General Terms & Conditions of Sale

1. SCOPE OF APPLICATION

Any order implies on the part of the buyer, the knowledge and unreserved acceptance of our general terms and conditions of sale, unless a waiver is accepted in writing. In addition, any order placed is firm and cannot give rise to total or partial cancellation without the written consent of LOBROT. Please write the order in a way that avoids any problem interpreting quantities, references, and prices.

The products or services sold by our Company are intended for any natural or legal person acting within the framework of their professional or commercial activity.

By express agreement, these general terms and conditions of sale are applicable notwithstanding any contrary clauses that may appear on purchase orders or any other documents emanating from our customers - buyers.

2. DELIVERY

Deliveries are made either carriage forward when the customer notifies us, or carriage paid by us and invoiced otherwise. The shipping cost indicated on our documents corresponds to delivery under normal conditions (access for freight trucks, dock and/or unloading equipment). Otherwise, a surcharge will be billed, even for a carriage-paid delivery.

3. INVOICING

Invoicing is established according to the pricing in effect on the day of delivery.

4. PAYMENT

The first order must necessarily be accompanied by its payment by check or bank transfer. Our invoices are payable by check, bank transfer, or commercial paper at 30 days net. Drafts or promissory notes must reach us accepted and domiciled no later than eight days after receipt of the invoice. Failure to comply with this clause would lead us to require cash payments for subsequent orders. Any request for an account implies unreserved acceptance of our general terms and conditions of sale.

5. PRICING

The selling price of the products listed in our Catalogs and/or any other printed material is indicative. Products are supplied at the LOBROT prices in effect on the day the order is placed. The applicable price is the one indicated on our websites www.multiroir.com, www.mdose.fr, www.lobrot.com, and www.multibac.com at the time the order is placed.

All our prices are established in euros and are exclusive of taxes, shipping, and customs duties unless otherwise stated. LOBROT reserves the right to modify the price of its Products or associated services at any time. Prices may vary, for example, in the event of exceptional changes in raw material costs, limited-time promotional offers, and/or changes in regulations related to eco-contributions or other taxes.

If, for economic reasons, particularly in the event of an increase in the price of raw materials, certain prices were to be modified before the end of the quote's validity period, the customer would be informed beforehand at the time of the order.

Pursuant to Article L. 541-10 of the French Environmental Code, LOBROT is registered in the producers' register under the registration number: FR320613_01SSIS (ADEME).

6. DELIVERY TIMES AND EQUIPMENT RETURNS

Delivery times are given as an indication. We cannot be held responsible in the event of a delay and no compensation can be claimed from us in this respect. Order balances are normally maintained unless otherwise advised. Goods are neither taken back nor exchanged.

No return can be accepted without our prior agreement. Return costs are the responsibility of the customer unless it is our error.

7. WARRANTY

The supplier guarantees that its products comply with the specifications determined in the order and accepted by it. It is up to the customer to specify the intended use of the goods. Quantity: all claims regarding quantities must be made by phone and confirmed by registered mail with return receipt within 48 business hours following receipt of the goods. Claims not made in the above forms and timeframes will not be considered.

Our warranty excludes the consequences of abnormal use, lack of maintenance, or normal wear and tear. In general, whatever the use made of the parts supplied, it is up to the customer to verify their compatibility with the products they intend to put in contact with them.

The warranty covers "return to factory" (travel for a technician and the round-trip shipping of the goods to the factory are at the customer's expense). Only spare parts and labor are covered by LOBROT if the warranty conditions above are met.

8. TRANSPORT

Goods travel at the recipient's own risk, without prejudice to the retention of title clause. Regardless of the recipient (and the terms of the sale), delivery is deemed complete as soon as the carrier takes charge of the packages. Since they travel under the carrier's responsibility even when carriage paid, it is the buyer-customer's responsibility to grant discharge or not to the carrier by signing the transport receipt with or without specific reservations. The Customer must verify the conformity of the delivered or collected goods before signing any delivery document. In the event of an anomaly being noted, the Customer must indicate their reservations directly on the delivery document, followed by their signature. In the event of a serious anomaly being noted (torn or open packaging, missing or damaged products...), the Customer will refuse the package and specify the reasons for their refusal on the delivery document. This verification is considered to have been carried out as soon as the Customer, or any person authorized to receive the package on their behalf, has signed the delivery document.

9. RETENTION OF TITLE

In accordance with the provisions of the law of May 12, 1980, and that of January 25, 1985 (No. 85-98), our goods are sold with a retention of title clause. Therefore, LOBROT retains full ownership of the delivered goods until full payment is made. However, the buyer becomes responsible for the goods upon collection and will therefore bear the risk of damage they may suffer or cause from that moment on. Delivered goods cannot be resold before their actual full payment; the sending of a Promissory Note (B.O.) or an accepted Bill of Exchange (L.C.R.) is only considered payment upon cashing. If, as an exception to the above, LOBROT authorized its buyer in writing to resell the delivered goods or process them, their resale or processing would grant LOBROT the right to claim the price or part of the unpaid goods, our customer undertaking, in this case, to inform their buyer of this retention of title clause and our right of claim.

10. TERRITORIALITY

These terms of sale apply to Metropolitan France. For Corsica, the DOM-TOM (French overseas departments and territories), and other countries, EXPORT terms of sale apply.

11. PENALTY CLAUSE

By express agreement between the parties, any failure to pay on the due date automatically entails the forfeiture of the term and makes the entirety of our claim immediately payable, as well as late payment penalties equivalent to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points. In accordance with Decree 2012-1115, in addition to the aforementioned late penalties, a statutory flat-rate indemnity for collection costs of €40 including VAT will be owed by the Customer. Furthermore, all remaining sums due in this respect will be automatically increased by a flat-rate indemnity equal to 15%, without however this sum being less than €75, which will be paid by the Customer as a penalty clause, without prejudice to statutory late payment indemnities. All penalties, statutory and conventional indemnities, are automatically and rightfully acquired by LOBROT, without any formalities or prior formal notice and without prejudice to any other action that LOBROT would be entitled to bring against the Customer. The amount of the penalties will be automatically deducted from any sums owed by LOBROT to the Customer, for whatever reason. In the event of non-compliance with the above payment conditions, LOBROT reserves the right to proceed with the cancellation of the sale, to condition any acceptance of new orders from the Customer, to make all future payments from the Customer immediately due, or to suspend the performance of its obligations. Under no circumstances may payments owed to LOBROT be suspended or be the subject of any reduction or compensation without its written agreement.

12. SPECIAL AGREEMENTS CLAUSE

Each BUYER/CUSTOMER authorizes LOBROT to send them all notifications required for the file by registered mail with electronic acknowledgment of receipt to the address(es) provided by the BUYER/CUSTOMER.

Each BUYER/CUSTOMER acknowledges and guarantees that they have exclusive control over the email account they have indicated, in particular for (i) regular access to it, (ii) the confidentiality of the credentials that allow access to it, and (iii) the management of parameters for receiving and filtering incoming emails. Where applicable, each BUYER/CUSTOMER guarantees that any third party accessing the email account is authorized by them to represent them and act on their behalf. The BUYER/CUSTOMER undertakes to immediately report any loss or misuse of their email account. Until such notification is received, any action taken by a BUYER/CUSTOMER through their email account will be deemed to have been taken by that BUYER/CUSTOMER and will be the exclusive responsibility of the latter for all legal and regulatory consequences of the aforementioned notifications. Finally, the BUYER/CUSTOMER declares that they have access to a webcam/microphone system that will be necessary to receive the registered mail.