Rutolan France

Terms of conditions

GENERAL TERMS AND CONDITIONS available by email or fax upon request

ARTICLE 1: Purpose

Any order for products constitutes acceptance without reservation by the purchaser and his full commitment to these general conditions of sale which supersede any other document of the buyer, including all terms of purchase, unless otherwise agreed with our company.
These general terms and conditions apply to all sales of products by our company unless specifically agreed in writing between the parties prior to the order.
Consequently, the placing of an order by a customer means that he agrees unreservedly with the present general terms and conditions, unless special conditions have been granted in writing by our company to the purchaser.
Any other document than these general terms and conditions is merely informative and indicative, but not contractual.

ARTICLE 2: Orders

An order means any order on our products on our rates, and accepted by our company, together with payment of a deposit which may be scheduled on the order form.
Orders sent to our company are irrevocable by the customer.
Any request to change the composition or size of an order placed by a customer can not be taken into account by our company, unless the application is made in writing including fax or email and came to our company the same day as the initial order.
In case of modification of the order by the customer, our company will be untied of the agreed deadlines for its execution.

ARTICLE 3: Shipping

Delivery Times: the delivery time indicated on the order has a purely indicative value, and the possible delays do not entitle the buyer to cancel the sale, refuse the goods or claim damages.
Transportation: The goods travel at the risk of the recipient, whatever the mode, or the terms of settlement for the price of transportation, free or postage due.
It belongs to the customer to make all necessary arrangements with the carrier for damages to goods supplied or missing goods. Every product which has not been the subject of reservations by registered letter with return receipt within 3 days of the delivery from the carrier, in agreement with Article L133-3 of the Commercial Code (with copies that shall be sent simultaneously to our company) will be considered accepted by the customer.
Without prejudice to be taken by the client vis-à-vis the carrier indicated above, in cases of obvious defects or missing, all claims on the products delivered will be accepted by our company only if it is done in writing by registered letter with return receipt, within 3 days as indicated in the above article.
It is the responsibility of the buyer to provide any justification as to the reality of defects or deficiencies found.

ARTICLE 4: Price

Our prices are fixed by the tariff in force on the day of placing the order. They always understood duty. The price will be fixed by prior agreement with the customer when ordering.

ARTICLE 5: Payment

Our invoices are payable no later than 50 days end of month from the date of the invoice according to the relevant legislation, or unless exceptionally agreed with the customer.
Any amount not paid when due will result in payment by the customer of delay penalties laid one and a half times the legal interest rate. These penalties are payable in full and will be automatically debited to the account.

ARTICLE 6: Property

It is expressly agreed that the seller retains ownership of the goods described above until full payment of their price in principal and interest. The issuing of bills or promise to pay do not constitute a payment. However from shipment date, the purchaser becomes responsible.
If not paid by the purchaser of a fraction of the price within the deadlines stipulated above, the sale will automatically be resolved after 10 days, after a notice by registered letter with return receipt, remained unsuccessful.
The goods must then be sent back by the buyer. In case of disagreement between the parties on the conditions of the refund, they will be fixed by an injunction issued by the President of the Tribunal de Commerce of Toulouse, France who will appoint, if necessary, an expert to assess the value of the goods on the day of their return, to liquidate the accounts of the parties without prejudice to the damages that could fall onto the buyer because of the contract rescinded.

ARTICLE 7: Force majeure

Are considered as force majeure any fortuitous events beyond the control of the parties, as they could not reasonably foresee, could not reasonably avoid or overcome, insofar as their occurrence makes it totally impossible to perform the obligations of the parties.
Are completely assimilated to cases of force majeure or fortuitous events, discharging our company to deliver within the time originally planned: strikes of all or part of the staff of our company or carriers and suppliers of traditional products, fire, flood, war, production downtime due to failures, epidemics, road blocks … The quantities ready for delivery at the time of the event will be accepted by the customer.

ARTICLE 8: Jurisdiction

All disputes relating to this contract are the sole responsibility of the Commercial Court of Toulouse in France, except special agreement, any written orders entail the acceptation of our conditions of sale by the buyer.

Version :april 2011