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WHAT ARE THE GENERAL TERMS AND CONDITIONS OF SALE OF THE SCREW-EXPRESS.COM WEBSITE?
APPLICATION:
Unless otherwise stipulated in our writings, orders placed with us are subject without exception to the following general conditions, which prevail over any conditions of purchase.
All orders are final as soon as we send the customer an acknowledgement of receipt of the order, and the customer may not modify or cancel it.
PRICES:
Our prices are established according to the economic conditions in force on the day of our offer and may be increased on the day of delivery in the event of a variation in these conditions, unless otherwise expressly agreed in advance. Our prices are net prices, exclusive of taxes and all ancillary costs (postage, delivery costs, fixed invoicing costs, special controls, etc.).
In accordance with the AGEC law, the Eco-contribution is displayed on invoices and paid to the Eco-organisation dedicated to PCMB (FR301800_041YBS), DDS (FR301800_07JTXI), Household packaging (FR301800_012CUP) and Graphic paper (FR301800_03GQCQ).
AVAILABILITY:
The availability of products indicated on our website is given as a mere indication and without guarantee, the actual availability being indicated in our order acknowledgements.
WEIGHTS AND QUANTITIES:
The weights and quantities indicated in our price lists or catalogues are given as an indication and cannot be relied upon for the delivery of the products. The weights and quantities delivered may vary from the weights and quantities ordered according to the tolerances accepted in the profession.
DELIVERY DEADLINES:
The deadlines that we are called upon to state for the execution of orders are given as a mere indication and without guarantee. War, strikes, epidemics, interruption of transport, shortage of transport material, lack of electrical power, accidents and any other cause beyond our control leading to partial or complete unemployment of our establishments or those of our suppliers, subcontractors, service providers or transporters, are all cases of force majeure which authorise and justify delays in the execution of orders or contracts. Under no circumstances shall we accept the cancellation of an order in progress or grant a discount on the amount of the invoice. Delays can in no case justify the cancellation of the sale and give rise to deductions, penalties, compensation or damages. If we were to accept, exceptionally, an imperative delivery time, the delay in delivery could only give rise to a penalty if the principle had been expressly accepted in advance.
SUPPLY:
The customer is obliged to supply all products ordered, even if delivery schedules have been agreed. Specific products are defined as products whose marketing is specific (products on plan, products consumed by the customer only, products with coating, etc.) to the customer's needs. In the event of non-rotation of the stock of these products, even though supply, order or delivery programmes have been set up in agreement with the customer, the latter undertakes to accept delivery of the remaining stock of the products concerned, which it will pay for under the usual conditions.
DOCUMENTS:
All information relating to the general characteristics, resistances, uses or achievements of the products, all normative, qualitative, dimensional, pricing information or of any other nature, all drawings, all information in general appearing in our catalogues, CD ROMs, Internet sites, delivery notes, order confirmations or any other support are given as an indication, non-exhaustive and without any guarantee on our part, except for an express acceptance clause. Furthermore, this information is given subject to possible typographical, printing or other errors. The export of the information contained in our documents to the documents of our customers or any other natural or legal person is the responsibility of the latter. If a purchaser or any other natural or legal person wishes to give a contractual character to specific information, he must make a written request to us and only then our written acceptance is valid. All the information we publish and all the products we sell are subject to change, substitution or withdrawal without notice and without liability.
USE OF THE PRODUCTS:
The customer or any other natural or legal person consulting us and/or ordering products from us, is in particular responsible for
* the choice of the product,
* The transmission to our services of its precise definition,
The customer or any other natural or legal person consulting us and/or ordering products from us is responsible for:
* the choice of the product,
* the transmission of its precise definition to our services,
* the research, consideration and respect of all the technical characteristics of the product within the framework of the use made of it by the customer according to its needs,
* the suitability of the product for the conditions of use and the installation environment,
* the use and interpretation of the documents consulted, the results obtained, the advice and actions deduced.
Consequently, we shall not be held liable on any of these grounds, including, but not limited to, the use of our information documents or a consultation, an offer or an order.
DELIVERY - TRANSFER OF RISK:
Unless otherwise stipulated, the delivery of the products is carried out by handing them over directly to the purchaser, or to the carrier or service provider designated by him or, failing that, chosen by us, and this from our shops or those of our service providers, subcontractors or suppliers. If it is impossible to deliver or in the absence of instructions on the destination, the delivery is considered to be made by a simple notice of availability, the products being then invoiced and stored, at the expense, risk and peril of the buyer. The transfer of risks to the buyer is carried out at the time of delivery as defined above, notwithstanding the right of retention of title.
Whatever the mode of transport used, whether by land, sea, river, air or any other type, even if the prices have been established and the products sent carriage paid, the latter travel at the risk of the consignee, who must, in the event of shortages, delays or damage occurring during transport, stipulate reasoned reservations on the transport note and exercise all recourse against the carriers in accordance with Articles L 133-3 and L 133-4 of the French Commercial Code. The products are only insured on the express instructions of the buyer and at his expense.
