All orders automatically include acceptance of the following general conditions and, where applicable, the specific conditions specified at the time of the order.
The offers are valid within the limit of the option period which, unless otherwise stipulated, is one month from the date of submission of the offer. The information on the catalogs, notices are given for information only, the seller may have to modify them at any time and without notice.
Any particular clause or condition of purchase appearing on the customer’s order form, which would be in opposition to the present conditions, would be considered null and void. No addition, omission or modification to any of the provisions of these conditions of sale shall be binding on the seller, except in writing. In the event of any modification (designation, quantity, …) of an order already received and confirmed by the seller, the conditions previously granted cannot be renewed without the seller’s agreement. Except, for cash sales, the seller reserves the right to refuse any order of less than € 80, this amount may be modified by circular.
3. Cancellation or reduction of order
3.1. Special products or developed for the customer
– Any product or task that can be completed within 60 days of the notification date will be completed, sent and paid in full.
– For all other products or tasks in progress, all materials and supplies purchased or for which final commitments in relation to the order were made by the seller, the buyer will pay the seller all costs, losses and expenses. This includes, but is not limited to, the cost of materials, supplies, wages, cancellation of commitments relating to or arising from the termination or modification of production. These costs will be determined according to usual accounting practices, plus 20%.
3.2. Standard products:
The buyer will pay a percentage of the price based on the cancellation date:
– 60 days or more in relation to the agreed date of dispatch: 0%
– between 30 and 60 days: 15%
– less than 30 days: 30%
If the order includes materials that the seller buys outside, such as PCs, lenses, laser, fiber optics, filters or other products that the seller cannot resell to another customer, the seller reserves the right to charge the commodity prices, plus 20%, representing the costs incurred.
These goods will be provided to the customer after receipt of payment.
Prices quoted are based on prevailing economic conditions and supplier tariffs. If these conditions change (duties, taxes and tariffs, exchange rates, …) the prices charged may vary according to the evolution of these conditions.
The buyer agrees to scrupulously respect the confidentiality of the documents placed at his disposal (price offer, technical specifications, …).
6. Delivery times
The expected delivery times are given as an indication. Delays cannot in any way justify the cancellation of the order, any compensation or the application of late penalties. The seller is automatically released from any commitment of delay relating to his deliveries and reserves the right to suspend it:
– in the event that the agreed terms of payment have not been observed by the customer;
– in the case where technical or commercial information, specifications, etc. to be provided by the customer would not be received in a timely manner by the seller;
– in the event of force majeure or technical events such as: social conflicts, epidemics, war, requisition, fire, flood, earthquake, tooling accidents, major rejection of parts during manufacture, interruption or delay in transport or any cause bringing total or partial unemployment to the seller or his suppliers, …
Among other things, it is considered as a case of force majeure, the eventual ban on exportation enacted by the government of the country of origin of the equipment.
7. Transport and deliveries
No recourse may be exercised against the seller, forwarder or carrier for loss, damage or damage to the goods if a finding with irrefutable probative value has not been sent to the carrier or freight forwarder within a maximum of two days and formally notified to the seller within the same period. Accessibility and layout of premises intended to receive heavy and bulky equipment are to be provided in due time by the client; under no circumstances will the seller bear the burden. Our prices are quoted leaving our premises, the port and the packing being charged at a flat rate, except special agreement.
8. Return of goods
No goods can be returned without the prior agreement of the seller. The return only concerns equipment that has not been altered or tampered with and must be made in the original packaging. The costs of transportation and possible re-stocking are the responsibility of the customer.
9. Retention of title
The goods listed and determined within the invoices issued by Glincs will remain the property of the seller until full payment of their price by the customer, notwithstanding the acceptance of any commercial paper. The customer is prohibited from disposing of the goods in any way whatsoever, until the fulfillment of this condition.
In the meantime, the goods will have to remain individualized in the warehouses or workshops of the customer. The risk of loss or destruction will be borne by the latter.
10. Payment terms
Any request to open an account must be accompanied by usual banking and commercial references. Unless special conditions, payments are due thirty days end of month billing date.
The bills subject to acceptance and the promissory notes must be drawn up or returned within the time prescribed by the Commercial Code.
11. Failure to pay
Any late payment automatically entails the payment of interest at a rate reduced to the month, corresponding to the bank base rate in force at the time the delay is recorded, plus 50%, in addition to the collection costs. This provision being formally and irrevocably agreed between the parties will not require any prior notice. In the event that the seller grants a deferral of maturity, there would be no novation of the debt. In the absence of payment of a single term (or a single draft at maturity) all the sums due by the customer to the seller will become immediately due. The sale will become perfect and translative of ownership only during the global settlement and perfect invoices.
Unless otherwise stated, the warranty is one year from the date of delivery and applies only to the delivered material. The customer must refer in all cases to the proposals made by the seller. During the warranty period, the latter undertakes to make free any exchange of recognized parts defective by him. Unless otherwise agreed, this exchange will not extend the duration of the warranty for all equipment. The warranty does not cover replacements or repairs that would result from normal wear and tear of the units; damage or accidents resulting from negligence, lack of supervision, maintenance or storage; handling or use not in accordance with the specifications of the seller or the manufacturer. The guarantee will not apply when any repair or intervention of a person outside the seller’s after-sales service has been found. In any case, the seller cannot be held responsible for the direct or indirect consequences on people or property, of a failure of a material sold by him. No compensation can be claimed for this reason in any way whatsoever, including the deprivation of enjoyment.
13. Export of material by the customer
Due to regulations in force, the buyer expressly agrees to obtain the written agreement of the seller and the authorities prior to any export or re-export, outside the territory of Metropolitan France of the sold equipment. The seller considers himself released from any obligation and responsibility if this prior authorization procedure was not observed by the customer.
In case of dispute of all or part of these conditions of sale as for all those that may arise from the execution of any order, it is made jurisdictional to the Commercial Court of the head office.