01 - ESTIMATES - ORDER FORMS - INVOICES
Our estimates, order forms and invoices contain our general conditions of sale.. The general conditions of purchase and payment which may appear on our customers' order forms are deemed null and void as regards us.
02 - CONSTITUTION OF THE ORDER
The execution of orders is subject to the total and unreserved acceptance of the order forms signed by the customer. Any further supplies will call for separate order forms and extra invoicing, accepted under the same conditions as above. Orders do not become effective until our agreement is signified by acknowledgement of receipt. No cancellation or return of material is valid without our written agreement. In such case the return must be carriage paid.
03 - DELIVERY TIMES AND CONDITIONS
Delivery times are given as an indication. Under no circumstances can lateness in supply, whatever the cause, give rise to cancellation of the order given nor to payment of damages.
04 - PRICES
Are stated ex our quarries, carriage and packing extra. They are valid only for orders which reach us within (x) weeks of the drawing up of the estimate. They may be revised depending on the delivery times required and on economic variations.
05 - GUARANTEE
The guarantee on our products is limited to the replacement of products delivered in defective condition, and with respect to which a complaint has been made to us. For all our materials in the event of latent and recognized defects, our guarantee is limited simply to the replacement of defective products, and excludes any indemnity as to related costs such as removing and re-laying materials, or any payment of damages because of immobilization or any other cause. Under no circumstances can our responsibility be involved further than that of our suppliers. Our materials ere extracted in the quarry, and the colours and shades vary depending on the place of extraction and cannot be guaranteed from one delivery to the next, Sandstones and limestones are not guaranteed against frost.
06 - TRANSPORT AND DELIVERY
In the event that our goods are delivered by transporter, they travel at the recipient's risk. It is for the customer to check the said goods on delivery and to express all necessary reserves to the transporter who alone is responsible for any lacks or damage.
07 - CONDITIONS OF PAYMENT
Our conditions of payment are deemed to be cash except in the case of a special agreement drawn up and signed between ETC MEN ARVOR and its customer. In the case of payment by bills, these must be returned to the SA MEN ARVOR within 8 days duly accepted and signed.., in accordance with article 124 of the Commercial Code, Chapter 1, "The Letter of Credit". Refusal entails as of right the falling due of the sum to be paid and in this case is equivalent to non-payment.
08 COMPLAINTS - RESERVATIONS
All justified complaints and claims must be made by registered letter with recorded delivery within 8 calendar days of receipt.
09 - PAYMENT
In the event of late payment for any cause whatsoever and in accordance with article 7 of our general conditions of sale, all sums outstanding will be come immediately payable, even if delayed payment has been granted for some of them.. All transactions or orders signed which are currently being executed will naturally become automatically null and void. By virtue of article 1254 of the Civil Code, any payment made towards the capital and interest but which is not total will be counted fist against the interest.
The remaining principal will be increased by 18% by virtue of the penalty clause and by 1.5% interest per month of lateness by virtue of article 1229 of the Civil Code with a minimum of 250 F.
Furthermore, if our legal department takes action, the costs of recovery will be at the debtor's expense, as will the costs of any legal proceedings if these occur.
10 - CLAUSE OF RESERVATION OF OWNERSHIP
In conformity with the law currently in force, the goods and equipment delivered remain the property of SA MEN ARVOR until complete payment of their price together with any sums which are extra to and connected with the price