ARTICLE 1: APPLICATION – OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE.
The present general conditions of sale are systematically addressed or given to each buyer to allow him to place an order. Consequently, placing an order implies the buyer’s full and unreserved acceptance of these conditions, to the exclusion of all other documents, such as prospectuses, catalogs, issued by the company Recherche, Développement, Création (ci -after “RDC”) and which have only an indicative value. No particular condition or any other general condition can, except formal and written acceptance of RDC, prevail against the present conditions. Any contrary condition opposed by the buyer, will therefore, in the absence of express acceptance, unenforceable against RDC regardless of when it may have been brought to its attention. The fact that RDC does not take advantage of any of these general conditions of sale at any given time cannot be interpreted as a waiver of the right to invoke any of these conditions at a later date.
ARTICLE 2: ORDER TAKING.
Orders are only final when they have been confirmed in writing by the buyer, expressly accepted by RDC and after payment by the buyer of a deposit of a minimum amount of 50% of the amount of the order. RDC is only bound by orders taken by its representatives or employees subject to written and signed acceptance by RDC of said orders. The benefit of the order is personal to the buyer and cannot be transferred without the prior agreement of RDC.
ARTICLE 3: DELIVERY – TERMS – RISKS.
The delivery is carried out either by the provision by RDC and the taking possession of the products by the buyer in the warehouses of RDC, or any other agreed place, or, on express request of the buyer, by provision of the products to a shipper or carrier. In this case, it is up to the buyer to take out a transport and insurance contract. It is up to the buyer to take delivery of the products at the RDC warehouse, or any other agreed place, within 8 working days of receipt of the notice of availability. If the buyer has not taken delivery of the products within the period mentioned in the above paragraph, the buyer will bear all the risks of loss or damage. In this case, RDC will also have the right to invoice the buyer for storage and handling costs for an amount corresponding to 2% of the total amount of the order excluding tax per week of delay, without prejudice to any other compensation due. at DRC. In all cases, the transfer of risks takes place as soon as the products are made available to the buyer or his transporter in the DRC warehouses or any other agreed place. Products travel at the buyer’s risk. The delivery of products from RDC takes place EX-WORKS (EXW – Incoterms CCI 2010).
ARTICLE 4: AVAILABILITY – TIME LIMITS.
Provisions are only made according to availability and in the order of arrival of orders. The times are indicated as exactly as possible when the order is accepted, but they are also dependent on the possibilities of supply and transport. Deadlines cannot give rise to damages, withholding or cancellation of orders in progress. However, if two months after the indicative date of provision, the product has not been supplied, for any reason other than a case of force majeure or circumstances external to RDC (such as strikes, frost, fire, storm flood, epidemic, supply difficulties, without this list being exhaustive), the sale may then be resolved at the request of either party; the buyer can obtain restitution of his deposit excluding any other compensation or damages. RDC will keep the purchaser informed in a timely manner of the cases and events listed above. In any event, delivery on time can only take place if the buyer is up to date with its obligations to RDC, whatever the cause.
ARTICLE 5: RECEPTION – ACCEPTANCE.
In all cases, the products travel at the risk and peril of the buyer to whom it belongs in the event of damage or failure to make all the necessary observations and to confirm its reservations by extrajudicial act or by registered letter with acknowledgment of receipt from the transporter within three days of receiving the products, in accordance with article L. 133-3 of the French Commercial Code. Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about apparent defects or the non-conformity of the product delivered with the product ordered or the packing slip must be made in writing within eight days of delivery some products. It will be up to the buyer to provide any justification as to the reality of the defects or anomalies noted. He will have to leave to RDC any facility to proceed to the observation of these defects and to remedy them. He will not intervene himself or involve a third party for this purpose. In the absence of a claim by the buyer within the period provided for in the above paragraph, the products will be considered as accepted by the buyer.
ARTICLE 6: RETURN – TERMS.
Any product return must be the subject of a prior and express agreement between RDC and the buyer. Any product returned without this agreement will be made available to the buyer, and will not give rise to the establishment of a credit. The costs and risks of return are always the responsibility of the buyer. Only the transporter chosen or approved by RDC is authorized to return products.
ARTICLE 7: RETURN – CONSEQUENCES.
When after checking an apparent defect or a missing item is actually noted by RDC or its agent, the buyer may only ask RDC to replace non-conforming products and / or the addition to be made to fill in the missing items, without the buyer can claim any compensation or cancellation of the order. The unconditional reception of the products ordered by the buyer covers any apparent and / or missing defect. Any reservation must be made under the conditions and within the time limits provided for in article 5 above. The complaint made by the buyer under the conditions and in the manner described by article 5 above does not suspend the payment by the buyer of the goods concerned. The responsibility of RDC can in no case be blamed for facts during transport, destruction, damage, loss or theft, even if it has chosen or approved the carrier.
ARTICLE 8: WARRANTY – EXTENDED.
