These general terms and conditions of purchase apply to all orders for products or services placed by companies in the Gérard Perrier Industrie group, namely ARDATEM, GERAL, GERARD PERRIER INDUSTRIE, SEIREL AUTOMATISMES, SOTEB and SOTEB NATIONAL ELEKTRO, with a supplier or service provider.
ACCEPTANCE OF ORDERS
The supplier’s acceptance of the order automatically entails its waiver of the right to rely on any general or special terms and conditions indicated in its offers, invoices, delivery notes or other sales documents and not included in the order issued by a company in the Gérard Perrier Industrie group or in the attached documents, which form an integral part thereof. All special and general provisions contained in the order are deemed accepted unless you issue written reservations within 48 hrs. Any reservations and restrictions expressed by the supplier after the issuing of the order may only be taken into consideration with the written agreement of the company concerned. The receipt or payment of deliveries or services does not constitute acceptance of the supplier’s terms and conditions of sale.
The deadlines indicated in the order are for goods delivered carriage paid to the delivery address stipulated in this order. Any late delivery will give rise to the application of penalties equal to 0.5% of the amount of the order per calendar day of delay.
PRICE AND PAYMENT
The cost of postage and packaging up to the place of delivery is included in the contract price. Payments are made 60 days from the invoice issue date, usually by VCom or otherwise by a banker’s draft that we have accepted and domiciled.
TRANSFER OF TITLE AND RISK
Goods are shipped at the supplier’s risk.
The transfer of risk and title takes place upon delivery of the goods covered by the order. No retention of title clause stipulated by the supplier will be valid unless agreed in writing by the company concerned.
The supplier warrants the products against any malfunction for a period of 18 months from the date indicated on the delivery note. The warranty covers the repair of parts, labour costs and shipping costs during the warranty period.
The supplier shall take out a professional indemnity insurance policy with a reputable insurance company. Apart from its legal liability as the seller, the supplier remains liable, as of right, for damage of any kind caused by itself, its employees or any other persons it may appoint to assist it or perform the agreement, to either the purchaser or any third parties in the course of any operation forming part of this agreement.
Acceptance of the goods upon delivery may not be deemed to release the supplier in the event that subsequent verifications reveal that the supplies received do not correspond to the order specifications or that the supplies are found to have been damaged.
Any non-compliant or defective product will be returned to you at your expense, unless indicated otherwise in the special clauses of the order. In the event of a delay, we reserve the right to terminate the order for remaining goods to be delivered, in full or in part, by sending formal notice to such effect by letter sent recorded delivery.
Any dispute arising in connection with the interpretation or performance of the order will be referred to the Courts of Lyon, including in the case of multiple defendants or third party claims.