Terms of sale
ADP SA Château Lagrézette
46140 Caillac, France
Téléphone : 05.65.20.07.42
Email : firstname.lastname@example.org
Capital : 2 925 005€
SIRET : 423 018 001 00069
N° TVA Intracom : FR08 423 018 001
Any order addressed to Alain Dominique Perrin SA, hereinafter referred to as A.D.P. SA, leads to compliance of the present terms of sale which constitutes the law of the parts.2 - ORDERS
Any order sent to A.D.P. SA becomes definitive only after its acceptance by the trader.
This acceptance is considered as acquired if not expressly refused within fifteen (15) days from the order’s reception date.
A.D.P.SA is released from its obligation of delivery in every case of fortuitous event or case of force majeure. The quantities ready to be delivered at the time of the event must be accepted by the buyer.4 –PRICE
The prices are charged by A.D.P. SA on the basis of the current price lists at the date of the order and are established in Euros.
The shipment expenses are chargeable to the buyer.
The applicable price lists may be modified at any time, on the only initiative of A.D.P.SA.
The orders are payable:
- Cash if the buyer is not covered by recovery insurance
- 60 days, date of invoice if the buyer is covered by recovery insurance.
If buyer fails to make payment by due date, partially or totally, the following conditions will be applied:
- The payment of the balance will be due immediately without preliminary formal request.
- The main part of the debt will be increased of penalty interests based on the Banque de France advance on securities rate, increased by two (2) points;
- All the amicable or judicial recovery expenses are chargeable to the buyer.
- A.D.P. SA may suspend its deliveries until complete regularization of the terms, if the company wishes to.
The goods travel at risk and danger of the recipient, whatever the mode of transport and the modalities of payment of the price. At delivery, the recipient will verify the state of the goods and if necessary will express reservations which will have to be confirmed within three (3) days by recorded letter with acknowledgment of receipt to the carrier. For lack of proceeding so, the buyer will be deprived of his rights against A.D.P.SA.
Any complaint relative to defects or vices affecting the delivered goods must be formulated by recorded letter within eight (8) days, either from their reception date if they are visible, or from the date of their discovery, if they are hidden.
The delivery date indicated on the order is purely indicative. Delay in delivering goods does not allow the buyer to cancel the order, refuse the goods or claim for damages.
A.D.P. SA does not accept any return of goods which has not been preliminary and expressly agreed by the A.D.P.SA.
Any recovery of goods, duly accepted, will be made in the following conditions:
- The expenses of return are chargeable to the buyer sender;
- The goods travel at risk and danger of the buyer sender;
- The goods must be returned in their original package, in perfect state of preservation.
The delivered goods remain the property of A.D.P. SA until complete payment of their price by the buyer.
However, the buyer is authorized, within the framework of the normal exploitation of his establishment, to resell the delivered goods.
Accordingly, in case of payability and of non-payment of totality or part of the agreed price, A.D.P. SA can, as the case may be, claim the goods in the hands of the buyer or the amount of the claim on the price of their resale in those of the third buyer.
The risks transfer of the sold goods is carried to the buyer when order is confirmed. The buyer will have to insure goods preservation and subscribe an all-risks insurance policy until complete payment of the price.
Commercial relationship between A.D.P. SA and the buyer does not allow the buyer to use the trademarks registered or exploited by A.D.P. SA, as well as any other trademark or distinctive sign commercialized by A.D.P. SA, its traders and its affiliated suppliers.10 –ADVERTISING
No advertising and no use of commercial or advertising documents mentioning the brands and registered signs and/or exploited, mentioned in the article 9 of the present terms, can be made without the express and preliminary agreement of A.D.P. SA.11 – CHOICE OF JURISDICTION - APPLICABLE LAW
Any disagreement concerning the present contract will be submitted to the exclusive competence of the commercial court of CAHORS. The sale contract and its consequences are subjected for their interpretation and their execution, to the French law.