The products are guaranteed against any material or manufacturing defect for a period of 5 years, from the date of delivery. Interventions under the warranty can not have the effect of extending the duration thereof. Under this warranty, the only obligation incumbent on RDC will be the free replacement or repair of the product or of the element recognized as defective by its services. Any product called to benefit from the guarantee must in fact be previously submitted to RDC’s after-sales service, whose agreement is essential for any replacement. Any shipping costs are the responsibility of the buyer. This warranty does not apply to gas or electric cylinders, box springs, mattresses and other accessories that may be sold with the lifting mechanisms. These elements benefit from their own warranty periods according to the legislation applicable to them.
ARTICLE 9: WARRANTY – EXCLUSION.
The warranty does not apply for apparent defects. The warranty only covers hidden defects. Hidden defect means a manufacturing defect in the product making it unsuitable for its use and not likely to be detected by the buyer before its use. A design defect is not a hidden defect and the buyer is deemed to have received all the technical information relating to the products of RDC. Defects and deterioration caused by natural wear or by an accident or event external to RDC (incorrect assembly, defective maintenance, abnormal use) or by a modification of the product not provided for or specified by RDC are excluded from the warranty.
ARTICLE 10: PRODUCTS.
RDC reserves the right to make any modifications that prove useful to its own products, without compromising its essential characteristics. In addition, RDC reserves the right to delete any model from the catalog of its products offered for sale, at any time, without this giving rise to dispute.
ARTICLE 11: PRICE.
The products are supplied at the DRC prices and prices in effect at the time of placing the order. The prices are understood to be net, without packaging, excluding transport and excluding taxes. The products are sold “at the factory” (EXW – Incoterms CCI 2010). All taxes, duties, or other benefits payable under French regulations, or those of an importing country or a transit country, are the responsibility of the buyer. Shipping costs are the responsibility of the buyer.
ARTICLE 12: INVOICING.
Only one invoice can correspond to each delivery. The product delivery exit date is the date of issue of the invoice.
ARTICLE 13: PAYMENT – TERMS.
Invoices are payable under the conditions set by the parties to the order and, failing this, before the removal of the products.
ARTICLE 14: PAYMENT – DELAY OR DEFECT.
In the event of late payment, RDC may suspend all orders in progress, without prejudice to any other action. Any amount not paid by the due date will automatically give rise, without prior notice, from the day following the scheduled settlement date, in accordance with the provisions of article L. 441-6 of the French Commercial Code, at payment of late penalties at an interest rate equal to 18% per year. In the event of non-payment forty-eight hours after receipt of a formal notice which has remained unsuccessful, the sale will be terminated as of right, if it seems good to RDC which may request interim proceedings for the return of the products, without prejudice to any other damage and interests. The resolution will affect not only the order in question but also all previous unpaid orders, whether they are delivered or in the course of delivery and whether their payment has expired or not. In the case of payment by commercial paper, failure to return the bill will be considered as a refusal of acceptance comparable to a default in payment. Similarly, when the payment is staggered, non-payment of a single due date will result in the immediate payment of the entire debt without notice. Any partial payment will be charged first to the Unprivileged Part of the claim and then to the sums the oldest of which is due. The buyer must reimburse all costs incurred by the contentious recovery of the sums due, including the fees of the Ministerial Officers.
ARTICLE 15: PAYMENT – GUARANTEE REQUIREMENT OR SETTLEMENT.
Any deterioration in the purchaser’s credit may justify the requirement for guarantees or cash or draft payment payable on sight, before the execution of orders received. This will be the case in particular if a change in the capacity of the buyer, in his professional activity, or if an assignment, rental, pledge or contribution of his business has an adverse effect on the credit of the buyer.
ARTICLE 16: RETENTION OF TITLE.
The transfer of ownership of the products sold is subject to full payment of the price at maturity by the buyer. Any contrary clause, in particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with article L. 624-16 of the Commercial Code. By express agreement, RDC may exercise the rights it holds under this retention of title clause, for any of its claims, on all of its products in the possession of the buyer, the latter being conventionally presumed to be those unpaid, and RDC may take them back or claim them in respect of all its unpaid invoices, without prejudice to its right to cancel the sales in progress. The purchaser may not, for any reason or reason whatsoever, proceed to the resale of the products acquired hereunder, until their price has not been fully paid to RDC. The provisions of this clause do not preclude the transfer to the buyer, upon delivery as provided for in article 3 above, of the risks attached to the products. Until the price has been paid in full, the buyer must individualize the products delivered and not assemble, transform or resell them. Otherwise, RDC may demand reimbursement of the products and / or take back those still in stock, without prejudice to any action for payment and / or compensation. In the event of seizure or any other form of execution or precautionary measure implemented by a third party, the buyer will immediately inform RDC so as to allow it to oppose it and preserve its rights.
ARTICLE 17: JURISDICTION – CONTESTATION.
For all disputes relating to the execution or interpretation of these conditions and the operations concluded pursuant to them, only the Commercial Court of PARIS will be competent. This clause applies, even in the event of interim measures, incidental claims, multiple defendants or warranty calls, and whatever the mode and methods of payment, without the clauses conferring jurisdiction which may exist on the buyers’ documents may impede the application of this clause.
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