SALES TERMS & CONDITIONS
1) GENERAL CLAUSES|
Our sales are subject to the general terms and conditions hereof which prevail over all conditions of purchase, unless otherwise formally and expressly specified by us.
2) OPENING OF AN ACCOUNT
To open a corporate account your banking details as well as your personal details (address, tel., fax, etc.) are required together with your VAT intracommunity number and SIRET number (French business number).
The first order entails a cash payment, then, subject to the credit line authorized, the conditions are extended to 30 days end of month as from the date of the invoice. Payment must be made by transfer.
Orders can be addressed to us by letter, fax or email. We do not send back an acknowledgement of receipt of an order unless there are disparities in price higher than your order, in reference or availability.
We donít ask for written confirmation of your order but if you were obliged to send us one, please write the word Duplicate in order to avoid double orders.
Otherwise, we would be obliged to deduct costs on the credit note following the return of the goods. Any cancellation of an order by the purchaser must be confirmed in writing.
The purchaserís order becomes final on the simple signed acceptance of the quotation, the offer or the contract. The quotations, offers or contracts are valid for 2 months. A cancellation of an order by the purchaser must be the object of written notification, within a 10-day deadline as from the order. If the purchaser cancels his order, the payments already made remain the property of the seller, without prejudice to damages. The seller can always revoke an order, without any justification or compensation, within a 10-day deadline. If a payment has been made by the purchaser, it shall be paid back to him.
We shall send to the address you have given us all the articles listed on your order, except those which are not available on the day of the processing.
Any delivery is binding and final and shall be invoiced, except in the cases provided for in Articles 6 and 7.
4) PRICE, PAYMENT CONDITIONS, PENALITIES
The prices are indicated in the currency indicated when the order is made, tax exclusive, plus VAT. They are guaranteed for the calendar year, for 30 days as from the date of the order.
Nonetheless, in the case of an obvious error, Teltec reserves the right to modify them without notice.
Conditions of payment:
Payment conditions are fixed 30 days end of month as from the date of the invoice, by transfer.
No discount is allowed for advance payments.
If the purchaser fails to pay all the sums due to the seller, the seller reserves the right, with or without notice, to suspend all
deliveries to the purchaser until the sums owing have been paid and to retake possession of the goods delivered.
The purchaser shall forfeit the benefit of the payment term and the company Teltec shall have the right to demand the immediate
payment of the balance remaining due.
The purchaser shall bear all the costs incurred by the seller for the recovery of the sums due.
In the event of late payment, the purchaser exposes himself ipso jure to the payment of interest on arrears equal to the ECB rate + 5 points, in accordance with the law on the new economic regulations (Law No. 2001-420 of 15 May 2001, published in Official Bulletin No113 of 16 May 2001). The company Teltec can moreover reclaim from the purchaser, as a penalty clause, an indemnity corresponding to 10% of the balance.
In the case of late payment, compensation shall be payable, in accordance with Article L 441-6 of the French Commercial Code, compensation calculated on the basis of three times the legal interest rate in force as well as a lump sum indemnity of 40 euros for recovery costs.
5) RETENTION OF TITLE
The seller retains the ownership of the goods sold until full payment of the principal and incidental costs has been made.
In the case of litigation or dispute on the part of the purchaser, no compensation, of any kind, can call into question the retention of title clause.
This provision does not preclude the transfer to the purchaser after delivery, of risks of loss and deterioration of the goods sold, as well as any damages they could cause.
In accordance with Law No. 90.335 of 12 May 1980, the goods sold remain the property of the seller until full payment of the price and its incidental costs (retention of title clause).
The delivery times are based on the conditions known on the date the invoice, the offer or the contract were made. The seller reserves the right to modify them in accordance with his supply and transport possibilities. In this case, any late deliveries made by the seller cannot give rise to the payment of damages, to late delivery penalties or to the cancellation of the contract. The deliveries, services and execution of work are carried out globally or partially, according to the order of arrival of supplies.
If the order has not been delivered or executed 30 days after the planned date, the sale can be cancelled at the request of one or other of the parties, except in the case of force majeure (which includes fire, strikes, the impossibility of obtaining supplies, any accident or other cause leading to the sellerís partial unemployment).
