General selling conditions prudhomme S.a

Specific meterial for elevators

Price offer

Except in case of stipulated different conditions, our offer is valid 30 days (60 for export) from the the date of the offer.

The order must be confirmed in writing by the buyer. Every order signifies acceptance of the general terms of sale performed here, the order must be confirmed in writing by the buyer.
The order must be completely defined, the minimum amount of an order is 15€.

Disclaimer of liability

Prudhomme S.a is not responsible for damages and accidents in connection with the products if these were not installed as stipulated and for the certain use.

The price

The products are calculated for the topical price at the order date. The prices are given without taxes and with the fixed uniform price (delivery not included - export ex-works, incoterm 1990NR460 - Except counterpiece written confirmation).
The rates can be changed without announcement at every moment in accordance with the course of the raw materials.

Delivery

The given term of delivery is an avarage and not respected delivery date cannot lead to annulation, refusal of the order, punishment or other penality.
The customer takes the risk of the delivery, it is the buyer's affair to guarantee the security of the transport and to assure the material according to the commerce norm 150.
In case of partial delivery the customer must pay the sum of the suitable broadcasting.
The customer cannot take as a pretext that he has not received the complete order, not to pay the delivered material.
The receiver obliges himself to control the delivery within 10 days and to signal within 10 days possible defects. Prudhomme S.a dosn't accept product return which dosn't correspond with the order form (hidden- our material-defects). The replaced products become the property of prudhomme S.a and the customer cannot ask for compensation.
In case of unpossible delivery due to the customer, we keep to us the prerogative to keep the material; if itself is a special manufacture act the increase in value is 1% except value added tax, each month from the defined delivery date.

The payment

The buyer obliges to himself to pay the ordered materiel for the topical price at the order date and in the defined way.
For the foreign country and DOM TOM it is delivered without paid-up transport (incoterm Ex-Works 1990NR460). If the payement-date is not respected, a rise of 1.95% is calculated, this per month of delay for the complete sum of the order up to complete payment in case of that a Rechnun.
The first delivery is delivered only after complete payment if not differently stipulated.
For foreign countries and DOM TOM orders have to be paid in Paris. In case of 'documentary credit' the costs of the loan are carried by the customer.
In case of payment by foreign currency, the possible exchange rate costs are carried by the customer.

Property right

Prudhomme S.a remains owner of the delivered material up to complete payment included accessories (law 80335 from the 12th of May, 1980).
If the paiement-date is not respected, prudhomme S.a can claim poperty on the delivered material, (law 8598 & 8599 from the 25 january 1985).
These conditions don't oppose the fact that the customer is resposable for lost and devastation of the material from the moment of delivery.

Garantee

The delivered material is guaranteeed against material -, fabrication - and function mistakes.
The misfunction must appear within 6 month after delivery.
Are excepted:
- If the material - or function - disturbed material comes from the customer.
- If the misfunction is due to an act which is not allowed by prudhomme S.a.
- If the misfunction is due to normal wear, misuse or non-respect of service-recommandations.
- In case of higher force.
- Guarantee meens that the customer can exchange the disfunctioning material for free.
- It isn't possible to claim restitution of the delivery.

Repair

Each repair is caused by a price-offer.

Higher force

In case that prudhomme S.a can't deliver due to higher force, the normal process of fabrication and delivery restarts when normal conditions are possible. Higher force means each event that is not caused by seller or customer like stike of the delivery-company or industry, war, epidemy, revolution, etc…

Jurisdiction clause

Each contest is been defeated by the trade court of Paris, independent from the selling-conditions and payement-conditions, even in case of multiple defence. Each contest is treated in accordance to the french law.