AGID SALES TERMS
Our sales are subject to these terms and conditions on any purchases , unless expressly accepted by us.
ARTICLE 1 – SALES
1.1 – The seller is bound by the orders taken by its representatives or employees after acceptance of the order by the buyer. The order confirmation can take the form of a receipt or direct invoice.
1.2 – Any modification or cancellation of order requested by the purchaser must be on agrrement and acceptance of an explicit and modification of the seller.
1.3 – Once a deposit is paid, we validate the order. Amounts paid before delivery do not constitute a deposit.
1.4 – For all order lower 45 €, administrative processing fee will be applied on 11 €.
ARTICLE 2 – DELIVERY
2.1 – Unless explicitly specified at time of order, delivery times are given an indication. Delays do not accrue any penalty or constitute the resolution of the contract. AGID will not be held responsible for delays in delivery due to force majeure or events such as lockout, strike, epidemic, requisition, fire, flood, tooling accidents, scrapping of major parts during manufacture, interruption or delay in transport or any other cause resulting in total or partial unemployment, either for ourselves or for the supplier-manufacturer of the equipment covered by the sale contract.
2.2 – Without prejudice to be taken vis-a-vis the carrier, claims on apparent defects or non-compliance of the product delivered to the ordered product or packing slip must be made in writing within 3 working days of the arrival of the products. It will be up to the buyer to provide any justification as to the reality of defects or anomalies.
ARTICLE 3 – INSTALLATION
The buyer carries out all installation of the delivered goods under their own resposability. They are obliged to provide training on the use and installation of the goods for any final client and reply to any of their questions. Any failure to carry out this responsability, resulting in damage to the seller’s image, could result in refusal to sell future goods to the buyer. In this case, the buyer will be notified and this refusal will come into force one month after receival of this notice.
ARTICLE 4 – RETURNS
No goods can be returned to company without our permission. AGID is not responsable for the cost of return transport. Any liability for loss or damage to parcels is declined.
ARTICLE 5 – WARRANTY
5.1 – The products are guaranteed to be free of material or manufacturing defects for a period of 1 year from the date of delivery. The seller will, at its option and depending on the severity of the damage to agree to free product replacement or repair.
5.2 – The seller’s warranty does not cover cases of bad maintenance or abnormal use of the product by the buyer. Moreover AGID is not responsible for damage due to misure of the product (Includind the poor layout of the place where the product is installed), or indirect damage such as loss of operation or shortfalls that manufacturing stoppages could cause even if within guarantee.
5.3 – The buyer having selected the product under their own responsibility, in consideration of its own user needs, accept that the seller is exempt from liability if the product does not meet in full or part, the use for which the purchaser intended to use it. In the same way the seller can not be held responsible for malfunction of peripherals whose performance depend on the environment in wich they are used.
5.4 – The seller can not be held responsible for charges relating to replacement of parts under warranty.
ARTICLE 6 – PRICE – TERMS OF PAYMENT
6.1 – The products are supplied at prevailing prices at the time of acceptance of the order. The prices charged are inclusive of all taxes, regardlesss of wether they leave the factory or shop. Any new tax, customs or other source, will result in higher prices as stipulated on the date of acceptance of each order.
6.2 – Unless otherwise stipulated, payments are due within 30 days after invoice date net. In case of delayed payment, the seller may suspend all current orders, without rulling out any other action, including the application to the buyer default interest. The interest rate applied in case of delay will be at least equal to the ECB increased by 10 percentage points (Article L441-6 of the Commercial Code). The interest payable will be at least 40, – € for late payment to reflect the administrative charges resulting from late payment.
ARTICLE 7 – RÉSOLUTION
In case of late in payment and 48 hours after failure to reply to formal notice, the sale may be automatically canceled. The seller may hn ask for interim relief the return of the products, without any additionnal charge.
ARTICLE 8 – RETENTION OF TITLE
Our supplies (goods, machinery, etc …) remain our property until full payment by the buyer (fees and interest) under the law of 12 May 1980. In all cases risks relating to hardware are transferred to the buyer upon delivery to the carrier.
ARTICLE 9 – COMPETENCE
In case of dispute relating to a good or its payment, and failing amicable arbitration, Dijon Courts will have exclusive jurisdiction, regardless of the conditions of sale and method of payment accepted, even in case of appeal relating to warranty or multiple defendants.