These General Terms and Conditions are applicable to all sales made by Sifas.
The placing of any order implies full and unconditional acceptance of these terms and conditions, which take precedence over any other document.
I – ORDERS
Unless specifically agreed otherwise, all orders must be placed in writing.
II – PRICES
Goods are billed at the prices applicable on the day of the order. Prices are given inclusive of VAT. Shipping is extra.
If delivery is deferred to a later date at the customer’s request, the price applicable is the price on the day of delivery.
III – DELIVERY AND WAREHOUSING
Delivery lead times are given as a guide only. Late delivery cannot give rise to penalties, compensation, refusal to accept the goods, or cancellation of orders in progress.
Orders made available to customers can be stored in our company’s warehouses for no longer than one month. Once this period has expired, and after notice has been served, our company will be entitled to bill the customer for warehousing costs or to place the goods in alternative storage at the customer’s expense and risk.
Goods are shipped at the recipient’s risk, to the destination given by the customer when ordering. Customers are to indicate any reservations on accepting the goods to the carrier at the time of delivery.
Any reservations must be reported to the carrier within three days by registered mail with proof of delivery, in accordance with the provisions of Article 105 of the French Commercial Code.
IV – PAYMENT TERMS AND CONDITIONS
Invoices must be paid in accordance with the terms and conditions stipulated thereon. Failure to pay on a due date will result in:
1. all sums due becoming payable immediately;
2. late payment penalties in accordance with Article L.441-6 of the French Commercial Code, these will be owed from the day after the payment date shown on the invoice in the event payment is overdue. The interest rate charged as the late payment penalty is the statutory rate in France plus
10 percentage points;
3. the €40 statutory fixed charge for debt collection costs will be enforced pursuant to Article D.441-5 of the French Commercial Code.
In addition, any late payment will automatically result in the suspension of fulfilment of any orders in progress until payment in full of all outstanding invoices.
V – RETENTION OF TITLE CLAUSE
Goods remain the property of our company until full payment of the price agreed plus any ancillary charges arising.
If the customer fails to meet any one of its obligations, our company may enforce this retention of title clause five days after serving formal notice to the customer by registered mail with proof of delivery which is not then acted upon within said five days. The goods must be returned to our company
immediately, at the customer’s expense and risk.
In the event of failure to pay all or part of the price by the due date, for any reason and in any way whatsoever, our company may, as of right and with no other formalities, demand the return of the goods at the customer’s expense and risk. The parties expressly agree that transfer of title is separate from the transfer of risks.
VI – GUARANTEE
The goods are guaranteed against manufacturing defects commencing from the delivery date, within the limits stipulated below. Our company guarantees that goods comply with the order placed. The guarantee is expressly limited to the replacement of defective goods. Surface treatments
are excluded from this guarantee. The customer cannot demand that the company take back goods without justification. No returns are accepted without our company’s prior written agreement. Our company cannot be held liable in the event that the goods sold are used under improper conditions or in a way incompatible with the nature of the goods.
VII – EFFECTIVE DATE
The present terms and conditions come into effect on 19 July 2019. They supersede all other previous general terms and conditions covering the same subject matter that might appear on our documentation or that have been agreed by any other method.
VIII – FORCE MAJEURE
Our company is released from all its obligations if the manufacture or delivery of goods is prevented or delayed by external events beyond our control.
This will include situations of force majeure and other circumstances including but not limited to strikes, procurement difficulties, transport interruptions, fires, embargoes, accidents and defective raw materials.
IX – APPLICABLE LAW – ELECTION OF JURISDICTION
All sales made under these general terms and conditions are governed by the laws of France.
Should an amicable agreement not be reached, the courts of Cannes will have exclusive jurisdiction over any dispute relating to the sale of the goods, including for appeals or multiple respondents.
This election of jurisdiction is general and applies to a main claim, additional applications, substantive proceedings and summary proceedings alike, regardless of the place of delivery or the payment method accepted.