General sales and fabrication terms
PRELUDE :
The fact, for a customer, to place an order by COQUARD & Co for the purchase of products involves the whole and without reservation support of these following « general
sales and fabrication terms ».
LIABILITY :
A / Conditions of use of our products and/or devices are dependent on legislation in effect, in places and times considered. So, the whole liability of their use falls on the user.
B / All texts, informations, characteristics ou photographic reproductions present in catalogue or in specification sheets are valid on the date of edition. In any case, they can't
involve our responsability in case of inaccuray. We reserve the right to make changes without notice.
C / In all cases, COQUARD & Co assume an obligation of means only.
D / When the customer asks for a made-to-measure work to COQUARD & Co, he has to give a detailed technical specification.
TAKING OF ORDER – TARIFF :
A / All the prices on catalogue are generally valid for 1 year; however, the customer has to make sure of their validity for each order.
B / Unless agreed between the parties, all our prices are net of tax, departure from the factory EX WORKS (Incoterms 2010) without discount.
C / Every order accepted by COQUARD & Co cannot be canceled or modified without a prior agreement of COQUARD & Co. In all cases, the customer will compensate
COQUARD & Co for all damage that the establishment would suffer with the cancelling or the modification of the order. The means of placing the order is left to the
customer but cannot give rise to any particular conditions.
D / The transport costs are charged to the buyer. These costs are proportional to the weight of merchandise and the distance of transport. We work with several carriers in
order to obtain the best conditions of tariff. So, the customer can choose between a delivery by normal or express way, post or refrigerated transport.
E / Minimum of order : the minimum of invoicing is set to 50€ (net of tax) for order in France, 200€ for an order outside France. Otherwise, COQUARD & Co will be
allowed to charge these amounts according to the country of destination.
DELIVERY :
A /The consignee has to check the state of the goods at the moment of
delivery. All reservations
must be mentioned in the delivery slip of the carrier, in accordance with the article 105 of the French
commercial law. We will not accept any complaint without these reservations.
B / The products, even sent carriage paid, travel at the consignee own risks; it is for him to make necessary noticings in case of delay in the delivery, stealing or damaged on
the way. Noticings have to be made with a registered letter with acknowledgement at the carrier, the only one responsible.
C / Every noticing of the customer, for being valid, must be adressed at COQUARD & Co, by registered letter with acknowledgement, in the 48hours following the delivery
of goods.
D / Delay of delivery does not permit the customer to cancel, even partially, the orders or the deliveries. The times allowed for delivery are indicative, any delay cannot give
damages, penalties, deduction or replacement.
E / In case of defect in delivered products, COQUARD & Co are only obliged to replace the products, excluding any other compensation or damage.
F / For perishable products, rennets, lactic and ripening cultures, we recommend, for important orders, shipment by refrigerated transport. For the small parcels, we provide a
system of ice + packing with insulating and express transport; in spring and in summer ; the cost of this is for the customer.
ADMINISTRATIVE COSTS :
A fixed rate of 500€ will be billed for every
administartive file for export.
The sending of specific document (certificate, attestation...) in France or for export,
will be billed 30€.
For exportations to USA, Canada, insurance and administrative costs will be billed up
to 10% of the invoice amount.
INSURANCE FOR TRANSPORT :
If the sent merchandise has a value superior to the value insured by the carrier, an insurance for losses and damages is automatically taken out.
GUARANTEE :
Our equipment is guaranted, against all manufacturing defects and non apparent dysfunction at the time of initial sale, except for wearing parts, for a period of 1 year.
The guarantee starts the day of the invoicing date.
This guarantee applies to replacement of parts or equipment recognized defective by us (postal charges for the round trip are for the buyer). In these conditions, the
replacement of parts or equipment will be free of charges.
The complaints for manufacturing defects and others must be transmited immediately and, at the latest, one week after the receipt of merchandise in the destination point.
If a return to the workshop proves to be necessary, a diagnosis will be made out. If it's proved that the defect id due to a bad use, an estimate will be made for acceptance by
the customer.
This guarantee does not give any right to compensations for charges, damages or losses of running.
RETURN - CLAIMS :
No return will be accepted without the absolute agreement of COQUARD & Co.
The returned merchandise must be in a strictly new state and in the original packaging. The buyer is responsible for charges of return.
Assuming that the equipment would require to be repaired, the repair will be invoiced on the basis of the pre-etablished estimate. Coquard & Co reserve the right to invoice,
from tariff in effect, the equipment used and so unsaleable in the state.
All complaints must be sent to COQUARD & Co, by registered letter, in the 8 days following the receipt of the order ; refering to number and date of invoice (or in lack, the
commercial offer), to the reference and the quantity, and by setting out the motives of the request. After this time limit, the complaints will not be taken into consideration.
CONDITIONS OF PAYMENT – ABSENCE OF PAYMENT :
A / The products are payable cash on receipt of the invoice, to « Ets Coquard, 478 rue Richetta 69400 VILLEFRANCHE sur Saône ». Every other payment must be
negotiated before.
B / COQUARD & Co don't allow discount for anticipated payment of the invoices.
C / COQUARD & Co reserve the right to ask for an account of payment (30% of the amount) for all every order resulting from the making out of an estimate or
for an amount of order higher than 1500€.
D / Only a discount of 3% is given at the shop when the products are taken and paid cash on, in our company.
E / In accordance with the law 92 – 1441 of the 31-12-1992, every payment with a delay will involve the application of a penalty equal at 1.5 times the legal interest rate by
begun months. In case of unpaid and in case of recovery by a contentious service, the whole of expenses will be borne by the customer.
F / For some commercial transactions, COQUARD & Co reserve the possibility to deliver on payment before shipment or on cash on delivered merchandise. The additional
expenses for cash on delivery stay on the charge of the customer.
E / For the sales at export, merchandise and transport are payable before shipment on presentation of the « pro-forma » invoice. The costs of insurance of merchandise are on
the charge of customer. Otherwise, an insurance credit can be suggested on consultation. This remains on the charge of the customer.
PROPERTY RESERVE CLAUSE :
The property transference of sold goods is subject to the full payment of their price.
Until full payment, the buyer is considered as a simple depositary. However he can use
the goods normally.
Nevertheless, the buyer assumes alone all loss or destruction from the delivery that
had been made.
Without full payment of the price for goods, in the time fixed by contract, the seller
keeps the right to claim the property and to require the return, without any formality
or particular formal notice.
With this last hypothesis, the customer will have to, in addition to transport and
proceeding charges returned necessary and subjected to the good state, to pay a
conventional indemnity that represents 20% of the goods value concerned by the
claim.
If the claim goods have been sold or used, the customer expressly agrees to our company
a security on the amount that the « under customers » has to pay and gives us
the debt he has with them.
WAYS OF PAYMENT :
– By bank transfer,
– By debit card via our website for distance payment : www.coquard.fr
– By cash or debit card in our shop
– By documentary remittance or documentary credit for export
ATTRIBUTE CLAUSE OF ABILITY :
All complaint, execution difficulty or interpretation of sales, including export, are only
ability of french Court.
The exclusive territorial ability is allocated to Trade Court of Viillefranche-Tarare, even
if there is a guaranty call and plurality of respondents.
Any contrary clause, except written agreement of parts, is totally non-invocable to our
company.