Article 1 - SCOPE OF APPLICATION
1.2 Any order implies knowledge and acceptance of the general conditions of sale expressed below, which prevail over any other general conditions, including those of the buyer or any other structure in relation to the buyer, unless expressly accepted by us.
1.3 The fact that our company does not avail itself at a given moment of one of the present conditions cannot be interpreted as a renunciation to avail itself later of any of the said conditions. The cancellation of a clause of these conditions will not affect the validity of the conditions as a whole.
1.4. The present general conditions of sale are available on the paper catalog and on the website www.lpi-incendie.fr
Article 2 - ORDER
2.1 The customer undertakes to make every effort to facilitate its availability to our company, in order to allow the latter to carry out its obligations under the best conditions. At the time of the order, the customer remains responsible for the content and the accuracy of the information that he transmits to our company and guarantees the latter against any legal action which would find its source in the said information.
2.2 The spare parts supplied by our company are intended for installation and use by fire safety professionals. The purchaser must therefore ensure that he/she has the necessary qualifications to use this equipment. If the purchaser decides to resell these spare parts to a third party without carrying out the maintenance of the equipment concerned, he shall ensure that this third party also holds the qualifications required for the maintenance of the equipment.
2.3 The minimum order value is €50 excluding VAT, excluding shipping and handling costs.
Once an order confirmation has been sent, any total or partial cancellation of the order cannot be accepted if no modification has been made by La Protection Incendie.
2.4 The customer who requires products with a more recent date of manufacture than those available on the date of the order, will have a price increase of 20%. Our company reserves the right to apply a discount to the customer who accepts products with a Use-by date 12 months shorter than the normative base.
Article 3 - DELIVERY
3.1 Free shipping for orders over 1200 € HT for metropolitan France, except for products indicated.
For all orders below 1200 € HT, packaging and shipping costs are charged at actual cost.
3.2 The delivery times mentioned on the order confirmations are given strictly as an indication, except in the case of an express commitment on firm dates planned between our company and the customer. In the absence of such a commitment, the overruns of time cannot give place to damages, nor to the cancellation of the orders in progress. Our company is authorized to carry out its deliveries in a total or partial way. In general, our company undertakes to inform the customer as soon as possible of all foreseeable difficulties or difficulties encountered in the execution of the obligations entrusted to it.
3.3 When all products are available, the indicative delivery time is 1 to 2 days for packages without dangerous products, 3 days for other packages and 7 days for pallets. Additional charges apply if the customer requests an Express delivery.
A fixed management fee of 15 € HT is applied when the buyer requests a scheduled delivery (example: delivery on Tuesday morning).
3.4 When all the products are not available, the customer accepts the deadlines indicated on the AR and a partial delivery is requested, the shipping costs of the first delivery, then the remainder, are due, except for deliveries beyond the Franco.
3.5 In all cases, it is up to the customer in case of damage, missing or delay, to make clear and precise reserves on the document of reception of the carrier, and to notify the carrier by registered letter with acknowledgement of receipt, with copy to our company, its motivated protest in the three days, not including holidays, which follow the reception of the goods.
3.6 Any reservation or dispute relating to the conformity of the goods shall be made in writing by the customer within a maximum period of twenty days from receipt of the goods. It is up to the customer to provide any justification as to the reality of the defects or anomalies noted.
Article 4 - PRICE AND PAYMENT METHODS
4.1 Any request to open an account must be accompanied by a K-Bis extract and a bank statement.
4.2 Our invoices are established, from the date of delivery, according to the rates and currencies in force in our company at the date of the confirmation of order.
4.3 Payment at the time of order, following receipt of the invoice by bank transfer, or online by credit card.
Our company reserves the right to authorize payments within 60 days of the invoice date, by Draft, Check or Transfer for a customer who respects the payment deadlines and who has solid financial guarantees (e.g.: accessible balance sheet with a result greater than 10 times the outstanding amount, etc.).
For an order significantly higher than the average annual basket, the terms of payment may be modified.
