COLT & RISS GmbH
Rommersberger Weg 5
D - 51789 Lindlar
Tel.: +49 (0) 2266 1266
Fax: +49 (0) 2266 4200
Web: www.colt-tools.com E-Mail: email@example.com
Geschäftsführer: Jürgen Miebach
Gericht Amtsgericht Köln Steuer-Nr.: 221-5736-3059
HRB-Nr.: HRB 37623 USt-Id.-Nr.: DE123239757
GENERAL TERMS AND CONDITIONS OF SALE
"We thank you for your order and confirm it under the exclusive application of our General Sales Terms printed overpage."
1 - GENERAL PRINCIPLES:
The current GeneralTerms and Conditions of Sale (hereafter referred to as "GTCS") shall prevail over any document from the Client, whatever other terms may be incluced in it: all orders placed with RISS imply unconditiona acceptance of RISS's price and current GTCS.
2 - OFFER - PRICE - ORDER
Prices and information given in the catalogues, tariffs and other documentation are only provided as a guide and shall not be considered as a binding offer. The contract only becomes binding when the order has been accepted. The Price shall be determined on the basis of the current tariff set by the Seller on the date of delivery. Failing such specification, all offers are considered valid for one month from their date of issue. All prices indicated are exclusive of tax. The prices indicated do not constitte the sales price to the consumer. A minimum order can be stipulated. The Seller may, however, accept orders for a lesser amount, in which case prices will be upwards accordingly. No order can be cancelled without the express consent of both parties.
3 - DELIVERY - SHIPMENT:
3.1 Prices are understood to be those applicable when the goods leave thefactory or sales outlet of the Seller, delivery or shipping charges are normally extra (Minimum 13 Euros). Free delivery is, however, granted for all orders over 300 Euros after deductions have been made for any reductions in price. Delivery is carried out from the factories or sales outlets of the Seller, any riskr involved, become from this moment, the responsibility of the Purchaser whatever shipping conditions prevail, even, it should be noted, if delivery is free. Any article which has been ordered specifically and which is not catalogued is subject to a delivery charge which may amount to as much as 10% more or less.
3.2 Delivery dates are only provisional and any possible delays cannot give the Consumer the rigjt to cancel the sale, refuse the goods, or claim compensation. Goods are shipped at the Consumer's own risk even if delivery is free.From the moment of delivery, the goods become the responsibility of the Client who must assume all risks whatever they may be, wheter due to unforeseeable circumstances, force majeure or the intervention of a third party.
3.3 The Seller will not accept any late delivery penalty unless he acknowledges responsibility for the delay in joint agreement with the Client. Late delivery cannot justify a cancellation of the order under any circumstances.
In any event, the Seller cannot be held responsible for any delay in delivery which may result from the following circumstances: non-compliance with the agreed payment conditions, failure, on behalf of the Purchaser, to provide all the information necessary for the execution of the order within agrees time limits, in the case of force majeure or events such as: general or partial strikes, lockouts, transport disruptions, fire, natural catastrophes, supply problems and more generally, any cause beyond the Seller's control.
4 - RECEIPTS - RETURNS:
4.1 The Purchaser checks the conformity and quantity of the goods on receipt of them. All examinations and tests demanded by the Purchaser relative to the receipt of the goods shall be the sole charge of the Purchaser must inform the Seller of any anomalies in conformity or quantity relative to the goods within 8 days of their receipt.
4.2 Any concerns or complaints about goods missing or damaged in transit should be noted on the delivery docket and communicarted to the delivery firm in accordance with the conditions laid down in article L.133-3of the French Commercial Code; that is to say by registered letter, with acknowledgement of receipt, to include a copy of the relevant delivery docket, to be sent within 3 days of receipt of the goods, under penalty of foreclosure, with a copy for our attention.
4.3 No goods may be returned without the express prior consent of RISS. Unless otherwise agreeed, the expenses incurred in returning goods, particularly transport costs, are the sole charge of the Client.
