Terms of sale
GENERAL CONDITIONS OF SALE
APPLICATION OF THE GENERAL CONDITIONS OF SALE
These General Conditions of Sale apply to all sales of products between the Company and all professional customers (excluding any consumer within the meaning of applicable regulations).
Placing an order for our products implies the customer's full and unreserved acceptance of these General Terms and Conditions of Sale. Any contrary condition imposed by the customer will, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to its attention.
PRICES AND QUOTES
The Company undertakes to provide any person who requests it with a list of its current rates. However, these rates are subject to change at any time in order to take into account, in particular, the cost of raw materials, labor, manufacturing and currency fluctuations.
All prices are inclusive of all taxes (TTC) and exclusive of 'shipping and packaging', which must be paid in addition by the customer to Nautiko when choosing delivery, during payment.
The Company undertakes to keep its written quotes firm and definitive for a period of fifteen (15) days as indicated on each quote concerned.
PAYMENT TERMS
The price of the products is payable in cash at the latest, when ordering the products.
However, for customers who have an account in the Company's books and who have not been subject to a payment incident, a payment period of thirty (30) days following the invoice date may be granted to them.
Any amount not paid by the due date becomes immediately due without prior formal notice and automatically gives rise to the payment of a late payment penalty equal to 2% per month of the amount due from the due date. Any month started gives rise to the application of the penalty. Reminder and recovery fees will be charged.
The Company also reserves the right to suspend deliveries until full payment of arrears and accessories.
CATALOGUE, CHARACTERISTICS AND DIMENSIONS
Documentation for all our products is provided upon request.
However, the Company is only committed to the technical characteristics indicated in the written quotes accepted by the Parties.
Certain technical characteristics appearing in the catalog are given for information purposes only and may be modified at any time without incurring any liability on the part of the Company.
Given the multitude of media and the numerous conditions relating to the use of the products, the customer is required to check, prior to ordering, that the products chosen and their assembly correspond perfectly to the use he wishes to make of said products. It is therefore up to the customer to request all useful information on the technical characteristics.
SHIPPING
All our prices are ex-La Rochelle (17), shipping and packaging extra (unless otherwise stated) in the quote.
The Company declines all responsibility for loss, direct or indirect damage or deterioration during shipment, the products traveling at the risk and peril of the recipient.
It is the customer's responsibility to check the condition of the products upon receipt.
The Company may, however, exercise legal recourse on behalf of the customer against its carrier in the event of damage or loss noted by the customer upon receipt of the products, provided that the Company is notified within three (3) days in the event of damage and within fourteen (14) days in the event of non-delivery.
RECEIPT OF PRODUCTS
Without prejudice to any arrangements to be made with the carrier, it is the customer's responsibility to check upon receipt that the products comply with the order placed or the shipping slip. Any complaint from the customer to the Company in the event of non-compliance of the products must be made, failing which any action relating thereto will be forfeited, by any appropriate means within forty-eight (48) hours of receipt of the products. In the event of missing products duly noted by the Company, the latter undertakes to provide the customer with the missing products. Any return of non-compliant products must be the subject of an express agreement between the Company and the customer. The costs and risks relating to the return of said products are the responsibility of the customer. In any event, no return will be accepted after a period of seven (14) working days following the date of delivery of the products concerned. After examination by the Company of the returned products and in the event of non-conformity duly noted by the Company, the Company will have the sole obligation, and this to the exclusion of all damages, at its free choice, to replace the non-compliant products with compliant products or to proceed with the resolution of the order concerned and to reimburse the customer accordingly.
LIABILITY AND WARRANTIES
Each of our products is intended for a specific use. The customer must therefore ensure that they are used in accordance with their intended purpose and request all necessary information from the Company. In any event, the Company is in no way liable for damages of any kind caused, directly or indirectly, by improper handling or use of the products by the customer and/or by any failure by the customer to comply with legal and regulatory provisions.
The products are guaranteed for a period of twelve (12) months from the invoice against any manufacturing defect, provided that the company is notified in writing within a short period of time from their appearance (within two weeks) so that it can replace or repair them.
This warranty will only apply if the products are returned postage paid and no assembly or reassembly costs for any reason whatsoever will be borne by the Company.
RETENTION OF TITLE CLAUSE
It is expressly agreed that the products and their accessories remain the property of Nautiko until full payment of the sale price by the customer; any clause to the contrary is deemed unwritten. In this regard, the delivery of bills of exchange or any other instrument creating an obligation to pay does not constitute payment within the meaning of this stipulation.
In the event of receivership or liquidation, current orders will be automatically cancelled without notice if the products have not yet been delivered. If the products have already been delivered, the Company reserves the right to claim them in accordance with the provisions of Law No. 94-47 5, of June 10, 1994, consolidated.
In the event that the products are transformed or resold, the Company expressly reserves the right to claim the price.
Until full payment has been made, the products are in the custody of the customer who must bear the risk that they may suffer or cause, for any reason whatsoever, even in the event of force majeure, fortuitous event or the act of a third party.
However, the customer may use the products delivered as part of its normal business, but may under no circumstances pledge them or transfer ownership as a guarantee.
APPLICABLE LAW - COMPETENT COURTS
French law alone shall govern the interpretation and/or execution of these general terms and conditions of sale and/or the sales of products to which they apply.
ALL DISPUTES RELATING TO THE INTERPRETATION AND/OR EXECUTION OF THE SAID GENERAL CONDITIONS OF SALE MUST BE SUBMITTED TO THE COMPETENT COURTS OF LA ROCHELLE NOTWITHSTANDING MULTIPLE DEFENDANTS, CALLS ON THIRD PARTIES OR SUMMARY PROCEEDINGS.