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Application
of General Sales Condition
By
the only fact of placing an order, the customer acknowledges
himself to be familiar with our general conditions of sale
and approve them in their entirety and without reservation.
Intellectual
property
Connecting
to the website , on which VICTA SAS owns of a licence for
use, and has ownership right over the graphics, the customer
is forbidden to copy or download all or parts of its contents,
except with previous and formal authorisation by VICTA S.A.S
Presentation
of the products
The
texts and photographs illustrating the products do not form
part of the contract. All the photographs and objects in this
catalogue act as a guideline. In any case, VICTA S.A.S could
be responsible for a non-conformity of the delivered products
in relation with those in the catalogue.
Delivery
Our
deliveries are made regarding the availibility of the goods.VICTA
SAS could not be responsible for flood, fire, general or partial
strikes, lock-outs, failures of production tools, transport
interuption or delays or even force majeure.
Quantities are estimated only and may vary by up to 10% from
those stated herein.
Claim
It
is the responsability of the consignee to inspect the shipmnets
on arrival and to enter the necessary reservation in the event
of damage or loss. Claim, relating to suspicious defects or
to the non compliance of the products delivered must be made
within 48 HOURS after receipt; after this time claims will
no longer be considered and will not be eligible for a credit
note.
Payment
Non payment or delay
Any
delay of payment in regard to the provision of the contract
will result in interest being applied, after formal notification
on the amount excluding tax at a minimum rate of 1.5 times
the current official interest rate and in refunding of bank
charges. In the event of a non payment of any one amount due
at a date agreed, the entirety of the remaining balance due
or failing due will become immediately payable without prior
formal notification, the event of default being established
as of right.
Should the customer fail to meet his obligation to pay at
the due rate, and in abscence of a deferment approved by us,
the sums due will be increased under the term of a non reductible
PENALTY CLAUSE, persuant to article 1229 of the CIVIL CODE,
by contractually fixed penalty of 15% of the amount unpaid
without prejudice to any interests,expenses and fees which
may result from ordinary legal proceeding.
Defeasance
clause
Furthermore,
should the purchaser fail to fulfil any one of his obligation,
we reserve the right to cancel current orders, without prior
notification, without such action giving rise to damages.
Reservation
of ownership clause
The
goods remain the property of the vendor of the contract until
settlement in full of the price agreed. The risk is transfered
to the buyer as soon as he takes the goods under his responsability
in accordance with the sales conditions established ( Cf INCOTERM
2000 of The International Chamber of Commerce).
The buyer could eventually use or sell the goods in the normal
condition of activity. This authorisation will be automatically
cancelled in case of bankruptcy.
It is the responsability of the buyer to make sure that the
payment is sent ontime inrespect to the payment terms agreed
with the seller.
Relevant jurisdiction
In
the event of disagreement of whatever nature, the commercial
court of LORIENT is to have exclusive jurisdiction to hear
all disputes in respect thereof.
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