1. The orders of our customers are regarded as firms, except cancellation by one or the other of the parts within the 15 days following the handing-over of the order.
2. The execution of the orders will be made only subject to good references, and in the event of failure to carry out by the purchaser of its obligations, we will have the right to suspend any delivery and to require the immediate and integral payment of delivered goods.
3. Any cancellation of order, for some cause that it is, could be examined only if it intervenes at least 15 days before the date planned for the delivery. It will become valid only after our agreement.
4. Any unauthorized return or in postage due will be refused.
5. The delays in deliveries cannot give place to allowances or authorize refusal if satisfaction were not given after 8 days of injunction in the legal forms.
6. Our goods, even free, travel to the risks and dangers of the consignee.
7. The legal or conditional compensation could be opposite in any event by us and with all thirds, between the sums which we will owe with our customers or suppliers, and those of which they would be themselves debtor.
8. The prices of this document could be modified in rise or fall in proportion of the costs resulting of the application of all laws or measures likely to influence the cost price occurring during this contract.
9. Our drafts are not an exemption instead of payment which is COURTHEZON.
10. Any glance in the payments will into force result in the application of post maturity interest on the sums due to the rate of 1,5 times legal interest rate, without it being need for injunction.
11. Of express convention and except carry forward requested at time and granted by us, the non-payment of our supplies at the fixed limit will involve:
a. Immediate current liability of all the sums remaining due, whatever the mode of payment envisaged (by draft accepted or not)
b. The current liability, as damages and of penalty clause of an allowance equalizes to 15% of due sums, in addition to the legal interests and the possible legal expenses.
12. The amount of the damages for expenses collection is 40€ (N°D 441-6).
13. In accordance with the provisions of Article 59 and 65 of the law N°67.563 of the 16/07/67 as modified by the law N°80.355 of the 12/05/80, it results from it, by mutual agreement with the parts, that for the invoiced goods the transfer of property of Gaston Mille to the purchaser is suspended until the integral payment of the price of the known goods by the aforementioned purchaser.
14. The purchaser declares to recognize like perfectly valid the clause developed above, taking into account the fact that it creates a convention passed before to the delivery of the goods by Gaston Mille.
15. It results from it that in accordance with the provisions of Article 65 and 59 of the law of the 13/07/67 N°67.563 modified in the case of a voluntary liquidation which can involve either the bankruptcy proceedings or the liquidation of the goods of the purchaser, Gaston Mille will have the right to assert the goods under the conditions envisaged with Article 65 and 59 above mentioned.
16. The parts acknowledge that in the event of loss or of destruction of the goods the responsibility will fall on the purchaser from the delivery whom will be the only one to bear the costs of insurances.
17. In the event of dispute, the civil court of AVIGNON will be only qualified, even in the event of plurality of defendants or call in intervention or guarantee.
18. The handing-over of the order comprises formal acceptance, without restriction nor reserve, of these conditions.
1. The delivery terms are defined according to the INCOTERMS 2010.
2. Constitute a case of major force any event which affects sufficiently the parts so that the execution cannot be done at the contract date, provided that the event escapes their control.
3. Like already mentioned for Article 12 of the General terms of Sale, we expressly reserve ourselves the property of the goods delivered until its integral payment by the purchaser = Full Bank charges on customers’ account.
4. The duty applicable to the contract is that of the purchaser for the Member States of the U.E and the right French for the other countries
5. In the event of litigation concerning this contract it will be called upon the arbitration of the International Chamber of commerce, 38, cours Albert-1er 75008 PARIS.