1. In placing its order with us, the Purchaser has accepted all of the general conditions of sales as described herein, notwithstanding ant proposed change in terms contained in its own purchasing documents. The Purchaser’s orders are thereafter subject to our written acceptance, and may be reduced or cancelled bys us for any reason, including our inability to supply.
2. Whenever authorizations concerning import, exchange transactions or other formalities are required for the importation of our Products into the country of destination, or for payment thereof, the obtaining of such authorizations and compliance therewith within the applicable time period is as the sole expense and complete responsibility of the Purchaser.
3. All sales of our products are final, and will not accept the return of any Products for credit or exchange. Payment must be made in the same currency as invoiced.
4. Pour prices and price list are always subject to change without notice. They are given ex-works PECHADOIRES – FRANCE.
5. The 2000 incoterms of the international Chamber of Commerce define our and the Purchaser’s reciprocal obligations unless they differ from the terms herein, in which case these general conditions shall prevail.
6. It is the Purchaser’s responsibility to preserve all claims against the carrier in the event of loss, damage, delay, etc. and to take all necessary steps within the required time period.
7. Our Products are warranted to be free from defects in workmanship. Our liability under this warranty and the Purchaser’s remedy will be limited to replacement of the product involved or their equivalent value as of the date of shipment from our factory. We shall not be responsible in any way for loss and damage caused by any abnormal or improper use of our Product. All our prescribed conditions for our Products must be adhered to by the Purchaser, who is in turn obliged to so inform the consumer.
8. It is prohibited to re-export our Products outside the country for which they have been ordered, unless this clause is contrary to applicable law. In the event that this restriction is breached, we reserve the right to cease all deliveries.
9. Unless otherwise agreed to by us, which agreement may be revoked at any time, our Products are to be paid in advance at our principal place of business, regardless of the manner and place of delivery.
10. Notwithstanding the previous paragraph, if we ever, because of acceptable representations or guarantees, agree to the purchase of our Products on credit, the sole fact of non-payment of any one instalment on the due date shall given us the absolute right to terminate the credit terms immediately, and the entire balance of the mount owed shall then become immediately due and payable. In addition we can require, upon written notice addressed to the Purchaser, legal interest for late payment, accruing from the due date until the payment. We also reserved the right to suspend the performance of our own obligations until the overdue payment has been made. Upon failure of the Purchaser to fulfil its payment commitments on time, we reserve the right to suspend and/or cancel the sale at any time, and, upon notice to the Purchaser, to reprocess both the shipping documents and the Products until we have received equivalent value corresponding to the amount shown on our invoice. FORGES GORCE shall remain owner of the goods sold until full settlement in respect of the goods has been received by FORGES GORCE.
11. The Purchaser cannot offset any amounts dues us by any sums owed to the Purchaser by us.
12. Events beyond our reasonable control resulting in particular in non-delivery, late delivery, a non conforming delivery, shall be considered as Force Majeure and/or falling within the ICC definition n°421
13. Sales consummated pursuant to these conditions b governed by and construed with the French law.
All litigation shall be brought before the courts vested with jurisdiction within the city of THIERS-FRANCE.