General Conditions of Sale
The general conditions of sale are aimed at setting the overall framework for relationships with our customers. They take precedence over any condition of purchase except for a formal and express waiver on our part.
The contents of supply contracts and particularly our obligations are determined exclusively by these general conditions, the rates and technical catalogues issued or sent by us to our customers.
Those studies, plans, designs and documents issued or sent by us remain our property. Therefore, they may not be communicated to third parties by the customer under any circumstances.
All orders placed must carry a precise description of the products being ordered. Ordering assumes agreement upon the item and the price. The contract is only placed after written acceptance on our part. When an estimate is made by us, it constitutes the special conditions, which change or complete these general conditions. Orders which have already been validated by the Seller cannot be cancelled partially or fully by the clients without prior written approval from the seller.
The delivery details are set in our rates. Apart from stipulation to the contrary, delivery is deemed to have occurred once it has left our factories or stores. If that delivery is delayed on grounds independent of our wishes, it shall be deemed to have occurred upon the agreed date.
The delivery lead times mentioned are only indicative. Any delay in delivery will not give rise to any compensation and interest, deductions or cancellation of orders in progress.
The deliveries will be made as long as stocks are available.
The order can be delivered in one or more batches.
The Seller retains the option of splitting the sales order into several shipments within the lead time decided freely by the Seller.
In case the order is shipped in several batches, the additional shipping cost will be borne by the seller.
The Seller is free to decide the lead times and the delivery schedule of the order under the condition that the order is delivered fully.
The Seller reserves the right to refuse to deliver or honour an order placed by the buyer who has not paid for a previous order fully or partially or for which there is an existing payment dispute.
The purchaser is obligated, except when stipulated to the contrary, to cover the costs and risks during transport of goods sold after their delivery.
RESERVATION OF OWNERSHIP
The seller retains ownership of the goods sold until receipt of cash or cleared funds for the effective payment in full for all goods. Default in paying any one of the instalments may bring about a reclamation of goods. These conditions present no difficulty in a transfer to the purchaser, from the time of delivery, of the risks of loss and deterioration in the goods sold, as well as any damage which may have occurred.
PRICES, TERMS OF PAYMENT AND PENALTIES
Prices, packaging costs, the amount and timing of instalments (if relevant) are set by application of our rates. Our invoices or statements of account, except where stipulated to the contrary, are payable:
- whether by cash payment within 10 days of the date of the invoice, with a 2% discount to be deducted,
- whether 30 or 45 days from the end of the month,
- whether 30 or 60 days net from the date of the invoice.
Any invoice not paid on the due date brings about the application of late penalties as contained in public policy texts. These are in the amount of 11% of the gross sum of the invoice and are due from the following day of the expiry date and run until the date of clearance of the settlement.
The application of this penalty clause is automatic and requires no prior notification.
Default in payment on the due date brings about the netting by close-out of all outstanding debt. For all deadlines remaining, immediate settlements shall be sought and all deliveries shall be suspended until the total settlement of all invoices.
The settlement of sums due after the due date appearing on the invoice shall be increased as a matter of right by the fixed sum of €40, as foreseen by article L 441-6, paragraph 12 of the Business Code, and whose amount was set by decree no. 2012-1115 of 12 October 2012 (article D441-5 of the Civil Proceedings Code).
In the event of regulatory changes to this fixed sum, the new sum shall be substituted as matter of right for that one appearing in these general conditions of sale or payment terms.
The full right to apply this fixed sum does not form an obstacle to the application of an additional surcharge of a debt obligation to the extent of all sums that shall have been stated, of whatever nature, in the recovery of the debt obligation.
The price of the products on sale are mentioned in euros excluding taxes except otherwise mentioned and excluding handling and shipping cost.
Any change in the applicable VAT or the exchange rate will be reflected in the price of the products.
The VAT rate will be the one that is applicable to the country from where the goods are shipped. It will be freely determined by the Seller and applicable as on the shipping date.
The applicable VAT will be the one that appears on the final invoice.
The Seller reserves the right to change the prices of the products on sale at any time.
The price will actually be billed to the Buyer on the basis of the tariffs in force at the time of validation of the order, subject to application of the VAT which might vary depending on the place from which the order is shipped.
In case of online order, the price applicable will be the price mentioned on the order acknowledgement which will be sent to the buyer through mail (PDF).
The clients who have made “advance” payment on the basis of “order confirmation” sent by the Seller will not get 2% discount on the amount which has been paid to the Seller.
But clients who have not made “advance” payment can get a discount of 2% which will be deducted to the amount of the bill paid, if the payment is made within a maximum period of 15 days from the invoice date.
WARRANTY AND CLAIMS
The customer must check the correctness of the products ordered upon delivery. Any claim based on a failure to comply shall not be accepted, if it was made later than 5 days after delivery.
RIVE products are guaranteed for a year from the date of purchase, against any operating fault arising from a defect in materials, manufacture and design, excluding:
- normal wear and tear of the materials, knocks, torsion or lack of maintenance on the purchaser’s part,
- any unauthorised intervention on the goods,
- faulty functioning resulting from force majeure.
Under this warranty, we shall replace, free of charge, any parts deemed to be defective by our technical services. The replacement of parts does not cause that period of one year stated above to be extended.
Finally, our responsibility cannot, for whatever reason, extend beyond the simple replacement of products deemed to be defective.
Claims must be made to us with return carriage paid. Return carriage costs remain the responsibility of the enquirer. Our claims are invoiced according to the elements and accessories supplied and the time spent in remediation.
SETTLEMENT OF DISPUTES
Any legal disputes relating to this sale, even in cases of warranty claims or multiple defendants, in the event of no amicable agreement, shall be the exclusive competence of the commercial court under the jurisdiction of the seller’s domicile.