SOBEM-SCAME TERMS AND CONDITIONS OF SALE

Last update: : January, 25 2017.

The present terms and conditions are an integral part of our sales proposals and offers, and are accepted concordantly.
Exemptions may only be issued following a joint agreement by both parties.
All orders placed imply full and unconditional acceptance of the following terms and conditions:
 
1 - Commitment - The commitments made by agents and representatives are only valid following written confirmation on our behalf.
 
2 - Deadlines - The stated deadlines are always provided as a guideline only and are not binding, unless in the event of a special agreement explicitly accepted by us. A late delivery may not be used as grounds to apply any penalty, fine, retention of payment or damages and interest, in particular for unseen events out of our control. A late delivery cannot be used as legitimate grounds to cancel an order.
 
3 - OWNERSHIP -
By express agreement, notwithstanding any contradictory clause:
 
a) We retain full ownership of all merchandise sold until the full payment of the price and any accessories.  Only the actual cashing of cheques and other bills of exchange constitutes payment.
 
b) In any case, the possession of the merchandise and the associated risks are transferred to the purchaser, from the moment they leave the factories, warehouses or stores of the seller.
 
c) The purchaser agrees to conserve this merchandise in such a way that it cannot be confused with others, and may be recognised as being our property.  In any case, it is agreed that the merchandise located on the purchaser’s premises, and those listed in our despatch and any other documents, will be considered to be those delivered by us.
 
d) Payments by the purchaser, no matter how the purchaser attributes them later, will be attributed in priority (for the application of the present clause) to the invoices corresponding to the merchandise which has been used or resold.
 
e) Reservation of ownership applies, in the event of unpaid invoices, to merchandise of the same nature still held by the purchaser, regardless of the delivery date and the corresponding invoice.
 
f) By accepting delivery, you expressly accept this clause.
 
4 - Technical specifications - The merchandise is delivered in accordance with our technical specifications.
Due to the changes in standards and equipment, the specifications listed on our documents (text, photos, dimensions, etc.) are only binding following confirmation from us.
 
5 - Industrial property rights - The client is solely responsible for the specifications which they provide. We cannot be held liable in the event that any of the submitted patents, designs or models are counterfeit or fraudulent. The client agrees to guarantee us against any claim which could be made against us.
 
6 - Tools - The client’s participation in the costs incurred by the creation of tools must be paid at the time of order. These tools will remain our exclusive property. We will conserve them for no less than two years from their last use.
 
7 - Delivery - Our merchandise is provided to the purchaser, who must be capable of receiving them without having to be summoned to do so.
 
8 - Transport - Our merchandise is considered accepted and approved in the factory. The purchaser is responsible for the risks and dangers of merchandise transport, no matter the terms of their transport contract. We therefore cannot accept any responsibility for rust, dampness, twisting damage or any other damage whatsoever suffered by the merchandise once despatched or made available to the client.
If any failure is observed upon arrival, such as any kind of damage, it is the responsibility of the recipient to address the necessary claims to the transporter within the legal timeframe in order to avoid any future disputes and retain their right of recovery against this party. The client or their transporter is solely and wholly responsible for loading. As a result, we cannot be held accountable for any damage suffered either by the merchandise, the transporter or any third party as a result of incorrect loading, in particular due to vehicle overloading, no or insufficient securing, poor load distribution and, in general, any infraction of the current road transport regulations.
 
9 - Complaints - All complaints, especially those relating to dimensions, weights, quantities and apparent quality defects may only be accepted if they are submitted in writing within no more than two days from the arrival of the merchandise at its destination and prior to any use or transformation, and if the disputes concerning the quantities, weights and conditions have already been the subject of legal reservations against the transporter.
No claims concerning any provision whatsoever exempt the purchaser from paying their invoices by the due date.
No merchandise may be returned to us without prior consent from us. It must be delivered at the expense of the purchaser, and we will only provide credit following the satisfactory return and verification of the brand new condition of the merchandise. If the response requires a technical examination, our decision to submit it for testing will depend on the decision made by our technical department. In the event that the equipment is in perfect condition for use, the costs incurred for testing, repackaging and storage are estimated at 15% of the equipment’s value and will immediately be invoiced to the purchaser.
We cannot accept the return of items no longer listed in our catalogue or equipment manufactured according to specific demands (non-standard).
 
10 - Guarantee - Our products are covered by a two-year guarantee, starting from the date of delivery.
Our interventions relating to the contractual guarantee are made in our workshop once the anomaly has been observed and assessed. The costs of returning the products must be borne by the client. The guarantee consists of replacing or repairing the products or components covered by the guarantee which have been judged to be defective. This guarantee also covers labour costs.
The guarantee is void in the event of incorrect use, negligence or lack of maintenance by the client, for example in the event of normal wear on the item or of force majeure.
The replacement of the defective products or components will not extend the aforementioned guarantee period.
Any intervention not covered by the guarantee will be listed in a quote, and submitted to the client for acceptance.
 
11 - Decontamination - Products or components sullied by asbestos, chemical products or any other substance considered hazardous to the health of our personnel and which have not been decontaminated prior to return will systematically be refused upon delivery. We may not be charged for any costs incurred by this refusal.
 
12- Liability - Our liability is expressly limited to the replacement of merchandise which has been acknowledged as defective, or reimbursement of their value (our choice), and does not extend to the payment of any compensation of any sort.
 
13 - Prices - Prices listed do not include tax for merchandise not packaged upon despatch from the factory. Unless there is a specific agreement in place, they are established according to current economic conditions. Our deliveries are invoiced upon the basis of the prices in effect on the date of despatch.
 
14 - Payment - Unless there is a specific agreement in place, payments are due thirty (30) days from the end of the month in which the products are despatched or released, no later than the 10th (tenth) of the following month, net and without discount.
Payment conditions may not be modified by the purchaser. Any modification made by the purchaser to the payment conditions and any late payment will require the entire sum owed to be paid, even if this sum has led to a bill already in circulation: in this case, we reserve the option to suspend or resolve all ongoing sales, wholly and without prior warning.
All sums not paid by the due date will be subject to the application of an interest rate, without any prior warning, based on the interest rate applied by the BCE (Refi rate), and increased by 10 points. Additionally, a fixed-rate penalty of 40€ for collection costs will be incurred.
We reserve the option to ask the purchaser for payment guarantees at any time.  If these guarantees are not provided, we will be released from our commitments.
 
15 - Attribution of jurisdiction - An express agreement, formally agreed and accepted by our clients and notwithstanding any contradicting clauses, states that the Dijon Trade Court is the only court which is competent to rule on any disputes relating to the interpretation and execution of any orders, contracts or related affairs, to any products supplied by us and to their payment, regardless of the location of the payment, even in the event that several defendants are called to court.
 
Due to the changes in standards and equipment, the specifications listed on our documents (text, photos, dimensions, etc.) are only binding following confirmation from us.
Last update: : January, 25 2017.