Terms of Sales
Accueil | Terms of Sales
1/ Preamble
These General Terms and Conditions of Sale (GTCS) apply to all orders placed with the company PRECISE France within the framework of business-to-business commercial relationships. For the purposes of these terms, the parties are defined as follows:
- PRECISE France, hereinafter referred to as “the SELLER;
- Any legal entity or sole trader acting for purposes falling within the scope of their professional activity, hereinafter referred to as “the CLIENT”.
Placing an order implies the CLIENT’s full and unconditional acceptance of these terms, to the exclusion of any other document. The SELLER reserves the right to modify these General Terms and Conditions of Sale at any time and without notice. However, the applicable GTCS shall be those in effect at the time the CLIENT places the order.
2/ General provisions
Placing an order implies the CLIENT’s full acceptance of these GTCS, which may not be cancelled or amended without the SELLER’s express agreement.
All quotations are valid for an option period of one month. Orders are only valid after express acceptance by the SELLER, including those placed by telephone or through a sales representative. Any order cancellation will result in the reimbursement of all costs incurred by the SELLER.
3/ Prices
Prices are quoted exclusive of tax (excl. VAT) in euros, Ex Works Peillonnex, packaging and shipping not included. Prices are based on our offer and remain valid for a three-month option period. These are base rates and may be adjusted after one month depending on procurement costs negotiated with subcontractors. Prices are only binding after acceptance and confirmation by the SELLER through an order acknowledgment, unless the offer was already accepted.
Any modifications to designs, quantities, or specifications not previously accepted in the offer will lead to a price adjustment if they influence costs.
4/ Delivery
All goods are insured at the buyer’s expense for a cost of 1/1000 of their market value. The CLIENT is responsible for inspecting shipments upon arrival. In case of transport-related non-conformity, the CLIENT must report it to the carrier. No claims will be accepted without a signed damage report from the carrier.
Delivery lead times are specified in our order acknowledgment and are subject to a permissible delay of up to three times the initial lead time without incurring penalties. Delays caused by any event that slows down or halts operations in our workshops, supplier failure, or force majeure shall not give rise to penalties or order cancellation.
Unless otherwise agreed, we reserve the right to deliver and invoice partial shipments.
5/ Retention of title clause
PRECISE France retains ownership of the goods sold until full payment of the price, including principal and ancillary amounts. In the event of court-ordered receivership or liquidation proceedings against the CLIENT, PRECISE France reserves the right to reclaim unpaid goods under applicable insolvency procedures.
From the moment of delivery, all risks are transferred to the CLIENT, including theft, damage, or third-party liability. Failure to pay any due amount may result in the reclaiming of the goods. Any down payments may be retained to cover potential resale losses.
6/ Payment terms
Subject to credit insurance coverage of the CLIENT by our credit insurer, goods must be paid for at our registered office. A 20% down payment is required upon ordering, with the balance due within 45 days end of month from the invoice date.
For repair services, payment is due 45 days end of month. If credit is denied, prepayment via proforma invoice is required prior to delivery.
Late payments will incur penalties calculated based on an interest rate equal to three times the legal interest rate, prorated for each day of delay (Article L.441-10 II of the French Commercial Code). In addition, a fixed collection fee of €40 will apply, as per the same article.
In the event of non-payment, we reserve the right to suspend deliveries. Furthermore, eight days after formal notice by registered letter with no effect, all outstanding amounts will become immediately due.
7/ Warranties
Warranty is provided in accordance with the manufacturer’s standard: 12 months for product sales and 6 months for repairs. All claims must be submitted within 30 days of delivery. No returns will be accepted without prior written approval.
If the CLIENT modifies or commissions a third party to modify allegedly defective products, any associated charges will not be accepted unless expressly approved by the SELLER.
8/ Disputes / Settlement of disputes
Only French law shall apply under the exclusive jurisdiction of the courts of Annecy, regardless of the terms of sale or accepted payment method, including in cases of third-party claims or multiple defendants.
Only French law shall apply to any dispute. This contract is governed, interpreted, and enforced in accordance with French law. The only binding version of these GTCS is the French version.
9/ Discounts and early payment
We do not offer any rebates or commercial discounts. No early payment discount will be granted.
10/ Force majeure
The Parties shall not be held liable for any failure to perform due to force majeure, as defined under Article 1218 of the French Civil Code and relevant case law. Force majeure refers to an unforeseeable, unavoidable, and external event preventing the fulfilment of obligations.
The SELLER must notify the CLIENT by email or registered letter within 15 days of such an event.
Examples of force majeure include: strikes, riots, wars, terrorism, natural disasters (storms, floods, earthquakes), epidemics, transportation or communication blockages, IT failures, government restrictions, or any event beyond the Parties’ control that prevents contract performance.
11/ Hardship clause
If, after the conclusion of the contract, an unforeseeable change of circumstances makes performance excessively onerous for one Party, that Party may request a renegotiation of the contract, pursuant to Article 1195 of the French Civil Code.
The Party must notify the other in writing, specifying the new circumstances and providing supporting evidence. The request does not suspend performance of current obligations unless agreed otherwise. The Parties shall negotiate in good faith to reach an agreement within 30 days of receipt of the request. If negotiations fail, the Parties may:
- Mutually agree to adapt or terminate the contract under mutually agreed terms; or
- In the absence of agreement, refer the matter to the competent court for contract adaptation or termination, in accordance with Article 1195.
12/ Compliance clause – Sanctions and embargoes
The CLIENT declares that it is not subject to any sanctions, embargoes, or asset freezes imposed by any competent authority (EU, UN, USA, UK, etc.), and complies with all applicable export control, economic sanctions, and anti-terrorism financing laws.
The CLIENT undertakes not to use the products or services supplied in any way that would breach such regulations.
Any breach may result in immediate suspension or termination of the sale, without liability or compensation on the part of the SELLER.
PRECISE FRANCE SAS
-
1200 Route de Findrol
Bâtiment A
74250 PEILLONNEX - +33.450.36.90.15
- precise@precise.fr
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