General sales and fabrication terms

PRELUDE :
The fact, for a customer, to place an order by Ets COQUARD 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 or 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, Ets COQUARD assume an obligation of means only.
D / When the customer asks for a made-to-measure work to Ets COQUARD, he has to provide 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 Ets COQUARD cannot be canceled or modified without a prior agreement of Ets COQUARD. In all cases, the customer will compensate Ets COQUARD 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 rate. 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, Ets COQUARD 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; He has to make necessary noticings in case of delay in the delivery, stealing or damaged on the way. Noticings have to be made before 48 hours by registered letter with acknowledgement to the carrier, the only one responsible.
C / Every noticing of the customer, for being valid, must be adressed to Ets COQUARD, by registered letter with acknowledgement, in the 48 hours following the delivery of goods.
D / Delay of delivery does not allow 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, Ets COQUARD 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.
G / For order balance : 50% of transport costs will be paid by our company and 50% by the customer.

WEIGHT OF ARTICLES :
All the weights mentioned on our administrative and commercial documents are given as an indication except our products billed by kilo. In no way, they can be invoked to refuse or contest a delivery.

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 goods have 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 at 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 is 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 Ets COQUARD.
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. Ets COQUARD reserve the right to invoice, from tariff in effect, the equipment used and so unsaleable in the state.
All complaints must be sent to Ets COQUARD, by registered letter, within 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/For any opening of account or for no activity on an account for 2 years, payment is required before shipment through a proforma invoice .
B / 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 and validated by a written agreement from us.
C / Ets COQUARD don't allow discount for anticipated payment of the invoices.
D / Ets COQUARD reserve the right to ask for a down payment of 30% of the amount for every order resulting from the making out of an estimate or for an amount of order higher than 1500€ and 50 %for every order for an amount of order higher than 5000 €.
E / Only a discount of 3% is given at the shop when the products are taken and paid cash on, in our company. Could not be combined with all other negociated discounts.
F / For some commercial transactions, Ets COQUARD 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.
G / For the sales to export, goods and transport are payable before shipment on presentation of the « pro-forma » invoice. The costs of insurance of goods are on the charge of customer. Otherwise, an insurance credit can be suggested on consultation.
This remains on the charge of the customer.
Moreover, administrative charges will be billed according to a rate fixed by the importance of the file to constitute.
H / In case of delay for the payment, and in accordance with article L.441-6 of French Commercial Code, the customer will be totally accountable for a penalty calculated « prorata temporis » on the wholness amount that he has to pay. An amount equal to 3 times the legal interest rate.
Moreover, by express agreement and without any formal notice, the customer promises to pay, as an indemnity of penal clause ,in accordance with the article 1226 of french Civil Code, an increase of 15% of the amount that he has to pay.

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 money order
– By bank transfer
– By debit card via our website for distance payment : www.coquard.fr For a maximall amount of 1500 Euros.
– By cash or debit card in our shop
– By documentary remittance or documentary credit for export ONLY if there is a pre-agreement

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.

 


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