1 – These conditions apply to all orders received from our clients.
2 – SIMPLY BY PLACING AN ORDER WITH US, CLIENTS ACCEPT OUR GENERAL TERMS AND CONDITIONS OF SALE, NOTWITHSTANDING ANY OTHER CONFLICTING CLAUSE IN THEIR PURCHASE DOCUMENTS. NO SPECIFIC CONDITION, WITHOUT THE FORMAL WRITTEN CONSENT OF THE SELLER, SHALL TAKE PRECEDENCE OVER THESE GENERAL TERMS AND CONDITIONS OF SALE.
3 – The purchaser is entirely responsible for obtaining or completing, in good time, any authorisations or paperwork, such as those relating to imports or exchange controls, that are required for importing our products into the country of destination or for payment. The purchaser is also responsible for any taxes, duties, tariffs or similar charges applicable under French law or the law of the importing or transit country.
4 – All sales are final and may not be returned or exchanged.
5 – It is prohibited to alter or deface in whole or in part the brands, numbers or nature of the specific products or packaging as they exist at the time of delivery, and to use those that have been altered or defaced, unless it is to affix the required labels in the destination country.
6 – Orders are final once they have been confirmed by acknowledgement of receipt.
7 – The minimum order amount for all orders is €100. Any orders below that amount, where accepted by us on an exceptional basis, shall incur a €25 surcharge to cover administration costs.
8 – Products are supplied at the price set in the price list applicable at the time of placing the order. The prices are net, ex-warehouse and include packaging, except for special packaging which shall incur an additional cost. All our price offers remain valid for 3 months after they are set. The seller is not bound by these offers beyond that period.
– In the event of a delay in payment, the seller may suspend all pending orders, without prejudice to any other course of action. Any sum outstanding at the due date as stated on the invoice shall incur penalties at 5 times the legal rate of interest from the first day after the due date. The penalties are payable upon request by the seller.
– In the event of failure to pay 48 hours after the expiry of a legal notice, the sale shall be cancelled without further notice if the seller deems fit. The seller may take legal action to have the products returned and to claim damages. The decision shall be effective for all previous orders that remain unpaid as well as the order concerned, whether or not they were delivered and whether or not the payment due date has elapsed. Failure to return a bill of exchange shall be considered as a refusal of acceptance, similar to a payment default. Where payment is made in instalments, the entire amount shall become immediately payable, without legal notice, in the event of failure to pay by any one due date. In any case, all sums owed shall be immediately payable.
9 – We may object to compensation that we owe our purchasers and to the sums that they themselves may owe.
10 – WE SHALL RETAIN FULL OWNERSHIP OF THE PRODUCTS UNTIL THE PURCHASE PRICE IS PAID UP IN ITS ENTIRETY. WE RESERVE THE RIGHT TO RECLAIM THE PRODUCTS IN THE EVENT OF FAILURE TO PAY ANY ONE INSTALMENT. THE PURCHASER UNDERTAKES TO RETURN THE AFORESAID PRODUCTS TO US, AT ITS EXPENSE, UPON FIRST REQUEST FROM US. THESE PROVISIONS DO NOT PRECLUDE, FROM THE MOMENT OF DELIVERY, THE TRANSFER OF RISKS OF LOSS OR DETERIORATION OF THE GOODS SUBJECT TO RESERVATION OF OWNERSHIP, OR THE DAMAGES THAT MAY RESULT THEREFROM. IN THE EVENT OF THE PROCESSING OR MODIFICATION OF THE PRODUCTS, THE PURCHASER UNDERTAKES TO PAY THE SELLER THE REMAINING BALANCE OWED. OTHERWISE, THE PURCHASER SHALL EXPRESSLY SURRENDER TO THE SELLER THE ASSETS RESULTING FROM THE PROCESSING BY WAY OF GUARANTEE OF THE ORIGINAL DEBT TO THE SELLER.
11 – Unless otherwise stipulated upon acceptance of the order, the products are sold “ex-warehouse”. The purchaser shall assume responsibility for all transport, insurance, customs, tax and duty costs, as well as any risks, upon departure from the store.
12 – The purchaser must bring any legal action against the transporter in the event of missing items, damage or delays, and take all necessary action and complete any necessary paperwork within the required timeframes. In particular, we must be notified of any reservation upon receipt of the products within 24 hours of delivery.
13 – The lead (delivery) times given are as accurate as possible; however, they depend on the seller’s capacity.
14 – Failure to meet the lead time shall not result in the payment of any damages, or the retention or cancellation of any outstanding orders. However, if three months after a legal notice was issued to no avail, the product is not delivered for any reason other than a force majeure event, the sale may be cancelled at the request of either party. The purchaser may have its deposit returned, without any other compensation or damages.
QUANTITY AND QUALITY
15 – All orders may vary according to their size and may not exceed +/-10%. Unless stated to the contrary, orders are manufactured with normal tolerances to a standard level of quality, without any consideration as to any special use by the purchaser. With the exception of crimping products, standard packages are not divisible. If the order is not a multiple of the standard package, the seller reserves the right to round the quantity delivered up to the next multiple of the standard. The goods are only tested in factory at the express request of the purchaser, in accordance with the purchaser’s instructions and at the purchaser’s expense.
16 – Contracts and orders may not be cancelled without our agreement. If shipment is delayed at the request of the purchaser, the payment period shall run from the day on which the goods are ready for shipment.
17 – We check all of our products before shipment. However, the purchaser should inspect the items upon receipt. All items supplied by our company that are found to be faulty or non-compliant shall be replaced free of charge provided that our company is notified by post within a week of receipt and that the purchaser provides a sample. No returns shall be accepted without prior authorisation by our company. The liability of our company is limited to replacing faulty items, without any direct or indirect damages or compensation. The seller may under no circumstances be held liable for bodily injuries or damage to property as a result of the misuse of the products.
18 – Our machinery has a six-month warranty for material or production defects, starting from the date of delivery of the machines, unless specifically stated otherwise.
19 – The seller’s warranty is limited to repair or replacement, at the choice of the seller, of machines found by the seller to be defective, without any compensation for any reason whatsoever, including loss or damages of any kind caused by the use of the machines.
20 – The seller may not be held liable for any damages whatsoever arising from misuse, normal wear and tear of the machines or products, or from assembly that does not comply with the seller’s instructions.
21 – No machine may be returned without prior agreement. The purchaser shall cover shipment costs.
22 – Repairs, modifications or replacements made under warranty shall not extend the warranty period.
23 – Events outside our reasonable control, including strikes, lock-outs, equipment accidents, supply disruptions and fire, and which may result in a failure to deliver, or in late or defective delivery, constitute cases of force majeure.
24 – Sales subject to these terms and conditions are subject to French law and any dispute shall be brought before the competent courts of Hauts-de-Seine, regardless of the place of delivery, including in the event of an interlocutory application, introduction of third parties or multiple defendants, notwithstanding any clause to the contrary. We reserve the right to choose the jurisdiction for any interim measure that we are required to take.
25 – Payment is made according to the means of payment and the permitted deadline for the business offer in question. Payment of the first order is always made on receipt of a pro forma invoice. The items are shipped after receipt of payment.
26 – Titanox reserves the right to require its clients to pay upon receipt of a pro forma invoice or by bank card after the first delivery in the event of repeated payment issues.