Paratronic general terms and conditions of sale

 

 

The name "PARATRONIC" refers to PARATRONIC S.A.S., a limited company with a capital of 877,088 Euros, registered in the BOURG EN BRESSE Trade and Companies Register under number 403 308 893, whose registered office is located at: Zone Industrielle - Rue des Genêts - 01600 REYRIEUX - FRANCE.

 

  1. Acceptance of these terms and conditions The buyer acknowledges having read, at the latest when placing the order, the terms and conditions of these terms and conditions and expressly declares to accept them without reservation. These general conditions of sale will prevail on all other conditions appearing in any other support, except preliminary, express and written exemption on behalf of PARATRONIC. These general conditions of sale are applicable for the whole of the contractual relations with PARATRONIC and in particular for all the operations of sale.

 

  1. Products PARATRONIC informs the purchaser of all the essential characteristics of the products offered, being specified that the photographs possibly presenting the products do not enter the contractual field. The prices mentioned on any support emanating from PARATRONIC are understood Net of tax (H.T.). PARATRONIC reserves the right to modify its prices constantly, being however specified that PARATRONIC is committed applying the price indicated at the time of the acceptance of the order.

 

  1. Order The order can be placed: - by e-mail: info@paratronic.fr ; - by post by means of an order form addressed to : Company PARATRONIC - Commercial service - Industrial Zone - Rue des Genêts - 01600 REYRIEUX ; - by fax by means of an order form addressed to 04 74 00 02 42 ; - by telephone : 04 74 00 12 70 from Monday to Friday from 8 am to 12.15 pm and from 1.30 pm to 7 pm. The buyer is bound by the information given at the time of his order. PARATRONIC cannot in particular be held responsible for the impossibility in which it could be to deliver the product in the event of error in the wording of the co-ordinates of the recipient. Any order remains subject to the acceptance of PARATRONIC. PARATRONIC reserves in particular the right to refuse any order of a person with whom would exist a litigation in particular because of the non-payment of a former order.

 

  1. Payment of the price The terms of payment are fixed at the time of the order. Failing this, the price is stipulated payable cash on delivery. Cheques, bills of exchange and promissory notes are only considered as means of payment from the date of their effective collection. In the event of staggered payments, failure to pay by a single due date shall result in the entire price becoming due and payable. Any delay in the payment of the price shall automatically entail the payment of interest calculated at the legal rate plus 60% from the due date. Failure to pay the price on the due date shall automatically entail, as a penalty clause, the payment of an indemnity equal to 10% of the VAT value of the products sold. In the event of non-payment at the expiry date, is also of right by the purchaser the refunding with PARATRONIC of all the expenses of bank, protest and formal notice as well as all expenses of procedure and execution exposed by PARATRONIC for the recovery of its debt. The above-mentioned costs and indemnities will be deducted from any partial payments. The present provisions relating to the payment of the price apply without prejudice to the possible application of those relating to the reservation of title clause.

 

  1. Delivery Delivery is made to the address defined by the buyer when ordering. Delivery times are indicative and no compensation will be due for delay except those expressly stipulated and accepted by PARATRONIC at the time of order. The risks of the sold thing are transferred to the load of the purchaser as soon as the ordered products left the buildings of PARATRONIC, transport being always with the risks and dangers of the purchaser. Before any signature of the delivery note of the conveyor, the purchaser is held to check the conformity of the products delivered to the statements of the delivery note, the number of parcels, the nature and the apparent state of the goods. The buyer must indicate on the carrier's delivery note - on pain of automatic forfeiture of any recourse against the carrier - the nature and extent of any defects and damage due to transport that he may have noticed. These reservations must be precise and significant, that is to say, they must clearly show the nature and extent of the damage caused to the equipment, case law showing that the following statements are considered insufficient: "Subject to unpacking"; "Acceptance subject to quality and quantity control" and, in general, "the reservations taken as a whole without indicating the nature of the damage and its extent". The buyer must confirm his precise and motivated protests to the carrier by registered letter with acknowledgement of receipt within 48 hours following delivery, failing which he shall be automatically forfeited. Copy must be transmitted to PARATRONIC for information.

 

  1. Reserve of property The transfer of property of the bought products is subordinated to its integral payment, the sold products remaining the property of PARATRONIC as long as the price will not be completely paid. The extensions of maturity possibly granted to the purchaser will be obligatorily accompanied by the same clause of property reserve to which the purchaser submits himself in advance. In the absence of payment of the price at the expiry date, PARATRONIC will be able to claim the products delivered eight days after formal notice to pay unsuccessfully. The action in revendication will have to be notified to the purchaser by registered letter with acknowledgement of delivery. The products must be returned by the buyer at his expense and risk within a maximum period of eight days of receipt of the notice of claim. In the absence of restitution, a definitive penalty of 1% per day of delay calculated on the VAT value of the goods sold will be automatically applied until full restitution. In case of receivership or liquidation of the buyer, the claim will be exercised immediately, without compliance with the formalities referred to in the previous paragraph, but under the same conditions of penalty payment. The claim shall automatically charge the purchaser with the costs of transport and return and, in the event of use of the products sold, the costs of cleaning and repackaging, as well as an indemnity for use equal to 50% of the VAT value of the goods sold, calculated per month, from the day of delivery to the day of return. The above-mentioned costs and indemnities will be deducted from any partial payments. This reservation of ownership does not prevent the transfer of risks as provided for in Article 5.

 

  1. Responsibility The products offered for sale by PARATRONIC benefit from the legal guarantee of the defects of the sold thing which the salesman is held by application of articles 1641 and following of the Civil code. PARATRONIC cannot be held responsible for damage of any kind, whether material, immaterial or corporal, which could result from a malfunction or misuse of products sold. The responsibility for PARATRONIC will be, in any event, limited to the only amount of the order.

 

  1. End of life of the products in the framework of the European directive 2002/96/CE of January 27, 2003, relating to the waste of electrical and electronic equipment (WEEE Directive) which was transposed in France by the Decree n°2005-829 of July 20, 2005, the electrical or electronic devices put on the market by PARATRONIC, as well as their spare parts and consumables must not be thrown in the household waste. PARATRONIC has set up an Individual Collection System and will take back and process these products free of charge, either at the place of use from a collection point accessible with a vehicle equipped with suitable handling equipment, from a threshold of 500 kg, or at the point of sale. In this last case, they are to be returned, by the customers (End Users), to the address of the head office to the WEEE recycling service.

 

  1. Litigation All the litigations between the purchaser and PARATRONIC will be of the exclusive competence of the Commercial court of LYON and will be subjected to the French law.