General Terms & Conditions of Sale
LOBROT Terms & Conditions
An order implies the buyer’s knowledge and unconditional acceptation of our general terms and conditions of sale, unless otherwise previously specified in writing. In addition, any order placed is considered firm and cannot be partially or fully withdrawn without the written consent of LOBROT. Please ensure your order is drafted in such manner to avoid any problems in the interpretation of quantities, references and prices.
It is expressly understood that these general terms and conditions of sale are applicable notwithstanding any conflicting clauses which may be indicated in the purchase orders or any other documents emanating from our clients-buyers.
Deliveries are either carriage forward if specified by the client, or freight charge advanced by ourselves and added to the invoice. The delivery terms indicated in our documents correspond to a delivery in normal conditions (access to freight vehicles, loading dock and/or loading equipment). Otherwise, an extra charge will be invoiced even in the case of prepaid freight.
Invoices are raised in accordance with the rates in force on the day of delivery.
The first order must be accompanied by its payment by cheque or bank transfer. Our invoices are payable by cheque, bank transfer or bill of exchange net 30 days. We must receive accepted and payable bank drafts or promissory notes within 8 days of receipt of invoice, at the latest. Failure to comply with this provision will result in cash settlements being required for all following orders. Any account request implies unconditional acceptation of our general terms and conditions of sale.
5.DELIVERY DATES AND EQUIPMENT RETURNS
Delivery dates are estimated dates. We cannot be held responsible for deliveries exceeding those dates and no indemnity may be claimed. The remainders of orders are normally maintained, unless otherwise agreed. The goods cannot be refunded nor exchanged.
No returns can be accepted without our prior agreement. The costs related to the return of goods shall be borne by the client, unless caused by our own mistake.
The supplier guarantees its products are in conformity with the specifications set out in the order and it has accepted. It is the responsibility of the client to specify the intended use of the goods. Quantity: all claims regarding quantities must be made by telephone and confirmed by registered mail within 48 working hours from the date of receipt of the goods. Claims that are not made in the manner and time limit described above will not be taken into account.
Our warrantee excludes any abnormal use, lack of maintenance or normal wear. Generally speaking, whatever the use of the parts supplied, it is the clients responsibility to verify their compatibility with the products they intend using with them.
The warrantee covers “factory service” (the technician’s expenses and the transport of goods to and from the factory shall be borne by the client). Only the spare parts and labour are at the expense of LOBROT provided that the conditions set out above are met.
Goods are carried at the risk of the recipient without prejudice to the title retention clause. Whoever the recipient (and whatever the sales conditions), the delivery shall be deemed to be performed once the transporter has taken charge of the package. As the goods are carried under the responsibility of the transporter, even in the case of carriage paid, it is the client-buyer’s responsibility to grant or refuse the transporter’s discharge by signing the transport receipt, with or without specific reservations.
8.RETENTION OF TITLE
In accordance with the provisions of the Law of 12 May 1980 and the Law of 25 January 1985 (N° 85-98), our goods are sold with a retention of title clause. Therefore, LOBROT retains full ownership of the goods until full payment of the goods. However, the buyer becomes responsible for the goods on collection by the transporter and thus, as from that moment, shall bear the risks of any damage they may suffer or cause.
Any goods delivered shall not be sold on before full payment has been received; promissory notes and credit letters are not considered as payment until they have been cashed. If, exceptionally, LOBROT authorises the buyer, in writing, to sell on the delivered goods or transform them, then their re-sale or their transformation grants LOBROT the right to claim the price or part of the unpaid goods. In this case our client commits to informing its buyer of this retention of title clause and our right to claim.
The sales conditions are applicable in Mainland France only. Our EXPORT sales conditions apply to Corsica, the French overseas departments and other countries.
It is expressly agreed between the parties that any failure to pay by due date entails the automatic and immediate forfeiture of the term of all invoices until full payment, and of late penalties equivalent to the interest rate applied by the Central European Bank to its most recent refinancing operation, plus 10 percentage points. In accordance with Decree 2012-1115, in addition to the above mentioned penalties, a fixed amount compensation for collection charges of 40€ shall be owed by the client. In addition, all such outstanding amounts shall be automatically increased by a fixed rate compensation of 15%, without however this amount being less than 75€, payable by the client by way of the penalty clause, without prejudice to the statutory compensation for late payment.
All penalties, statutory and agreed compensation, are automatically incurred, without the need for any formalities or prior formal demand and without prejudice to any further legal actions LOBROT would be entitled to take against the client. The penalties amount shall be rightfully deducted from any sums owed by LOBROT to the client. In the event of failure to comply with the above payment conditions, LOBROT reserves the right to cancel the sale, to condition all new orders from the client, to claim the immediate settlement of all payments due or to postpone the execution of its obligations. In no event can payments due to LOBROT be postponed or subject to reduction or compensation without the written consent of LOBROT.
11.SPECIAL AGREEMENT CLAUSE
Each BUYER/CLIENT authorises LOBROT to send him/her all notifications for the purposes of the file by registered mail with electronic acknowledgement of receipt to the address(es) communicated by the BUYER/CLIENT.
Each BUYER/CLIENT acknowledges and guarantees that he/she has exclusive control of the e-mail account that he/she has indicated, in particular for (i) regular access, (ii) the confidentiality of the identifiers that enable him/her to access it, and (iii) the management of the parameters for receiving and filtering incoming mail. Where applicable, each BUYER/CLIENT guarantees that any third party accessing the E-mail Account is authorised by him/her to represent and act on his/her behalf. The BUYER/CLIENT undertakes to report immediately any loss or misuse of his/her e-mail account. Until receipt of such notification, any action taken by a BUYER/CLIENT through his e-mail Account will be deemed to be carried out by this BUYER/CLIENT and will be the exclusive responsibility of the BUYER/CLIENT for all the legal and regulatory consequences of the aforementioned notifications. Finally, the BUYER/CLIENT declares that he/she has access to a webcam/microphone system which will be necessary to receive the registered mail.