic circumstances, general development of prices or competition, or their suppliers rate increase until the time of delivery.
DELIVERY
Unless otherwise agreed, the delivery shall be made ex factory (EXW Incoterms CCI 2000) at BOBET MATERIEL head office.
TRANSFER OF RISKS
BOBET MATERIEL has to bear all risks of loss or damage the products can undergo until the delivery of those products in compliance with the previous article (EXW Incoterms CCI 2000). From this moment, the risks the products might undergo or cause is transferred to the Customer. In all cases, the goods travel at the risk of the recipient who must check the state of these goods at their arrival. In the event of loss, damage or delay, it is up to the recipient or receiving agent to proceed with proper and adequate assessment, to justify any reservations they may have and, in general, to carry out any action that may be useful in preserving their right of redress and to confirm said reservations by registered letter, failing which no action in warranty can be taken against BOBET MATERIEL or its substitute carriers.
PRODUCTS
No product may be returned without our prior consent.
Ce retour devra s'effectuer dans les conditions de respect des règles de transport, ceux-ci restant à la charge de l'acheteur. En cas d'accord, les fournitures, les marchandises ou matériels seront crédités avec un abattement éventuel sur le montant facturé.
PAYMENT
The payment terms start from date to date. Any delay in payment shall without further notice carry late-payment interests, the deadline considered as formal notice. Interests will be calculated on the amounts due, on the basis of three times the legal interest rate.
As damages and interests, a penalty of 15% of the amount of the invoice with a minimum of 100 Euros shall be calculated.
RESERVATION CONCERNING OWNERSHIP
The goods shall remain the seller’s property until they are paid for in full. The payment includes the payment of the products, the costs of sale and the interests.
JURISDICTIONAL VENUE
In the absence of an amicable settlement of a dispute, the jurisdictional venue for any dispute arising in connection with the composition or execution of the order shall be the Commercial Court of the place of BOBET MATERIEL head office, even in the event of summary judgement, multiple defendants or warrantee proceedings. The law applicable is the French law excluding any international convention.