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GENERAL TERMS OF PAYMENT AND DELIVERY
applied by
L'Atelier de Matourne SAS
560 Route de Matourne
83780 Flayosc
No de Siret : 522 680 248 00013
VAT no : FR 60 522 680 248
RIB France : 19106 00010 43622230195 15
IBAN : FR76 1910 6000 1043 6222 3019 515
BIC : AGRIFRPP891
1. APPLICABILITY
Art. 1: These terms exclusively apply to all offers/quotations, sales and deliveries made by l'atelier de Matourne SAS., hereafter to be referred to as Sail-Digital, to buyers in so far as both parties do not explicitly deviate from these terms and do so in writing. References to buyers’ own terms of purchase, contract terms and any other terms are not accepted by l'atelier de Matourne SAS.
2. OFFERS/QUOTATIONS AND PRICES
Art. 2.1: All offers are free of obligation, unless explicitly agreed otherwise. The maximum period of validity of our quotations is one month from the date mentioned on the quotation. l'atelier de Matourne SAS is entitled to change quotations or to withdraw them until the moment they have received acceptance of the quotation.
Art. 2.2: l'atelier de Matourne SAS is at all times entitled to change the data mentioned in the price list or documentation without giving prior notice.
Art. 2.3: All the prices that are mentioned in these general terms of sale are given in euros (€), exclusive of VAT. All the prices that are mentioned are “ex warehouse” Flayosc -France” unless indicated differently.
Art. 2.4: Until the moment of acceptance of the quotation, l'atelier de Matourne SAS has (without prejudice to what is said in art. 2.5) the right to introduce price changes that follow from labour costs, cost of raw materials, materials, taxes and other levies.
Art. 2.5: If in the period between acceptance and further execution of the order a rate change occurs of the currency of the country from which goods / materials are obtained with regard to the rate of the euro (€), the advantages and disadvantages which result from this change will be passed on to the buyer to his advantage or disadvantage in case these rate changes affect the price of commodities / materials involved in the order.
3. DELIVERY
Art. 3.1: All deliveries are considered to have taken place ex factual office address of l'atelier de Matourne SAS. The times of delivery which are stated by l'atelier de Matourne SAS are at all
times free of obligation. l'atelier de Matourne SAS is not liable for any costs or damage which may result for the buyer from a delivery time that is later than the time mentioned by l'atelier de Matourne SAS.
Art. 3.2: All deliveries are made at the risk of the buyer. The terms of delivery do not include insurance. l'atelier de Matourne SAS is prepared to insure the delivery at the request of and at the expense of the buyer.
4. PAYMENTS
Art. 4.1: Unless agreed differently in writing, payment should be effected either by deposit or transfer into a bank or giro account to be designated by l'atelier de Matourne SAS
before delivery takes place or by cash payment before the goods are delivered when the delivery actually takes place or the goods are collected. In case earlier invoices have not yet been settled, any payment will be used to settle the earliest outstanding invoice.
Art. 4.2: In case buyer fails to settle the invoice either wholly or partly within the time of payment stipulated, the buyer is by law obliged to pay compensation in accordance with the applicable European guideline (2000/35/EG) without prejudice to the right to claim compensation for the damage which was actually suffered.
Art. 4.3: Buyer is not, on whatever grounds, allowed to apply any compensation to what is owed to l'atelier de Matourne SAS. Neither can an obligation of payment be suspended with reference to a credit note that is to be expected.
Art. 4.4: l'atelier de Matourne SAS reserves the right to decide at all times to deliver to a buyer exclusively on cash on delivery (C.O.D.) terms.
5. REPAIRS
Art. 5.1: If l'atelier de Matourne SAS is requested to repair goods, l'atelier de Matourne SAS will always first make an estimate of the repair costs. The costs for drawing up this estimate will be charged to buyer to a minimum amount of €45 unless a lower amount has explicitly been agreed on.
Art. 5.2: All repairs can only be carried out after a written agreement thereto has been obtained from the party that offers the goods for repairs. If repairs are in fact and wholly to be carried out, no taxation costs will be charged.
