General conditions of sale
The hereafter general conditions apply to all relations between ATS and its customers who agree with them as soon as they accept the offer that is a soon as the order is sent.
Any order accepted by our company implies the agreement to our general conditions of sale by the buyer.
Contract formation :
When we establish a quotation, it defines specific conditions which can change or complete these general conditions of sale. When we receive an order, it will be considered accepted once the buyer gets a written acceptance from us. In this case this acceptance will constitute the particular conditions.
GOODS RECEPETION, DAMAGES, MISSING GOODS, DELIVERY TIME
Any goods, even sent Franco, travel at the own risks of the recipient who has to exercise his recourse against the carrier in case of missing goods, loss, damage or delay. In case of damage, of missing goods or of frost, the state of the goods must be recorded on arrival and reserves must be affixed on the delivery form and confirmed by certified letter to the carrier within three days after the reception (article 105 of the commercial law).
No return of goods will be accepted without our agreement.
The delivery delays are given for indication only and couldn’t be considered imperative.
If the delivery is delayed for any reason independent from our will, it will be considered delivered on the agreed date.
The goods will neither be taken back nor exchanged beyond a period of eight days after the delivery by certified letter with recorded delivery, or for special orders.
PROPERTY RESERVE (law 80.335 of May 12th, 1980)
Our clients commit themselves to take all necessary dispositions to individualize the goods as our company’s property
In case of resale, our company could also reclaim payment from the new owners who should be informed by our clients about the retention of property
Our repairs, works and supplies are payable cash in ARQUES following the current price list on the day of the delivery.
In the case of a hire purchase, the non-payment, even partial, of only one of the terms will result, by rights, in the forfeit of the term and the immediate payability of the totality of all sums due to us. In case of nonpayment, an interest of 1,3 % for late-payment will be applied to the current base lending rates increased by any taxes in addition chargeable to the customer per month on the totality of the sums.
PAYMENT: a discount of 1 % per month will be deducted from the total sum excluding tax in case of pre-payment.
CASE OF ABSOLUTE NECESSITY
The salesman is not responsible for delivery problems in the execution of the sale when this problem is due to a case of absolute necessity. Also epidemics, strikes, lockouts, accidents of manufacturing and failures from the carrier are contractually assimilated to a case of absolute necessity. If the situation so created goes on for three months, the salesman can cancel the sale, without compensation, by warning the buyer by registered letter.
The total or partial stop of the usual sources of supply in raw materials and in energy necessary for the execution of the programs of manufacturing will contractually be assimilated to a case of absolute necessity and the deliveries will be reduced in proportion to the available funds of raw materials and of energy, the buyer being informed as soon as possible.