Unless otherwise jointly agreed in writing, the placement of any order by the purchaser duly constitutes acceptance of these general terms and conditions of sale notwithstanding any provision to the contrary in the purchaser’s own general terms and conditions of purchase.
Orders sent to us by our customers do not constitute a firm sale until written acceptance on our part is given. Proposals, plans and advertising by XL TECHNIQUES S.A.S. do not constitute a firm commitment. XL TECHNIQUES reserves the right to make any technical modifications that it considers appropriate without being required to apply them to equipment already supplied.
The prices stated in our quotations are applicable to an order placed within 30 days of the quotation date. After that period the quotation is deemed withdrawn.
An order does not become effective and final until written acceptance is given by XL TECHNIQUES.
Delivery periods are given as an indication only and delays do not entitle the purchaser to cancel or reject an order or to claim compensation.
Our goods are shipped at the recipient’s own risk whatever the means of transport or methods of payment of the transport cost. (delivered or carriage forward)
Invoices are payable to the XL TECHNIQUES S.A.S head office. Payment shall be made 45 days from end of month of invoice, without discount by express agreement. Failure to pay for our goods by the due date shall render all sums remaining due payable with immediate effect, whatever the stipulated method of payment, application of compensation in the form of a penalty of 15 % of the sums due and, in accordance with decree No. 2012-1115 of 02.10.12, a fixed penalty of 40 € for recovery costs. In accordance with Law No. 92-1442 of 31.12.92, default of payment shall also result in application of a penalty for delay at a rate of twice the legal rate of interest.
In accordance with the provisions of the law of 12 May 1980, the goods remain the property of XL TECHNIQUES S.A.S until the price is paid in full. The purchaser gives a personal undertaking to us not to dispose of the equipment by any means whatsoever, either by creation of a pledge, or in full title, or by pledging as security, until the price is paid in full.
In the event of violation of any of these general terms and conditions or the special terms and conditions of sale or any other obligation relative to an order already agreed or yet to be agreed, XL TECHNIQUES S.A.S shall be entitled to deem that order and any order in progress to be duly cancelled, without compensation on its part and without prejudice to any damages in its favour.
The equipment sold is guaranteed against any material or manufacturing defect under the conditions below. The operational defect shall occur within a period of 6 months of delivery for use of the equipment as defined on the order. Exclusions from the warranty are as follows:
If the defective material or design originates from the purchaser
If the operational defect results from intervention on the equipment without written permission
If the defective operation is caused by normal wear on the equipment
If the defective operation is caused by a maintenance defect on the part of the purchaser
If the defective operation results from a force majeure circumstance.
XL TECHNIQUES S.A.S accepts no liability for loss of liquid for any reason whatsoever, even in the event of accident. Under the warranty XL TECHNIQUES S.A.S will replace free of charge any parts agreed to be defective by its technical services. The costs of intervention on site and labour costs are not covered by the warranty and are payable by the purchaser. Replacement of parts does not result in an extension to the warranty period.
In the event of dispute, the courts of Besançon shall have sole jurisdiction, even in cases of introduction of third parties or multiple respondents.
NOTE ON PRICES
In view of the significant variations in raw material costs, the prices shown on our price lists and proposals are liable to be revised. However, if a price implication should occur, we can assure you that we will use our best endeavours to limit its effects.