Art. 5.3: All deliveries that concern repairs are subject to the same rates and terms that are mentioned under the section ‘delivery’.
6. RETURN DELIVERIES
Art. 6.1: Return deliveries can only be accepted if the product is offered in undamaged condition and in the original undamaged packaging including all accessories and instruction material. Such deliveries need to be returned with sufficient postage, together with a copy of invoice with RMA number and a clear cover letter stating the reasons for returning the delivery.
Art. 6:2: Return deliveries are to be made within a period of eight working days after delivery from factual office address ex art. 3 paragraph 1.
Art. 6.3: In case sender defaults on the terms stated in article 6.1, the costs that are necessary to bring the product back to its original box-fresh condition will be charged to defaulter.
7. RESERVATION OF PROPERTY RIGHTS
Art. 7.1: The delivered goods remain entirely and exclusively property of l'atelier de Matourne SAS until the moment when all debts including debts with regard to interest and costs owed by buyer to l'atelier de Matourne SAS have been fully settled.
Art. 7.2: Previously delivered goods may be immediately reclaimed in case buyer defaults on his obligations including the obligations mentioned in these General Terms. Buyer is to send back the goods to l'atelier de Matourne SAS at l'atelier de Matourne SAS’s first request. Buyer is to give full cooperation to enable seller to reclaim the goods, including giving l'atelier de Matourne SAS access to the goods that are to be reclaimed.
8. GUARANTEES AND LIABILITY
Art. 8.1: l'atelier de Matourne SAS exclusively guarantees the parts of the delivered goods until 12 months after delivery factual office address ex art. 3.1 of these terms. This guarantee only applies to manufacturing mistakes and faulty material.
Art. 8.2: Any liability for l'atelier de Matourne SAS within the term of this guarantee, will immediately be annulled if goods or parts thereof are used injudiciously or not in accordance with their proper use. l'atelier de Matourne SAS’s liability is also annulled if, without prior permission of l'atelier de Matourne SAS, repairs have been done to or additions have been made to the goods or parts thereof.
Art. 8.3: Liability for l'atelier de Matourne SAS never exceeds the guarantees that are mentioned in this section. Hence l'atelier de Matourne SAS can never be held liable for possible consequential loss.
9. COMPLAINTS
Art. 9.1: In cases of defects that are subject to the guarantees mentioned above, complaints are to be made within a term of eight working days after delivery factual office address ex art. 3.1 of these terms, if these defects were immediately identifiable on taking delivery of the consignment. In all other cases the term of eight days commences from the moment that buyer can reasonably be expected to have taken note of the defects found by him.
Art. 9.2: The guarantee no longer applies if the complaint to l'atelier de Matourne SAS is not made within the term stated in the preceding paragraph.. A timely lodging of complaint does not suspend the payment obligations of the buyer.
Art.9.3: If the reasons for a complaint have been made known to l'atelier de Matourne SAS in time, l'atelier de Matourne SAS’s obligations do not exceed the replacement of and /or repairs to the goods. Delivery charges for the goods that are to be repaired are on the buyer’s account. Repairs, if any, are to be done in a workshop to be designated by l'atelier de Matourne SAS and are to be supervised and monitored by l'atelier de Matourne SAS.
10. FORCE MAJEURE
Art. 10.1: Force majeure applies if circumstances arise which l'atelier de Matourne SAS could not and need not have taken into account at the time when the agreement was entered into and as a result of which buyer cannot reasonably expect the usual execution of the agreement.
Art. 10.2: By force majeure will, among other things, be understood a trade embargo,
work strike or sit-in strike, both in the company of l'atelier de Matourne SAS itself and in the companies l'atelier de Matourne SAS directly or indirectly depends on for supplies and services. In case of force majeure l'atelier de Matourne SAS is entitled to cancel orders that were previously accepted without the obligation to pay compensation.
11. DISPUTES
Art. 11.1: All disputes and applicable law that directly or indirectly follow from the agreements made with l'atelier de Matourne SAS, are to be brought before the judge/ court of the district of Draguignan - Var (83) - France to the exclusion of any other court.
Art.11.2: All our agreements are exclusively subject to French law to the exclusion of any other law.
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