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GENERAL CONDITIONS OF SALE TS

(Uptdate 1er january 2015)

Article 1: Scope

The company SEE, hereinafter referred to as "the seller", markets under the brand SAELEN equipment for professional use, and the related spare parts, intended for the maintenance of green spaces. It distributes these products exclusively through a network of resellers based in France and in the overseas departments and communities, hereinafter referred to as "customers", whose main activity is the resale and maintenance of motoculture. All our sales are subject to these general conditions, which prevail over any general purchase condition or any other document issued by customers. Our general conditions of sale can be modified at any time. The general conditions in force when ordering are therefore applicable to our sales. It is therefore the responsibility of the customer to ensure during each order that they have the general conditions in force. The specific conditions stipulated on the occasion of an order bind us only for this order. Our sales are governed by French law.

Article 2 : Orders

Orders are sent to the seller by post, fax or e-mail. All telephone orders must be confirmed in writing. The seller is only bound after express acceptance of the customer's order, which may result either from an acknowledgment of receipt of the order, or from the dispatch of the goods.

Article 3 : Articles

The photographs, characteristics, dimensions, weight (...) mentioned in the prospectuses or other media and advertising documents have only an indicative value. The seller reserves the right to make any changes it deems appropriate, even after receiving the order, without however affecting the essential characteristics.

Article 4: Price - Payment

• Price

The goods are supplied at the price in force at the time of ordering or at the price indicated on the estimate, the latter being however only valid for 1 month from its date of establishment. The seller reserves the right to modify the prices in the catalog at any time.

•  Payment terms

Unless an account is opened, invoices are payable at the seller's domicile and before the goods are dispatched: by bank transfer by check. The funds given to third parties responsible for transmitting them or even given to the seller's agents or servants will be forwarded at the risk of the customer and will not credit their account until the seller has collected them. After opening an account, invoices are payable in cash upon receipt of invoice or by draft no later than 45 days end of month, from the date of issue of the invoice. Drafts must be returned, accepted and domiciled upon receipt of the goods. The period is deducted from the date of receipt of the goods for deliveries which are the subject of an import into the fiscal territory of the departments of Guadeloupe, Martinique, Guyana and Reunion, as well as overseas communities of Mayotte, Saint-Pierre-et-Miquelon, Saint-Martin and Saint-Barthélemy. In case of payment on a date earlier than that resulting from the application of the general conditions of sale or the due date of the invoice, a discount of 0.5% per full month of advance payment will be granted. The opening of an account is linked to the communication of the customer's SIRET number and the provision of banking and commercial information.

• Late payments

Any amount not paid on the due date will result in: Payment of default interest at the rate equal to 3 times the legal interest rate in accordance with the regulations in force. This interest will run until the actual payment received. The immediate payment of all debt in the event of payment in installments The immediate payment of all invoices not yet due. The suspension or cancellation, at the option of the seller, of any order in progress. In the event of payment by commercial paper, failure to return the bill will be considered as a refusal of acceptance comparable to a default in payment. Any invoice recovered by the legal department will be increased by an indemnity fixed at a flat rate of 15.60% of the amounts due with a minimum of € 50.

• Warranty requirements

In the event of a past due, deterioration of customer credit, downward revision or termination of the guarantee granted by the seller's credit insurance organization, the seller reserves the right to suspend delivery of the goods until 'to the full and prior payment of the order, and to suspend the preferential payment terms.

Article 5: Deliveries - Shipments

• Shipping times

The deadlines are given for information only and as exactly as possible. Any delays do not give the customer the right to cancel the sale, refuse the goods or claim any compensation. If one or more items of the order are unavailable, the seller is authorized to wait, for a maximum period of 30 days, for the complete availability of the items to make the delivery. Beyond this period, the seller agrees to immediately dispatch the available goods at the express request of the customer. In this case, the remainder of the order will be dispatched as soon as all the missing items are available, unless the customer requests otherwise, who accepts in return to bear the delivery costs.

