General terms and conditions of sale
The conditions below apply to all transactions carried out by the company in the absence of a specific contract expressly stipulating the points on which the company accepts a derogation. The placing of an order entails their acceptance by the customer notwithstanding any reservations or requirements that may accompany it.
1° - The company only considers as orders those which it has accepted in writing. No order can be partially or totally cancelled during execution.
2° - The company's written offers are only valid for an immediate response. Prices are subject to change without notice, even during the execution of an order with split deliveries.
3° - Delivery times are given only as an indication and the company can in no case be held to any compensation in case of delay.
4° - The recipient must check the quality, quantity, weight and dimensions of the goods delivered. In case of non-conformity with the order, he must notify the company within 2 days by registered letter with acknowledgment of receipt, if the defect is apparent and within the same period from the time he has had the knowledge if the defect is hidden. Material defects, even if hidden, as well as dimensional errors only oblige the company to replace the offending products without any compensation, the products thus replaced remaining its property. The company does not accept any return of goods without prior written authorization.
5° - THE STUDIES AND RECOMMENDATIONS ARE MADE VOLUNTARILY AND GIVEN AS A PURELY INDICATIVE TITLE, THEY DO NOT ENGAGE THE RESPONSIBILITY OF THE COMPANY. THEY DO NOT CONSTITUTE AN ELEMENT OF EXECUTION AND IT IS UP TO THE USER UNDER HIS OWN RESPONSIBILITY TO CHECK THEM AND TO VERIFY THAT THEY TAKE INTO ACCOUNT THE GENERAL RULES APPLICABLE FOR THIS KIND OF REALIZATIONS AND THE PARTICULAR CONDITIONS OF USE.
6° - The company reserves the right to subordinate at any time the execution of the contracts, even after the partial delivery, to the cash payment or to the supply of guarantees and this, whatever the modalities of payment initially planned and without having to justify its reasons. In case of lack of supply from the factories, the buyer has the choice to accept the cancellation of the order or to support the suspension of the deliveries in progress, without the company being able to be held to any compensation.
7° - Reservation of property: We reserve the property of the goods supplied until the day of their perfect payment.
8° - Terms of payment: the goods sold are payable at the Head Office which has invoiced them, without our bills of exchange or other means of payment constituting either a novation or a waiver.
Unless otherwise agreed in writing, our invoices are payable within 30 days of delivery, shipment or availability.
In the case of cash or advance payment in any form whatsoever and for any reason whatsoever, SOFRA INOX shall not accept any discount for payment.
Failure to pay a single bill of exchange or a single invoice on its due date shall result in the forfeiture of the term of payment and shall render all debts, even those not yet due, immediately payable.
In the event of late payment, interest on arrears at the rate of 1.5 percent per month shall be payable without notice of default.
In the event of late payment, a fixed indemnity of 40€ for collection costs will be due.
9° - Jurisdiction clauses: for any dispute, whatever its nature, relating to a sale of Company, the Commercial Court of CLERMONT-FERRAND is only competent. Our drafts do not entail any novation or derogation.
10° - Penalty clause: In the event of default by the debtor, the sums due recovered by legal action will be increased by a fixed indemnity of 20% of their amount, in addition to the default interest (calculated on the basis of the Bank of France's advance rate).