GTC

GENERAL CLAUSE

Our sales are subject to these terms and conditions which prevail over any conditions of purchase unless expressly and formally waived by us. Any changes to our conditions must be notified in writing within 7 days of the date of our offer or confirmation of order, otherwise only our conditions will be
applicable. Furthermore, no special conditions may apply unless they are accepted in writing by MARTEAU & LEMARIE.

CONTRACT TRAINING

When a quote is drawn up by us, it constitutes the special conditions to modify or supplement these general conditions. Any offer of prices and time limits remains indicative due to the permanent movements of stocks.

In the event of an order received from the buyer, the latter will only be considered as definitively accepted by us after our written acceptance.
This acceptance will then constitute the special conditions.

DELIVERY

The prices established by MARTEAU & LEMARIÉ always mean departure from our establishment in Sorbiers (42290). Unless otherwise specified, delivery shall be deemed to be made at that place.

If the contractual delivery date due to MARTEAU & LEMARIÉ is exceeded and after receipt of a notice to deliver, a penalty of 1.5% of the H.T. selling price per week of delay will automatically apply, up to 15% of the H.T. selling price.

After six weeks of delay, the contract will be solved automatically, if it seems to the buyer. Under no circumstances does a delay of less than six weeks authorize the buyer to cancel his order. Similarly, no delay in delivery allows the buyer to suspend payment of previous invoices.

TRANSPORT

It is the responsibility of the buyer to ensure the costs and risks of transporting the goods sold, after the removal of the goods at our establishment in Pantin.

Without specific instructions from the buyer, MARTEAU & LEMARIE arranges the transport of the goods by the carrier of his choice and the goods travel at the buyer's expense and at his risk.

PROPERTY RESERVE CLAUSE

PRICES

1. Prices – Conditions of payment

The price indicated on our order confirmations is firm. It is stipulated without taxes. Our invoices are payable upon receipt for any amount less than 150 euros VAT and 30 days end of month on the 10th for any higher amount.

Bank transfers to the GENERAL SOCIETE Bank code: 30003/Commercial code: 04270/ Account n° 00020021001 /Key 92.

Any change in these conditions of payment must be accepted in writing by us.

A discount of 1 per cent per month is applied in case of advance payment.

2. Late payment penalties – Penalties

In the event of failure to pay an invoice at the agreed due date, the other invoices will become due immediately, even if they have been processed. In addition, as a criminal clause and in accordance with the legal provisions, in the event of non-payment at the agreed date, the buyer shall be entitled to a penalty for late payment, calculated in relation to all outstanding amounts, at an interest rate equal to 2 times the statutory interest rate.

Late penalties are payable without a reminder.

Any delay in payment allows MARTEAU & LEMARIÉ to suspend the execution of current orders without notice or warning.

Similarly, in the event of a decrease in the buyer's creditworthiness or of reorganization or liquidation, MARTEAU & LEMARIÉ reserves the right to suspend the execution of its current orders or to require guarantees.

MAJOR FORCE

Cases of force majeure and in general all events that make it impossible or exorbitant to fulfil commitments of MARTEAU & LEMARIÉ authorize the suspension or cancellation of MARTEAU & LEMARIÉ. These are considered to be cases of force majeure, without this list being exhaustive: strikes, wars, mobilizations, lock-out, fires, interruptions of means of transport or any restrictions and prohibitions imposed by the public authorities.

REPRISE OF GOODS – GUARANTEE

In view of the variety of applications of our products, whose technical specifications are available to the buyer, it is up to the buyer to order the goods that meet his expectations according to the application to which he intended them and MARTEAU & LEMARIÉ cannot be held responsible for any problems that may result from this choice.

The goods must be controlled by the buyer before any use and no later than 7 days after delivery. Any complaint or dispute concerning the quantity delivered, the conformity of the product or the quality thereof shall be notified by registered letter setting out the reasons for the non-compliance. After 7 days, the claims will no longer be admissible and the goods will be considered approved and definitively accepted.

In accordance with the legal provisions, the goods delivered are also guaranteed against any defects of manufacture not detectable at reception.

In addition, and whatever the reason, any return of goods and its conditions must be approved in writing by MARTEAU & LEMARIÉ. Otherwise the costs and damages related to an unapproved return will remain the responsibility of the consignor.

APPLICABLE LAW AND SKILL ATTRIBUTION

Any dispute relating to the present sale, even in the event of a claim for security or a plurality of defendants, shall, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the commercial court in which our registered office is situated, this clause imposing even on foreign customers.

The law applicable to any dispute arising in connection with the conclusion, performance or performance of any of our contracts will be the French law.