The goods are always sold at DEGAMI Headquarters. They are payable to CHARENTON. The wording of the drafts or the acceptance of particular conditions of payment do not operate either derogation or novation to this clause which implies attribution of jurisdiction to the competent courts of Val de Marne.
By express agreement and without DEGAMI's written agreement, failure to pay for its supplies at any given time will entail, without notice or other formality and regardless of the method of settlement provided for, the forfeiture of the term, the immediate payment of the claims, expired or to expire and the application as a penalty clause, without prejudice to damages and legal costs, of a rate equal to one and a half times the rate of legal interest (Law No. 92-1442 of 31.12.1992) increased to 15% in the case of recovery by litigation. Photos and videos are provided for illustration.
Items contained therein may differ from the product delivered. None of the clauses carried by the Purchaser on the purchase orders or in correspondences can not modify, without agreement of the Direction of DEGAMI, the present general conditions. Any order, in any form, implies the acceptance of these presents, which replace, as of June 1st, 2006, the present general conditions.
ACCEPTANCE OF ORDERS
Orders registered by agents or DEGAMI representatives are valid only after confirmation from DEGAMI management. The delivery times are indicative and commit DEGAMI only to make every effort to respect them. In no case may a delay give rise to cancellation of order, penalties or damages.
Rates shown in this catalog are not final and may be subject to change during the year. The prices charged are those corresponding to the rate in force at the time of shipment or delivery. RESERVATION OF PROPERTY (law N ° 80-335 of 12.05.1980)
All sales of DEGAMI are concluded with retention of title deemed accepted by the Buyer. As a result, the transfer to the Buyer of the property of the goods sold is suspended until full payment of the price. In the case of a check, bill of exchange or other payment medium, the payment will be deemed to have been made only at the time of actual receipt. RISK
The risks are borne by the Buyer upon delivery of the goods sold with or without retention of title. He shall not insure, at his expense, risks and perils, conservation, insurance, maintenance and use. He will be responsible for any damage caused by the goods upon delivery. The Seller's repossession of the goods, particularly in the event that DEGAMI enforces the retention of title clause, imposes upon the Buyer the obligation to repair the damages resulting from the depreciation, and in any event the unavailability of the goods. goods concerned. Consequently, the Buyer shall, as a penalty clause, pay an indemnity of 1.3% of the agreed price per month of ownership of the repossessed property.
Until the receipt of the full price, the Purchaser remains the depository of the goods and guarantees their good conservation. Any complaint to DEGAMI concerning the nature, the quantity or the quality of the delivered products will be able to be accepted only if it is formulated in writing to the Head office within 8 days following the reception.
Whether the shipment is done by postage due or postage paid, the goods always travel at the risk and peril of the Buyer. The expression "FRANCO DE PORT" only indicates that the shipping costs, and not the risks, are the responsibility of DEGAMI. The FRANCO DE PORT can be granted, on request, for any order of consumables or small materials deliverable in Metropolitan France and for an overall amount of at least 495.00 Euros (except spare parts, repairs and gold).
CASE OF FORCE MAJEURE
In the event of force majeure or events such as lockouts, strikes, epidemics, requisitions, fires, floods, equipment accidents, major rejects during manufacture, interruption or delay in transport, any cause leading to total unemployment or partial for DEGAMI or its suppliers, DEGAMI is automatically released from any specific commitment relating to the delivery time.