MODELS: With the aim of improving the quality of our equipment, we reserve the right to give modification to the extent we deem appropriate, without the obligation of applying this modification to the installed equipment or in order
PRICE: On account of the economics fluctuations which can happen before the order execution, all prices are the same as the delivery moment.
ORDER: The order takes effects for the delivery just after the customer’s written confirmation. Any special equipment order should be the subject of a pro forma invoice whose 30% will deposit at the order, paid to the seller, who will not accept eventual cancellation depending on the manufacture state.
DELIVERY DATE: Our delivery date is approximate and gives as a guide, its meant by the provision in the shop and continue at the date of the order confirmation or by the reception of the order deposit if required. Unless otherwise accepted withdrawal by us and by writing, no lateness compensation can be claim and no fee can be required.
Strikes, lock-out, epidemic, fire, floods, transportation interruption, machinery, and tools breakdown or any other causes which generate short-time or total working in our society or our supplier factories which are considered a case of force majeure generates the delivery suspension prolonging the agreed delay. Furthermore, we are exempt by right from all delivery delay commitment in the event of the payment terms are not observed. In the event of partial delivery, all split expedition although our fact is the subject of an invoicing and corresponding payment for the delivered equipment .
DELIVERY CONDITION: Our prices are for made available equipment. Except for opposite instruction, our equipment is shipped freight collect, depending on the delivery type what we deem the most appropriate. In every instance our equipment, even though they are sent Franco, travel at the recipient’s risk which should be, after the arrival control, give an exercise if there has been, his remedy against the responsible transporter.
All customs operations, handling, to bring and linked are responsible for, at the recipient’s risk.
PAYMENT TERMS: Our invoices shall be payable at Tardets, except special convention, our products are payable in cash, the equipment is provided at the shop. When the references give an account opening, the conditions are those explain on our offer. Il the event of non-payment at the due date, the monies owed will bear an interest of rate 1, 5% per months of lateness without formal notice and without affecting the requirement.
In the event that the debtors fail to cause us to entrust monies owed to a collection agency, these will increase, additional of the cited interests (previous item) a fixed compensation at 10% of these amounts. This increase is established as a penalty clause, in accordance with articles 1226 and 1152 of the civil code.
COMPLAINT: Complaints with reference to our supplies have to, for consideration, be notified to us by registered letter.
- Within 8 days following the equipment reception concerning the accuracy of the number
- Within 15 days following the equipment reception concerning visible defects. It is up to the buyer to supply all the justifications as for the reality of the defects or anomalies noticed.
No return will be made without our preliminary permission and the returned materials will send a postage paid according to our indications
That return doesn’t dispense the buyer by the obligation to pay the current receipt only our assets, if available, are credited.
GUARANTEE: EDAMS commits to replace or repair defective products, over a period of guarantee of one year where the starting point will be the release date of the shops.
However, it is well understood that excluded from the scope of the present guarantee materials which aren’t diffused under the exclusive responsibility of the society EDAMS.
Finally, unless otherwise stipulated, no guarantee will be given after the assembly in the following case:
1. Assembly rules inobservance
2. Distinctive deterioration or accident due to carelessness, a lack of maintenance or an inadequate utilization
3. Equipment modifications by the buyer without seller agreement
4. Damage due to force majeure case.
5. Exceptional climatic conditions, in particular, storm, hurricane, cyclone, etc.
DISAGREEMENTS: all disputes which wouldn’t be amicable pay are severely within the competence of the Pau Commercial Court or, if necessary, the High Court of Pau, exclusive skillful.
Those clauses conferring jurisdiction applies also even if the case of, incidental request, warranty claims or in case of plurality buyers. Various delivery methods or payment, disposals, payment acceptance or shipment in exchange for repayment as well as the delivery place can operate neither innovation nor dispensation.
RESERVATION OF OWNERSHIP: By express agreement, we shall reserve the ownership of the goods supplied until the last day of their complete payment, with accordance with the terms of the law n °80-335 of May 12, 1980.
All general purchasing terms, that might contradict the above terms of sale, are considered as ineffective. The fact of placing an order equates to a formal acceptation of all clauses listed above. EDAM’s responsibility is limited in all cases to the value of the merchandise.