HYDROGEN ENJOYMENT - OXIDATION - RESERVED:
Electrolytic treatments for all materials with a hardness of more than 320 Hv may lead to embrittlement of the product due to the presence of hydrogen. Warning: whatever precautions are taken, the presence of hydrogen, which cannot be totally eliminated, always entails a risk of delayed breakage due to this embrittlement and the complete elimination of this risk cannot be guaranteed. It is up to the customer to determine whether the use of the product requires complete elimination of the risk. If complete elimination is required, then a suitable coating and preparation method must be used. For all products that may be subject to accelerated oxidation due to their environment, the customer is responsible for the determination and choice of the product and the consequences of this choice. In any case, we cannot be held responsible for oxidation of the products unless it is demonstrated that the product is a hidden defect.
WARRANTY - LIMITATION OF LIABILITY:
In all cases where, after contradictory examination, it is recognised that the products delivered do not conform to the order or contain anomalies or a material defect making them unfit for use, our company's warranty is limited to the simple supply of replacement products, insofar as our supplies allow and without any indemnity or compensation of any kind for labour costs, delay, prejudice caused or any other reason that may be invoked. Replacement is excluded in the event of normal wear and tear of the products, deterioration or accidents resulting from negligence, lack of supervision or maintenance and defective or inappropriate use of the products. It is up to the buyer to provide all justification as to the traceability of the products in question and as to the reality of the defects, anomalies or non-conformities noted.
No return of products will be accepted without our prior agreement, particularly with regard to the method of delivery. Products that are subject to replacement must be returned to us free of charge to our shops and any replacement products will be made available to the buyer from our shops.
Under penalty of forfeiture of the right to the guarantee as previously defined, claims relating to our products must be made by registered letter with acknowledgement of receipt. No complaint will be accepted after the use of the products delivered or after the period of 8 calendar days following their receipt, for anomalies, non-conformities or apparent defects. In this respect, it is the responsibility of the recipient to check immediately, upon receipt of the products, that they do not have any of these defects. In other cases of defects in the product delivered, the time limit for making a complaint is 8 calendar days from the discovery of the defect.
Any transformation or modification of any kind (treatment, coating, machining, etc., without this list being exhaustive) of the product delivered, carried out by the customer, by his own customers, by his subcontractors, or by any other person, releases us from any responsibility concerning this product and the use made of it. If it is demonstrated, after contradictory examination, by the purchaser, by his own customers, by his subcontractors, or by any other person, that the anomalies or the defects making the delivered product unfit for use are not consecutive to the operations of transformation or modification which it underwent, the guarantee of replacement of our company will come into play in the terms and conditions recalled above.
Our products are not intended to be used for aeronautical or aerospace applications. Only a specific written request from our customers which has been the subject of a written commitment on our part is likely to engage our responsibility.
PAYMENT:
Unless otherwise agreed, our invoices are payable at our registered office before delivery. Any change in the financial or economic situation of the purchaser may result in a reduction of the outstanding amount and an adjustment of the payment terms at any time. No discount is granted for early payment.
DEFAULT OF PAYMENT:
Default of payment of a delivery authorises us to suspend shipments.
The buyer may never, under any pretext whatsoever, withhold all or part of the sums due, nor operate a compensation. Any deduction from the payment of our invoices shall constitute an incident of payment justifying the suspension of deliveries and the forfeiture of all claims.
PENALTY CLAUSE:
It is expressly stipulated that in the event of non-payment on the due date shown on our invoices, compensation equal to 10% of the sums due, with a minimum of 20.00 euros, shall be immediately payable by right as a penalty clause, independently of the legal interest and without the need for a reminder.
RESERVATION OF TITLE CLAUSE:
The transfer of ownership of the products delivered to the purchaser will only take place after full payment of the price, in principal, interest and accessories and as long as any other claim that we have on the purchaser for whatever reason has not been settled. The non-performance by the buyer of his payment obligations or more generally any event likely to create a serious doubt on the good solvency of the buyer, will allow us to demand by right the return of the products held by the buyer. We are entitled to take back the products from the buyer at any time, and for this purpose we are already authorised, as well as our employees and agents, to enter the buyer's premises. The submission of a bill of exchange or other instrument creating an obligation to pay does not constitute payment within the meaning of this clause.
Our products may be resold, processed or assembled before final payment in the normal course of our customers' business, provided that the claims arising from the resale or processing are assigned to us in the event of non-payment of our invoices on the due date. The right of resale, processing or assembly shall automatically cease if the customer defaults on payment or is subject to insolvency proceedings. This last provision is defined as an obligation not to do as defined in Article 1142 of the Civil Code.
ATTRIBUTIVE CLAUSE OF JURISDICTION AND APPLICABLE LAW:
In the event of a dispute (regardless of the place of the contract, the place of delivery and the place of payment), it is agreed that the courts of Lyon will, in all cases, have sole jurisdiction to hear the case, to the exclusion of all others, and even if there is more than one defendant or if there is a call for guarantees. Delivery free of charge, our effects or acceptance of payment do not constitute a novation or derogation to this jurisdiction clause. It is agreed that the competent courts will rule by application of French law.
VAT: We pay VAT on debits.