1. General purpose
Any sale accepted by A Puissance 3 is submitted to the acceptance, by the purchaser, of the here quoted Sales Conditions in which A Puissance 3 is called the “Vendor” and the author of the order is called the “Buyer”. Unless otherwise specified by a special written appendix signed by only authorised people of A Puissance 3 and by the Buyer, stating that the Vendor accepts special sales conditions, the Buyer will accept all the General Sales Conditions, whatever the Buyer Purchase Conditions may be.
2. Sales Contract
Sales Contract is said to be valid when:
- The Buyer accepts all the Conditions defined in the Vendor’s Proposal,
- The Buyer accepts all the Conditions defined and confirmed in the Vendor‘s acknowledgement receipt, when the Buyer has modified the Proposal. Unless otherwise specified, our Proposal is valid one month from the date of issue.Sales to countries members of the European Community: your VAT Community Code Number must be given on each order.
3. Prices
Goods and services are invoiced as per price list valid on the delivery date. Prices are given in euros (€) excluding taxes, including standard road packing and ex-works our factory in F-33650 Saucats. Prices do not include EEE end of life treatment, this service will be quoted when useful, and the needed instructions for dismantling and recovery will be available.
4. Delivery time
Delivery times are given by the Vendor as an indication and submitted to possible variations. The Vendor shall always try to respect the delivery time but any delay should occur, there would not be any reason to an order cancellation or penalties invoice. Any commercial item including delay penalties chargeable by the Buyer to the Vendor would not be applicable as the Vendor only accepts his own General Sales Conditions.
5. Transportation of Goods
Goods are travelling at the Buyer’s risk even for C&F shipments. The Consignee or the Buyer is in charge to check the goods at reception and to submit any Transportation Complain Report against the freight forwarder company.
6. Payment
Unless otherwise specified on the Vendor’s Proposal Payment terms are 30 days net from the date of invoice, even in case of several down payments. Discount for anticipated payment pro rata calculated at the monthly rate of 1%. In the following cases, invoices are submitted to instant payment without discount :
- When the Buyer places his order by A Puissance 3 for the first time,
- For following services invoices: repairs, technical training, on-site technical assistance, calibration, miscellaneous services. Any delay in payment will generate a simple recall letter with acknowledgement receipt stating:
- Penal interests: rate is 1.5% of the due amount per entire or partial month,
- Instant payment of all outstanding invoices,
- All deliveries and technical assistance will be immediately stopped,
- Immediate issue of new payment conditions defined in a Particular Sales Conditions Appendix.
Export sales: whatever the payment type is, it is here clearly stated that all the currencies change costs and bank transfer or draft costs remain at the Buyer’s charge.
7. Guarantee
The Vendor guarantees goods for a period of one year from the delivery date. This guarantee is submitted to a correct use of the apparatuses as described in the specification data sheets and the instruction manuals. A Puissance 3 will not apply any guarantee procedure in the case apparatuses would have been repaired or modified by the Buyer or any person placed under his responsibility. Any claim for any loss of any kind will not be accepted (as for example: other materials failures, production stops or losses, costs of transportation and so on.) This list is non-exhaustive.
8. Property
Delivered goods remain the entire property of the Vendor until they are fully paid by the Buyer. (French Law n°80-335, dated May 12th, 1980). If the goods are not paid at the due date, A puissance 3 will can demand at any time return of the delivered products, at the buyer’s charge and whatever the holder.
9. WEEE Directive 2002/96/EC
- French application decree 2005-829 The seller ensures on French area to organize collection and treatment for waste electric and electronic equipment, sold and listed in annexe 1 of the directive, in accordance with the terms of the directive and its application decree related waste electric and electronic equipment applied the date of the sale. Successive professional sellers will have to transmit this information to the successive buyers. When the customer decides to waste his electric and electronic equipment, he informs the Seller and follows collection methods defined in the service offer established at this moment. The Customer will be able to also ensure this treatment of waste and will commit to respect instructions given by the Seller allowing the dismantling and potential reuse of the products. If the Seller cannot realize his obligations because of the Customer, this last is held to satisfy the obligations related to the waste disposal and assumes the liabilities as well as the penal sanctions concerned.
10. Claims
Any complain should occur, the Tribunal de Commerce of Bordeaux is the only Court valid whatever the Sales Conditions are, even for financial guarantees calls or against/in front of several defenders.