General Sales Conditions
1. GENERAL INFORMATION
- The current General Sales Conditions are applicable to all goods and services offered by Abylon Industrie Company, 38, Rue de la Convention – 94270 Le Kremlin Bicêtre.
- These General Conditions enter into force following the date of signing the Quote and are concluded for the time necessary for the provision of goods and services purchased, until the expiry of the guarantees provided by Abylon Industrie.
- The fact of placing the order implies the client's full and unconditional acceptance of these General Conditions and cancels any type and different printed stipulation on the orders or on the buyers' correspondence.
- The information contained in catalogues, prospectuses and price lists are only an indication. Only the Quotes of the Abylon Industrie Company duly accepted by the clients are taken as establishment of proof of commercial relationship.
2. ORDERING AND PAYMENT
- Any Quote returned as accepted in Abylon Industrie acts as order form.
- Any order placed through our Company will be taken into account only upon the receipt of dated and signed Quote of Abylon Industrie which is to include the mention « Agreed and signed » as well as the client's shipping address.
- The normal settlement period is net 30 days from invoice date except the first orders of new clients who are subject to payment made upon order.
- Any order placed in Abylon Industrie from the foreign country will need to be settled in full before the beginning of fabrication.
- No discount will be granted for early payment.
- No modification of the custom-made order can be taken into account, in terms of both volumes and specification or plan later than 5 working days upon receipt of the client's order.
- The goods shall remain the property of Abylon Industrie until full payment of the price. In the event that the Buyer would not pay the full price by the agreed deadline, the sale of goods shall be resolved by the only option of Abylon Industrie, it being expressly agreed that the resolution will be made the day of the first presentation of a registered letter with an acknowledgement of receipt to the Buyer. In this case, the Buyer undertakes to return the reserved goods in their original condition upon first request by Abylon Industrie Company. If the client refuses, Abylon Industrie may be allowed to enter the premises and take back the reserved goods by the court decision of relevant jurisdiction in terms of the article referred to below. The same applies in the event of agreed payment in instalments; the failure to pay a single instalment will make the full amount payable and Abylon Industrie will have the right to require the cancellation of the sale under the above-mentioned conditions.
- The computerized record stored in the computer system of Abylon Industrie Company will be regarded as the evidence of communication, the orders and payments occurred between the parts. The filing of purchase orders and invoices is made on a reliable and long lasting support being able to be produced as proof.
- Products will be delivered either directly to the client, or by simple notice, or through an agent by the shipper or the carrier.
- The time period indicated on the Order Confirmation and on the Quote have only indicative character and possible delays shall not entitle the client to cancel the sale, to refuse the goods or to claim damages.
- The products are delivered to the address indicated by the client in the order form.
- In the event that the client would like the ordered goods to be supplied with « express delivery », he shall promptly notify our Company when ordering. The extra costs of this delivery mode in any case shall be exclusively borne by the Buyer.
- The risks concerning the products sold by our Company are transferred on delivery of products to the client or to the carrier, or when leaving the premises, even if we take responsibility for other performances such as transporting.
- Goods are sent to the recipient's own risks who shall be vigilant to check, on receiving, the parcels and their content in the presence of the deliverer and make him take note of missing products or defects in the delivered materials.
- The details of given delivery periods are not binding. Also, no repayment, damage and interest or cancellation of the order may be claimed due to delay irrespective of the reason.
- The prices of our products are given in euros and may be the victims of fluctuations, even when they are accepted by Abylon Industrie, in the case of proven modification of custom duties, amendment to regulations concerning the imported goods or the creation of new taxes including those in France.
- The products are supplied at prices prevailing at the time of the order.
- Our quoted prices have a validity of 1 month starting from the date of the creation of the document.
- In the event of a delay in payment, Abylon Industrie may suspend all pending orders.
- The Abylon Industrie Company reserves the right to refuse to make a delivery or to honour an order emanating from a client who has not fully or partially paid for or with whom a dispute of payment would be in the course of administration.
- Full or partial default of payment on the due date will automatically, and without formal notice (Civil Code Article 1153), result in the imposition of a penalty at least equal to one and half the legal rate of interest, the reference rate is that in force on the invoicing date.
- This interest will accrue from the due date of the invoice before payment.
5. RESERVES AND GUARANTEE
- To be acceptable, any reserve concerning delivered product and the other arising from the transport must be notified to the Abylon Industrie Company by registered mail with receipt of acknowledgement withing two days upon receipt of the goods. Beyond this time period and apart from this formalisation, the client will be deemed to have waved all claims and shall only be entitled to complain for such visible or hidden defects of delivered product.
- All the products are guaranteed to be free from manufacturing defects for 12 months. The guarantee is limited to the replacement of the faulty parts after their freight paid return. The replacement parts, the belt, the bearing and the wheels are per se excluded from guarantee claims.
- If within that period a product defect is noted, the client shall be able to return it to the Company. The product must be returned in its original packaging and accompanied with its invoice that acts as a guarantee as well as with a description of the reproved insufficiency. The cost of return remain the responsibility of the client.
- In any case, the contractual guarantee will be cancelled if Abylon Industrie notes that the products has been opened or used in abnormal conditions (fall, humidity, immersion ...).
- The defects and deterioration caused by normal wear and tear, by outside accident or by the product modification neither scheduled nor specified by the seller, are excluded from guarantee.
6. RETENTION OF TITLE
Under the Law 80-335 dated 12 October 1980, Abylon Industrie shall retain title to all invoiced goods until they have been paid for in full. During this period, the client assumes full responsibility for any damages that may occur to the goods.
7. FORCE MAJEURE
Abylon Industrie shall be released from its obligations in the event of any accident or instance of force majeure. The following events shall be considered as such: the strikes, floods, fire or other natural disasters affecting Abylon Industrie or its suppliers. The client may not invoke such events to cancel his order. The quantities ready for delivery when the event occurs shall be accepted by the client and delivered.
8. DATA AND INFORMATION PROTECTION
- The Abylon Industrie Company undertakes to respect personal as well as professional data. Any personal or professional data shall be kept strictly confidential.
- In case of dispute, the Tribunal of Commerce at Créteil will be the only competent body notwithstanding any clause appearing in the commercial documents of our clients.
10. INTELLECTUAL PROPERTY, PATENTS
Abylon Industrie reserves the right to institute legal proceedings and intervene in any action of infringement of patent, design, method or brand belonging to it. The toolings, plans, studies provided by Abylon Industrie for manufacturing of special custom-made parts remain the property of Abylon Industrie even if the contribution to study or tooling expenses has been requested to the client.