TERMS AND CONDITIONS OF SALE

1- Controls

Placing an order implies formal and unreserved acceptance of our general terms and conditions of sale, which shall prevail in all cases over any contrary provisions emanating from the purchaser; any non-compatible stipulation appearing on the latter's document shall be presumed revoked by the contract binding him/her to us, unless it is the subject of a prior written and signed agreement.
In the event of cancellation of the order by the purchaser, the deposit paid will be retained by CHAUVIN-MECAGRAPHIC SARL as compensation.

2- Rates

All our prices are exclusive of tax, ex our workshops or those of authorized distributors or subcontractors.
Our goods are invoiced at the prices indicated on the order, unless subsequently modified in agreement with both parties, VAT being paid on debit.

3- Deliveries

The delivery times indicated on our price quotations and order confirmations are given purely as an indication, without any commitment on our part; any delays do not give the purchaser the right to cancel the sale, refuse the goods or claim damages. CHAUVIN-MECAGRAPHIC SARL is released from its obligation to deliver in the event of fortuitous events, force majeure or events such as total or partial strikes or lock-outs by our manufacturers, war, flooding, interruptions or delays in transport or customs, lack of fuel, etc. This list is only indicative and not limitative.

4- Risk transfer - Liability

Shipment is deemed to have taken place as soon as the goods leave our workshops, i.e. as soon as they are taken over by the customer or the carrier. It therefore travels at the consignee's risk, whatever the mode of transport or the negotiated terms of payment (carriage paid or carriage forward); the consignee must therefore carry out all necessary checks, issue reservations on receipt, and exercise any recourse against the carrier if necessary.

5- Receiving goods

All our shipments of goods are normally covered by the carrier's insurance. The customer is therefore requested to check the condition of the parcel or goods on arrival, and to make the usual legal reservations if necessary. In the event of a complaint, it is important to formulate precise and characterized reservations (open or torn parcel, number of parts received and not missing, traces of impact, overturned parcel or pallet, damaged paintwork, list of damaged parts...). Note that formulas such as "subject to unpacking, counting or breakage..." are not legally acceptable. All these reservations must be confirmed within 48 hours of receipt of the goods, by registered letter with acknowledgement of receipt to the carrier. A copy of this letter must be sent to us.
Please note: Registered letters without prior reservations on the delivery receipt cannot be taken into account. The customer must therefore be particularly vigilant, as insurers are intransigent in this matter.

6- Payment

Payment terms: Our goods (industrial consumables, machine spare parts, items and components manufactured in our workshops, tools and accessories) are payable by the due date indicated on the invoices, by cheque, bank transfer or bank credit. Manufactured parts and machines are subject to a deposit of 25% required at the time of order (see chapter 1 above). Professional training services, if not invoiced directly to an OPCA, must be paid by cheque or bank transfer at the end of the said service and on presentation of the attendance sheet duly completed and signed by the trainees for whom the training service was provided.
Payment discount: We do not grant discounts for early payment.
Late payment penalties: Any invoice not paid on time will be increased by 1.5% per month starting from the first month, after formal notice has been sent by registered letter with acknowledgement of receipt. In addition, a penalty clause of 10% may be applied for contentious collection. In the case of machines, a suspension of the warranty and technical support will be systematically pronounced from the 3rd month of late payment, and notified to the creditor by registered letter + acknowledgement of receipt.

7- Retention of title

In accordance with the terms of law N°85-98 of January 25, 1985, we reserve ownership of the goods sold until effective payment of the full price in principal and accessories. The delivery of a document creating an obligation to pay on time (draft or other) does not constitute payment within the meaning of this clause. Failure to pay all or part of a single monthly instalment will automatically entail the repossession of the equipment by CHAUVIN-MECAGRAPHIC SARL. The above provisions do not preclude the transfer to the purchaser of the risk of loss or deterioration of the goods, or of any damage they may cause, from the date of delivery. This clause is accepted at the time of order, with an extension of damages in the event of the return of equipment having suffered damage during commissioning.

8- Warranty

Machines: The warranty on new machines sold by CHAUVIN-MECAGRAPHIC SARL is limited to the replacement or supply of manufacturer's parts within the limits applied by our manufacturers. The warranty period is generally two (2) years. Labour, travel and accommodation costs are not covered by the warranty, unless otherwise stipulated, and remain the responsibility of the customer. Under no circumstances may our liability be substituted for that of the manufacturer for manufacturing defects or faults and their possible consequences.
Manufactured parts : The warranty is limited to manufacturing defects not detected in our workshops (material cracks, oxidation, non-conforming appearance, dimensional tolerances not respected). In this case, parts will be taken back and exchanged after issuance of a credit note corresponding to the amount invoiced, excluding shipping and handling costs, and after receipt of an inspection report from the customer mentioning and justifying the non-conformity. In the case of gears and transmission components, no warranty is valid, and no claim or request for replacement can be accepted, since the parts we manufacture are intended for use in competition, and are therefore subject to unusual mechanical constraints and very specific endurance tests.

9- Compliance - Visit

All new machines are delivered with a CE certificate of conformity issued by the manufacturer.
Used machines are delivered with CE self-certification, in compliance with current regulations. Any request for additional verification by an organization must be made on our premises before delivery of the equipment; this additional inspection will be invoiced. After delivery to the user, for any notification of additional protection, the inspector will have to justify very precisely in his report the standard to which he refers. Any such modifications will be charged to the customer.

10- Jurisdiction clause

In the event of any dispute relating to the execution of a sales contract, payment of the price, interpretation or execution of the clauses and conditions set out above, the Commercial Court of Lons le Saunier shall have sole jurisdiction, irrespective of the place of delivery, even in the event of a warranty claim or plurality of defenders.