TERMS OF SALES
OFFERS, STUDIES AND PROJECTS
Acceptance of offers implies acceptance of these conditions.
The prices and information, particularly technical, given in our quotes do not bind us. We reserve the right to make any modifications or arrangements of shapes, dimensions or materials to the machines whose engravings and characteristics appear on our advertising materials.
We are not bound by any commitments that may be made by representatives or employees, unless confirmed by the management of our head office.
The supply includes exactly and only the equipment specified in the quote.
For additional supplies, prices and new deadlines are discussed specifically within the framework of a new contract. Under no circumstances can the conditions for these supplies prejudice those of the main order.
Study and travel costs are invoiced to the client.
Studies, plans and documents of all kinds, provided or sent by us always remain our property. They must be returned to us on first request.
In all cases, the plans, studies and documents are confidential. They cannot give rise to either communication or execution without our written authorization.
CONCLUSION OF THE SALE
Although final with regard to the buyer, and subject to the application of the provisions of the retention of title clause, the contract only becomes definitive with regard to the Giroudon SAS Company from the express acceptance by management of all the conditions of the order, or, in the event of silence, at the expiration of a period of 20 days from signature.
For sales involving a credit or leasing organization, our commitment only becomes definitive, under the conditions set out in the previous paragraph, after agreement from said organization and receipt by us of the documents conditioning its intervention. It is understood that the buyer undertakes, whatever the circumstances, to sign and resend the notice of receipt of the material as soon as it is delivered. In the case of leasing financing, the Finance Company replaces the customer for credit needs. This substitution does not in any way entail the abandonment of our rights regarding the validity of the order registered by Giroudon SAS.
The delivery time is ex-factory of the manufacturer and is given for information only.
A delay in delivery cannot give rise to any compensation or penalty payable by us. Under no circumstances can the buyer justify a change or cancellation of the order.
Unless expressly stipulated otherwise, delivery is deemed to be “delivered cleared at French border” for import equipment and “ex factory” for French equipment.
The purchaser bears the risks from delivery. All subsequent operations, even if they are our responsibility, cannot give rise to our liability in any capacity whatsoever. It is therefore up to the customer to check the goods on arrival and to exercise, if necessary, his recourses against the carriers, even if the shipment was made “free”. In particular, we decline all responsibility in the event that the goods arrive at their destination with damage or rust. Likewise, if shipment is delayed at the buyer's request or for any other reason, the material is stored and handled at the buyer's expense and risk.
Granting “free shipping” does not modify the above conditions in any way. A planned “free” delivery means material to be collected, either at the destination station in the case of transport by rail, or on the truck in the case of transport by road. All subsequent transport, handling, storage or other operations are naturally the responsibility, at the expense, risk and peril of the buyer.
These provisions in no way modify the payment obligations for supplies. They are not exclusive of the possible application of the retention of title clause appearing on the face hereof. In this case, and in the hypotheses specified above, the purchaser bears the same obligations.
The transfer of responsibility takes place upon delivery of the equipment to the Customer's premises or to any location indicated by the Customer. As such, the customer must insure the equipment, from delivery, for risks of all kinds including in particular theft, vandalism, fire, explosion, water damage including flooding, the storm, both for material damage and for non-material damage. The company Giroudon SAS cannot be held responsible for damage affecting the equipment as long as it is in the custody and control of the customer. On simple request, the customer must present to the company Giroudon SAS an insurance certificate