Terms and Conditions of Sale
1- Orders are only valid if accepted by Management, and do not become definitive until acceptance. Ali orders imply full and unreserved acceptance of these terms and conditions, which supersede all general purchasing conditions or any other document issued by the purchaser.
2- Merchandise is always shipped at the purchaser’s own risk, and it is our customers’ responsibility to secure their rights with regard to shipping carriers, if they judge it necessary.
3- When merchandise is sold in returnable packaging, this packaging is industrial in nature and remains our property, being exclusively reserved for housing our products.
The charge for this packaging included on the invoice is not a sale but is a deposit for return, the amount of which will be reimbursed if our packaging is returned to our warehouses gratis and in a satisfactory state allowing it to be reused. This return must occur within two months of the original shipment date.
4- All disputes concerning our products shall be submitted to the jurisdiction of the Commercial Court of Lyon.
5- Merchandise is payable to our head office.
6- Payment must be made in full, unless another agreement is negotiated when the order is placed, which must be explicitly specified on the invoice.
Drafts must be returned to the company’s head office within 10 days.
Late payment will automatically result in the application of late payment penalties, calculated at 3.5 times the legal interest rate. These penalties apply starting either:
- from the date of the invoice, if payment in full is stipulated therein, with a ten-day allowance for mail delivery time
- from the agreed-upon payment date, specified on the invoice
The application of these penalties has no incidence on the company’s right to recover amounts owed by any and all legal means.
Non-payment of a single invoice when due, even if this non-payment is partial, will render all sums owed by the Customer payable immediately without prior notice, without prejudice to other legal action that FOURNIER POLYMERS might be entitled to take against the Customer concerning this matter.
Pursuant to Article L441-6 of the French Commercial Code, as of 1 January 2013, any Customer late in paying one of its invoices by the agreed-upon payment date shall, in addition to the late payment penalties calculated in accordance with these Terms and Conditions of Sale, automatically owe a fixed debt-collection penalty of €40 per invoice. The FOURNIER POLYMERS company further reserves the right, upon presentation of receipts, to require additional payment of actual costs incurred for debt collection beyond this amount (Art. L 441-6 of the French Commercial Code).
7- Claims of Defects
We can only take claims into consideration that are received by registered letter with proof of delivery no later than 8 days after the merchandise arrives at its place of destination. Defects that, in spite of careful examination, are impossible to discover within this time period, must be brought to our attention no later than four weeks after the merchandise’s arrivai, with all manufacturing or handling ceased immediately. ln the event that a claim is justified, we will provide, atour discretion, a discount, an exchange, or reimbursement of the purchase price.
Investigation of a client’s claim of defects does not in any way discharge the Client of its obligation to provide payment. Merchandise may not be returned without our prior consent.
No other requests for compensation may be made.
Retention of Property Clause
All merchandise sold remains the property of our company until the purchaser fulfils all of its obligations, particularly that of full payment of the price of the merchandise.
Down payments may be withheld in order to cover possible lasses resulting from the resale of merchandise.