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General conditions of sale and delivery



General terms and conditions of sales  :

Géneral provisions  : The only fact of placing at us order involves the unconditional acceptance of clauses below, in spite of any opposite condition appearing in the terms of sales of our customers.

  1. Orders

No minimum of invoicing at METROUTIL, but 10 euros of charges for any order lower than 40 euros net excluding taxes, for all the goods representing in the catalog n°6 of 2014 and later versions. This arrangment will be applicable from 01/06/2014.
For all other off-catalog goods n°6 of 2014 and later versions, a the minimum order  amount of 100 euros net excluding taxes. This arrangment will be applicable from 01/06/2014.

  1. Cancellation

If the order concellation occuring more than 8 days as from the issue of the order confirmation, will be made against the customer with the compensation of the préjudice of METROUTIL, this one being fixed to a lump sum of 10% of the amount before tax of the command. In the event of order cancellation, the percentage, above, will be applied to the part of order which will have been the object of cancellation. Orders with special goods can’t be cancelled.
Validity of prices and prices listes  : all our prices excluding taxes, goods not packed, gives to our customers in our premises of LA CHAPELLE SAINT MERSMIN.
Our prices are given for information purpose without time commitment and we reserve the right to revise them without prior notice. Under execution of order, if one of the conditions, workforce, raw materials, freight, monetary parity, fiscal taxes, etc ...  ; came to be modified in a significant way, we keep the right to revise our prices at the time of the invoicing.
Case of force majeure  : In case of force majeure or of event such as mobilization, war partial or total strike, lock-out, fire, natural disasters, interruption or delay of freight, lock of raw materials or any other causes hindering the activity of our company or our suppliers, we shall can  : either consider at us release from the commitments to deliver.or may outright suspend any order throughout the duration corresonding to the aforsaid events the execution of our commitments without being kept to the buyer of any compensation or allowance.
Payment terms  : Customers without account  : immediate net without escompte. Customers with account  : payment within 30 days from the date of invoice subject to acceptance of the dossier.
Discount  : immediate payment reaching us under 48 hours dates invoice, a discount of 1% will be deducted from the total amount HT.

Particular condition for a first command

Communicate to us VAT identification, banking information, shipping and delivery adress.
The following orders will be within 30 days net from the invoice date (subject to acceptance of the dossier)
Late pénalities  : The non-payment of an invoice or draft by it’s expiry date allows make immediately due our entire claims without formal demand beforehand. We besides reserve the right to suspend or to cancel arrangments or orders on hand and ask financial damages relating. As penalty clause, a minimum allowance of 10% of the amount of the outstanding payment is due to us, plus late-payment interest were calculated in the most recent refinancing rate of European Central Bank increased by ten points. According to the decree n°2012-1115 du 02/10/2012 and the article D.441-5  : the amount of the fixed allowance for recovery charges planned in the twelfth paragraph of the chapter I of the article L.441-6 of the commercial law is fixed to 40 euros. In case of major change in the legal or physical personality with whom we contracted ( disposal of assets, bankrupcy, change of dhareholding majority or social leaders, death, incapacity or prohibition to manage a commercial company ). We save ourselves tho possibility either to cancel all the agreements concluded with the buyer or to suspend the deliveries and in any case to require the immediate payment of all the delivered goods, unmatured draft become immediately due.
Provision  : Our sales are always made in our premises in LA CHAPELLE SAINT MESMIN.
On request of the buyer, we can ensure the shipping of the goods, extra charge, and goods always travels at recipient own risk. In case of buyer deficiency to be delivery of the ordered goods, we will be able to poursue execution of the contract legally or keep the possible advances as compensation.
The buyer is responsible for goods from their removal of our premises and make right now a commitment to subscribes to the advantage of METROUTIL, an insurance contract guaranteeing their loss, theft or destruction.
A delivery stipulated  «  free of carriage  » does not modify this clause.
Guarantee  : Equipment is one full year parts and labor guarentee, back to factory for all manufacturing defects.the guarantee does not cover consumable parts, wearing parts and damage resulting from non observance of normal operating rules. Our waranty is only limited to the replacment of defective parts which were reconized by us in the conditions where they sold with the exeption of any allowances or related costs. In any case our liability shall be incurred beyond our own suppliers. Shippment costs are free both ways are chargeable to the customers.The on-spot potential interventions will be invoicing under the after-sales service following our current rates.
Deadlines  : Our delivery deadlines are given purely for information how we are trying to strive, non-compilance of this deadlines can’t give rise to a cancellation of command without our agreement, neither to penalities, neither financial damages relating.
Retention of title  : The equipment remains the METROUTIL’s property until full payment to our bank of their price on principlal and interest. In this context, a deposit check, draft, or every bill creating an obligation to pay dont’t invalue a final payment within the meanning of this provision. Our claiming right concerns as well the goods as their price if they were already sold or consumed ( law of 12-05-80 ).

  1. Retours

Received articles must be checked at reception by the customer ( models, quantities, dimensions ). No complains will be admitted beyond a deadline of 8 days after delivery for the models, quantities, dimensions delivered.
Return due to a mistake in the order or bad recommendation  :

· Any equipment return will beforehand have to have received the METROUTIL’s agreement. These returns will have to reach us within 3 weeks maximum accompanied with a copy of the delivery order or the invoice, specifying the raison of return, in their original packings.

· For returning equipment between 4 and 12 weeks we will apply 20% valuation haircut.

· For returning equipment after 12 weeks we will apply 50% valuation haircut.

· Upon default, we will apply a additional valuation haircut.

· Beyond 20 weeks, no return shall be possible

· For special products, no return shall be possible.


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