No discount for early payment will be granted.
4.4 Any delay in payment will give rise by right and without any notice of default being necessary to the payment of :
- a legal late payment interest increased by 10 points which will be revised every 6 months,
- a fixed indemnity for collection costs of 40 euros (Article L.441-6 of the Commercial Code),
- an additional indemnity when the collection costs are higher than the above fixed amount.
During this collection period, no delivery will be made. The invoicing of these various sums shall not entail any waiver on our part of the retention of title clause stipulated below.
In the event of delay or default in payment of a previous invoice, we reserve the right at any time to cancel current contracts or orders, to request or take additional guarantees or to modify the terms of payment for the proper execution of the contract.
Article 5 - RESERVATION OF OWNERSHIP
The goods sold by our company remain its property until full payment of the price in principal, costs, interests and accessories by the customer. In case of non-payment, our company, without losing any other rights, may demand by registered letter the return of the goods at the expense and risk of the customer. The customer will also bear the possible legal and judicial costs.
Article 6 - CLAIMS AND WARRANTIES
6.1 In case of defect or anomaly duly recognized by our company, the obligation of the latter will be limited to the replacement of the defective quantities by similar goods. No return will be accepted for any reason whatsoever, without prior written agreement from our company.
6.2 The date of manufacture of additives, powders and cartridges cannot be a reason for complaint if the date of manufacture is less than one year old, or if the Acknowledgement of Receipt of Order and the accompanying email show an earlier date of manufacture.
6.3 When the responsibility of our company is engaged following a proven fault on its part, the compensation applies only to the direct, personal and certain damage that the customer has suffered to the express exclusion of the compensation of all damages and / or indirect and intangible, such as financial losses, damage to image, etc. The amount of damages that our company may be required to pay under the above conditions is in any case limited to the amount of the sale price of the goods in question. This clause shall not apply in the event of gross negligence on your part or failure to meet your essential obligations.
6.4 In the event of force majeure (in particular due to fire, flooding, strikes, changes in regulations, power or telephone cuts, etc.), the party concerned will be released from its obligation to deliver as of right and without compensation as of the date of the occurrence of the events. It undertakes to inform the other party as soon as possible and to make every effort to resume its obligations. Each party will be able to put an end to the sales in question by registered letter with acknowledgement of receipt in the hypothesis where a case of force majeure would continue during more than 30 days.
Article 7 - PROPRIETE INTELLECTUELLE ET CONFIDENTIALITE
Tout client de notre société ne pourra faire état ou usage des marques ou logos ou tout autre droit de propriété intellectuelle appartenant à notre société, ou similaires à ces droits, qu’avec l’autorisation expresse, écrite et préalable de notre société à la seule fin de promouvoir la revente des marchandises commercialisées par la société dans des conditions normales au regard de son activité.
Toutes informations commerciales ou autres renseignements se rapportant directement ou indirectement aux affaires des parties qui seraient communiqués par l’une d’elle à l’autre aux fins de la négociation et de l’exécution des présentes, seront, tant au cours de leurs relations contractuelles qu’après leur cessation, tenus strictement confidentiels par chacune des parties qui s’abstiendra, en outre, de les divulguer de quelque manière ou pour quelque raison que ce soit et de les utiliser à toutes fins autres que celles prévues aux présentes. Les parties s’engagent à prendre toutes les mesures nécessaires aux fins de s’assurer du respect des obligations résultant de la présente disposition par tous préposés, employés ou agents représentants et partenaires.
Article 8 - DISPUTES
8.1 The present conditions are subject to French law.
8.2 The parties agree that all actions taken under the present conditions are prescribed by one year in application of article 2254 of the Civil Code.
8.3 Any dispute or contestation arising from the execution, interpretation or termination of orders placed under these general terms of sale shall be referred to the Commercial Court of Le Havre, regardless of the specific terms and conditions of payment accepted, even in the event of multiple defendants, incidental claims or warranty claims.