5 - CONDITIONS OF PAYMENT:
Invoice should be made payable to the Head Offices of the company RISS. Any first order should be paid for in cash. According to the LME (Modernisation of the Economy Art) of 04/08/2008, the time limit for the settlement of outstanding invoice between two parties should not be more than 45 days from the end of the month or more than 60 days from the dateon which the invoice was issued. If the limit of 45 or 60 days is not respected sanctions may be imposed according to article L.442-6, I, 7°C. com or discounted by 1,5% on receipt of the invoice. Failure to settle outstanding invoice will lead to the following actions
- RISS reserves the rigth to suspend all orders being processed, without renouncing other courses of action.
- All outstanding sums, whatever they may be for, will become due in full immediately, automatically and without notice.
- All outstanding sums, past their settlement date, will become immediately, automatically and without notice subject ato a late payment penalty to be calculadet on the total amount outstanding, and charged at five times the rate of interest current on the day the invoice was isseud and calculated in fortnighty periods from the first day the invoice was overdue. Notification of these penalties will be made in advance by registered letter. In the case of total or partial non-payment of the amounts owed by the Client, therefore obliging RISS to incur expenses to recorver the debt, the Client will be legally bound to pay RISS the sum of 40 Euro as stated in decree n°2012-1115 2nd October 2012, without in any way prejudicing RISS's capacity to claim comprnsation for the damage incurred.
6 - COMMERCIAL COOPERATION AND SEPERATE SERVICE:
The Client is solely responsible for services of Commercial Cooperation and Separate Service provided for RISS.
7 - CONDITIONS OF OWNERSHIP:
7.1 By explicit agreement, ownership of the goods provided remains the reserve of the Seller until such time as complete payment, hereafter defined as the receipt of all monies by cheque or other commercial means, has been effected. No other from of payment by means of a bill of excharge or title creating an obligation to pay will be recognised.
7.2 In the case of cessation of payment, in deed or in law, or in the case of whole or partial non-payment of an instalment, the Client has no right to use, transform or sell the goods which remain the property of RISS.
8 - CONFIDENTIALITY:
Confidential documentscannot be passed to a third party for whatever motive. They remain the propertyof RISS and must be returned on simple request. The Client agrees to keep all information provided by RISS as secret.
9 - INTELLECTUAL AND INDUSTRIAL PROPERTY:
The Client has no intellectual and indutrial property rights over the products, or over publicity materials, nor over the packaging as RISS remains the exclusive owner of all these rights. any use of the brand name "RISS" or other brand name belonging to RISS, in whatever way, by the Client, must be the object of a previous and exressly negotiated agreement.
10 - GUARANTEE:
The Seller agrees to replace any product found to be faulty within 6 months of its delivery date according to the contitions laid down below. In order to benefit from the guarantee the Purchaser must inform the Seller, without delay, of the faults perceived in the product and should provide all necessary proof to this effect.The guarantee becomes invalid in the following cases: use or storange of the tools in ways contrary to the advice given by the manufacturer or accepted practice, use for which the product has not been designed, negligence or anomaly in their conditions of use, modifications made to the tols. Recourse to the terms of the guarantee does not give the right to suspend the payment of instalments. The Seller's responsibility is strictly limited to the terms of the guarantee as hereby defined and does not extend to any compensation for immaterial or indirect damage.
11 - RESPONSIBILITY:
11.1 RISS can in no way be held responsible for any damage which may result from inapppropriate use of the products or for damage incurred as aresult of inappropriate storage conditions. The client may only hold RISS responsible if a fault can be proven. The Client agrees to inform his clients about the technical and regulatory characteristics of the products and their conditions of use. In all cases where RISS accepts responsiblity, compensation will be restricted to compensating for direct damage, of up to 10% of the purchase price, before tax, of the products concerned.
11.2 The Client is responsible for fixing and advertising his re-sale prices. He agrees to take responsible in any case of illicit practice with regard to pricing levels for RISS products.
12 - JUDICIAL STANDING:
The current GTCS are subject to French law, excluding any international convention. In the event of litigation, the couts in Saint-Etienne will have sole jurisdiction, whatever the place of delivery, method of payment accepted, even in the case of summary proceedings, incidental claims, or in the event being several defenders or the introdution of third parties. In any case, the provisions of the French Commercial Code Title IV of Book IV set out the mandatory rules which are applicable to all conracts designed for circumstances in which a client is supplied with products destined to be re-sold in France.