• Delivery

Delivery is deemed to have been made to the seller's stores or depot. It is carried out either by direct delivery to the customer, or by simple notice of availability, or by delivery of the goods to a carrier chosen by the seller. Even shipped “free”, the goods travel at the recipient's risk. In the event that the delivery is entrusted to a carrier, it is the customer's responsibility to check, in the presence of the carrier, the good condition of the goods delivered. In the event of damage or missing items, the customer must: indicate on the transport documents clear, significant, precise and complete reservations, confirm these reservations to the carrier by registered letter with acknowledgment of receipt within 3 days of receipt of the goods, a copy must be sent to the seller. If the client does not respect this clause, his responsibility will be engaged. • Reception Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about apparent defects or non-conformity of the goods delivered must be made within 8 days of the arrival of the goods. It will be up to the customer: to provide any justification as to the reality of the defects or anomalies to leave to the seller, before any intervention on the goods, any facility to ascertain the condition of the goods. In the event of a defect attributable to the seller, the latter may, at its option, either repair or replace the goods in question, without prejudice to the provisions of Article 8 "Liability".

Article 6 : Return of products

Returns of goods must first be subject to a written agreement from the seller, who will specify the amount of the discount applied. In the event of an accepted return, it will be made carriage paid: the costs inherent in these returns will be entirely borne by the customer. In any case, the return of goods must be in their original packaging and in good condition.

Article 7 : Guarantees

The goods are sold new according to the general warranty conditions of the manufacturer. The conditions of return of the goods are identical to those mentioned in article 5. Our machines are delivered with the manufacturer's user manual. According to the manufacturers, these instructions can be written in a foreign language. In this case, the machine is also delivered with a notice written in French. If any of the instructions are missing, the customer agrees to notify us within 72 hours of delivery. Otherwise, the buyer will be deemed to have received a machine with a user manual in French, and if necessary in a foreign language. The customer retains full responsibility for the choice of goods purchased. He refrains from any recourse in the event that the goods do not correspond to the adaptation or use that he had hoped for, even in the event of simultaneous purchases of a plurality of goods intended to operate together and whose joint use would not prove to be impossible, and for any other reason. Used equipment is sold in the state in which it is received and approved as compliant in all respects or considered as such before departure. Consequently, the buyer expressly undertakes not to make any reservation or dispute concerning the condition and characteristics of the equipment, even with regard to hidden defects of which he accepts to run the risk.

Article 8 : Responsibility

The seller is not responsible for the harmful consequences caused by his material to other goods and / or for any direct or indirect damage with the exception of damage caused to people. If the seller's responsibility were to be recognized for the goods supplied, the maximum amount of compensation which could be paid to the customer may in no case exceed the price paid by the customer for the goods in question. In any event, the seller's responsibility for delay in the execution, non-performance or poor performance of his obligations, cannot be engaged in the event of force majeure. Are considered as events of force majeure, within the meaning of these conditions, any event such as accident, strike either in the seller's establishments, or in the establishments of subcontractors or general strike affecting transport, as well as any strike in motive power producing companies, breakage and breakage of machines, climatic bad weather such as showers, frosts, hail, floods, mobilization-type events, war affecting the seller's obligations and impacting the quality of products.

Article 9 : Retention of title

The seller retains full and exclusive ownership of the goods sold until full payment of their price. Consequently, the customer may not pledge or pledge the goods unless they have settled the price beforehand. In the event of return of the goods, the sums paid will remain with the seller in return for the enjoyment of the goods from which the customer will have benefited. The customer also agrees to bear the costs of repairing the equipment in the event that it is rendered in poor condition or incomplete. In the event of a disaster or accident leading to the deterioration or destruction of the equipment before full payment, the seller will be subrogated in the rights of the client to collect from the Insurance company the amount of damage and up to the amount that remained due.

Article 10 : Litigation

Any dispute, of whatever kind, will be the exclusive jurisdiction of the Commercial Court of Lille. Attention: always concerned with improving its products and technical characteristics, the references are subject to change without notice.

H.E. - Simplified Joint Stock Company with capital of € 544,720 R.C.S. Lille B582 111 878 - AP E 46.61Z - Siret 582 111 878 00077 - VAT number: FR 26 582 111 878