| Sales conditions |
GENERAL CONDITIONS OF SALEOur general terms of sale are solely valid, even if specified otherwise in our customers general terms of purchase, merely placing an order with us concludes the general acceptance of each condition, including the right of title clause. Commitments made by our representatives are only valid following official acceptance from our Company, SAM Outillage. SIM TAXCosts and taxes are included in the price list : therefore no SIM expenses are invoiced separately.CARRIAGE CONDITIONSAny order with a net total not exceeding 80€ excluding V.A.T., shall be automatically increased by 10€ without prior notice. For any shipment of a minimum value of 500€ net, the carriage and packaging paid basis is granted to the place of destination of the goods for Metropolitan France, including Corsica and to the border or loading port for overseas. For overseas, F.O.B. basis is granted for any shipment of a minimum value of 4500€.SPECIAL ORDERSFor any non-catalogue item covered by a special production, we reserve the right to a delivery allowance of 10% of the quantities ordered, either more or less. Orders for tools cannot be cancelled after having formed the object of a binding order. They cannot, under any circumstance, be taken back by us.TERMS SHIPMENTOur customers are asked to always specify the terms of shipment clearly on their orders. Goods, even when sent on a carriage paid basis, are shipped at the recipient's risk. We would ask our recipients to inspect the delivery. No claim shall be accepted following eight days from the date of receipt. We shall never be held responsible for routing times and only the date of shipment compulsorily determines the due date. In the case of carriers or express dispatches laid down by the customer, carriage expenses are always at the recipient's expense.DELIVERY TIMESOur delivery times may not be opposed in the event of a delay nor form the object of any cancellation or claim for compensation. All cases of force majeure, namely total or partial mobilization, ware, epidemic, all-out or partial strike of our factories, stoppage of transport, fire, flooding, etc., justify, for our Company, the cancellation, postponement of orders and contracts or the delay in delivery of the latter, without any opposition.PRICEThe column excluding tax of the price list, corresponds to the basic price for the calculation of our discounts. In compliance with the legislation in force, the margins of our distributors remain their entire responsibility. Our goods are invoiced at the rate of the day of delivery. Variations in price may not form grounds for the cancellation of pending orders. We are only responsible for our net invoincing prices (discounts deducted). Any special packaging requested by the customer shall be invoiced as extra. Should the quantity ordered not correspond to the packaging unit or a multiples thereof. SAM reserve the right - in the absence of express instructions to the contrary from the customer - to increase this quantity to that of the packaging unit.RETURNNo item shall be accepted without our prior agreement. In the event of agreement, goods must be returned to us in perfect condition in their original packaging on a carriage paid basis. Only the goods featured in the SAM catalogue in force may be covered by an agreement. Credit notes shall always be made out at the acquisition cost, reduced by 20%, taking (amongst others) handling costs for putting back into stock, into account.SAM WARRANTYOur products are guaranteed against any workmanship defect. This warranty extends to the replacement of defective parts, to the exclusion of any damages for any cause whatsoever. Each product corresponds to a SAM warranty code. The conditions of application are expressed in the text of THE SAM GUARANTEE in this price list.PAYMENTOur invoices are payable at Saint-Etienne strictly in cash on collection of goods. For any customer having opened an account with SAM, our invoices are payable at Saint-Etienne on receipt of invoice, by cheque - postal or bank transfer - domiciled bill at thirty days end-of-month settlement. The discount applicable in case of payment before a date previous to that resulting from the application of the general conditions of sale will be calculated on the basis of the euro monetary Rate in force on the invoice date increased by 3 points but with a limit of one and one half times the bank base rate.Failure of the customer to observe any one of the fixed due dates entails an event of default ipso jure. All sum due become payable immediately. The penalties applicable in the case of settlement after the date of payment stated on the invoice, when this date is later than that provided for in the conditions of sale, will consist of one and one half times the prevailing french legal interest rate plus a fixed sum of 30€. This clause in no way alters the requirement to pay the said invoices immediately. In the event of legal action, a penalty clause provides for the application of an indemnity payment of 20% of the outstanding amount. In the event of a delayed in payment, the Company reserves the right to postpone the execution of booked orders. We reserve the right to demand guarantees even during the execution of orders. The SAM tools together with the parts delivered, remain the property of SAM Outillage until they are paid fully. However, the responsibility of these tools and parts is transferred to the purchaser as soon as they are shipped. Any resale before the full payment of the price, shall be deemed as made on behalf of SAM Outillage, to whom belong the debts issued from this resale, within the limit of the outstanding amounts, increased by the corresponding interests for delay. In the event of total or partial non-payment of the price at any of the agreed due dates. SAM Outillage may, without any formality, demand the refund of all the SAM tools within the limit of the amounts due to the latter. With this in mind, products physically present in stock shall be deemed as the last ones acquired. JURISDICTIONAny dispute relating to our goods, regardless the type or basis, shall come under the exclusive competence of the Courts of SAINT-ETIENNE. |