Clause 1: Purpose
The general conditions of sale described below detail the rights and obligations of Environia SAS and its customer in connection with the sale of goods both complete units and spare parts and / or spare parts. Any service performed by Environia SAS therefore implies the buyer’s unreserved acceptance of these general conditions of sale.
Clause 2: Price
The prices of the goods sold are those in force on the day of the order. They are denominated in euro and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. Environia SAS reserves the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when registering the order.
Clause 3: Rebates and rebates
The proposed rates include the discounts and rebates that Environia SAS would have to grant in view of its results or the assumption by the buyer of certain services.
Clause 4: Discount
No discount will be granted in case of early payment.
Clause 5: Terms of payment
Payment for orders is made by bank transfer or check.
When registering the order, the buyer must pay a deposit of 30% to 70% of the total amount of the invoice, the balance to be paid upon receipt of the goods.
Clause 6: Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Environia SAS a late payment penalty equal to three times the legal interest rate. The legal interest rate retained is that in force on the day of delivery of the goods. This penalty is calculated on the amount including VAT of the amount remaining due and
runs from the due date of the price without any prior formal notice being necessary.
In addition to compensation for late payment, any sum, including the deposit, not paid on its due date will automatically produce the payment of a fixed compensation of 40 euros due in respect of recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause 7: Termination clause
If within fifteen days of the implementation of the ”Late payment” clause, the buyer has not paid the remaining sums due, the sale will be automatically resolved and may give rise to the right to the award of damages for the benefit of Environia SAS.
Clause 8: Retention of title clause
Environia SAS retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a receivership or liquidation, the company Environia SASU reserves the right to claim, in the context of the insolvency proceedings, the goods sold and remained unpaid.
Clause 9: Delivery
Delivery is made:
· either by the direct delivery of the goods to the buyer.
· or at the place indicated by the buyer on the order form.
The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the buyer to:
· the award of damages.
· cancellation of the order.
The risk of transport is borne in full by the buyer.
In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail of receipt.
Clause 10: Force majeure
The responsibility of the company Environia SAS cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n11: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Court of Commerce of Limoges.