All the products benefit from a guarantee equal to that granted by the supplier, as from the date of our invoice.
Any claim must include details of the use of the product, the purchase date and the place the faulty component is located. We reserve the right either to replace this article or to issue a credit note for the value of the invoiced price.
Liability is just limited to the goods supplied by Teltec and does not apply to the damages, injury or loss of income resulting from a faulty component.
Conditions of application of the contractual guarantee:
The goods sold are guaranteed against any operational defect resulting from a flaw in the material, the fabrication or conception under the
The guarantee is excluded: if the material or faulty conception is the purchaserís fault, if the operational defect results from an intervention on the product carried out without due authorization, if the defective functioning comes from normal wear and tear or a defective installation or defective maintenance on the part of the purchaser, if the defective functioning results from a case of force majeure.
Execution of the guarantee:
The seller shall exchange or repair free of charge the parts recognized as being defective by his technical services. The replacement of parts does not mean the extension of the length of the guarantee indicated in the paragraph above. The guarantee following repair work only applies to the parts repaired.
Limitation of liability:
TELTECís liability and guarantee are limited strictly to the replacement in kind or in value of the components sold, to the exclusion of any material or immaterial or operational prejudice.
As a consequence, damage, injury, loss of income or increase in running costs which could arise from a defective component are not taken into account.
Nonetheless, if a claim is taken into account by TELTECís insurance company, this limitation is recorded in the amount of compensation paid by the said insurance company.
7) DEADLINES, RETURNS, LITIGATION, DISPUTES
You are strongly recommended to check your packages in the presence of the delivery man. In the case of material damage, no claim will be accepted if the facts are not recorded on the carrierís receipt.
The return shall be made free of charge, within a maximum deadline of 10 days as from the date of the reception of the goods in the customerís premises.
In order for the return to be identified, the customer shall ask Teltecís logistics service beforehand for an authorisation and a return number. This condition is required in order to proceed with the requested regularisations.
The products must be returned in their original, undamaged packaging (otherwise the return will not be accepted), together with the Teltec file number as well as the delivery slip or corresponding invoice within a maximum period of 5 days as from the setting up of the return.
The products returned shall be the object of a quality control before any decision is taken.
In the case of a return of goods by the customer, processing fees amounting to 30 euros tax exclusive are deducted. In the case of proven litigation, interest on late payment shall be suspended.
If a product needs repair work, a repair quotation shall be made. If this quotation is accepted, a purchase order shall be addressed to us. In the case of the refusal of the quotation, the cost of its drawing up shall be borne by the customer.
9) WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
In accordance with Article 18 of Decree 2005-829 of 20 July 2005 relating to the composition of electrical and electronic equipment (EEE) and to the elimination of the waste coming from this equipment, the organization and the financing of the collection and processing of waste from the professional EEE which is the object of this sales contract are transferred to the purchaser who accepts them. The purchaser ensures the collection of the EEE which is the object of this sale, its processing and its valuation, in accordance with Article 21 of the said decree.
The abovementioned obligations must be transferred by the successive purchasers until the final user of the EEE.
10) FORCE MAJEURE
Teltec shall not be liable for any delay or failure to execute its obligations in the event of force majeure, namely in the case of a natural disaster, bad weather conditions, fire, explosion, flooding, national strike, accident, rioting or civil unrest, an abnormal delay on the part of the supplier, or a shortage of products or material.
11) CANCELLATION CLAUSE
In the case of the non-execution of its obligations by one of the parties, the contract hereof shall be cancelled ipso jure for the benefit of the other party, without prejudice to the damages which could be claimed by the defaulting party. The cancellation shall take effect 10 days after the sending of a formal demand for payment which remains unanswered.
12) INFRINGEMENT OF PATENTS OR REGISTERED DESIGNS
The purchaser shall compensate the seller for any penalties or costs which could be incurred by the seller as a result of work carried out following patent or registered design specifications.
13) JURISDICTION CLAUSE
Any litigation related to the formation or execution of an order, or the interpretation of the contractual clauses, shall come under the exclusive competence of the Court in whose jurisdiction the registered office of the seller is located. This competence remains whatever the proceedings envisaged and whatever the number of claimants.