| Sales conditions |
|
GENERAL CONDITIONS OF SALE "DIONYSOS SYSTEMS"
GENERAL CLAUSES Our sales are subjected to the present general conditions which prevail on all conditions of purchase, except formal exemption and express of us.
ORDERS: The orders can be addressed to us by mail, telefax, Internet or by telephone, directly with our sales department. A written confirmation will have to be sent obligatorily to us for any cancellation of order by the purchaser. We will send at the address that you have communicated all the articles you ordered, except for those which are not available the day of the treatment.
PRICE, TERM OF PAYMENT, PENALTIES . 1 - PRICE. The prices are stipulated in euro, VAT in addition, ex-works and they are guaranteed for the tarif into force except case of absolute necessity or error of typography or impression. The prices mentioned are considered fixed according to dates' registered on the tariff. But in the event of glaring error, DIONYSOS SYSTEMS Cy reserves the right to modify them without notice. 2 - TERMS OF PAYMENT. For the opening of an account, you will have to provide us with a bank account number accompanied by a letter with your letterhead (addresses, Tel., fax...), like your number of NAF or APE and your n° SIRET , European Identification number. The terms of payment are: with the order, deposit of 30% of the order amount, the balance at 30 days FDM as from the date of invoicing. A minimum of invoicing is established with 457.00 euros HT. No discount is authorized for the anticipated payments except formal acceptance of "DIONYSOS SYSTEMS". Any payment must be made out with the order of DIONYSOS SYSTEMS. The payments will be done by bank transfer or SWFT in Euro.
3 - PENALTIES. In the case that the purchaser is missing in the payment of any sum due to the salesman, this one reserves the right, with or wi thout notice, to suspend any delivery with the purchaser, until complete payment and to take again possession of the delivered DELAY OF PAYMENT: In the event of delay of payment, the purchaser incurs automatically an interest on arrears equal to the legal rate of interest raised of 0.7 %. RESERVE OF PROPERTY: The salesman keeps the property of the goods sold until the effective payment of the entirety of the price of the invoice. In the event of litigation or from dispute on behalf of the purchaser, no compensation, of any kind, can call into question the clause of reserve of property. This provision does not make obstacle with the transfer to the purchaser as of the delivery, of the risks of loss and deterioration of the goods sold as of the damage which could be caused. Pursuant to the Law n° 80.335 of May 12, 1980, the sold goods remain the property of the salesman until integral payment of the price and its accessories (clause of property).GUARANTEE: All the products have a one year guarantee as from the date of our invoice, return shipping at the purchaser costs. Any complaint will have to give details on the use of the article, the date of purchase and the place where the defective component is. We reserve ourselves the right either to replace this article, or to establish a credit note. The responsibility is limited only to the goods provided by "DIONYSOS SYSTEMS" and does not apply to the damage, wounds or loss of income coming from a defective component. a) - CONDITIONS For APPLICATION OF the CONVENTIONAL GUARANTEE : the goods are guaranteed against vice operation coming from a defect of matter, manufacture or design, under the conditions below. The guarantee is excluded: if the matter or the defective design comes from the purchaser, if the vice comes from an intervention on the good carried out without authorization, if the operating fault comes from the
fair wear and tear of the good or a negligence or a permissive waste on behalf of the purchaser, if the operating fault results from the cause beyond b) - EXECUTION OF the GUARANTEE : the salesman will replace or make repair the parts found defective free by his engineering depart- ments. This guarantee covers the expenses of labour. The replacement of the parts does not prolong the duration specified in the paragraph above. c) - LIMITATION OF RESPONSIBILITY: of convention express between the parts subject to the provisions of the law n° 98.389 of May 19, 1998 the responsibility for the salesman resulting from vice from operation is limited to the preceding provisions, with regard to hidden defects and the immaterial damage.
TIMES, RETURNS, LITIGATIONS, CONTESTATION : It is highly recommended to check your parcels in the presence of the deliveryman. In the event of damages, it will not be accepted any complaint, if the facts were not related to the receipt of the conveyor. No return of goods will be accepted without prior agreement of the After-sales service, and will have to be carried out free of port, within maximum 10 days. The products will have to be turned over to us in their packing of origin, to be accompanied by the number of the file "return", given before by the A.S.S., as well as invoice or delivery order corresponding. The turned over products will be the subject of a quality control before decision. In the event of return of goods due to the fact of the customer, we will see ourselves in the obligation to deduce from the expenses, corresponding to 2% of the value of the product concerned, with a contractual minimum of 23.00 euros, corresponding to the file expenses. In the event of contestation the commercial court of BEAUNE (21) will be only qualified. CAUSE BEYOND CONTROL : DIONYSOS SYSTEMS will not be held responsible for the delay or defect for execution for its obligations in the event of cause beyond control, in particular in the event of natural disaster, bad weather, fires, explosion, flood, nation-wide strike, accident, riot or civil disorder, abnormal delay because of the suppliers, shortage of product and matter.AVOIDANCE CLAUSE: In the event of no execution of its obligations by one of the parts this contract will be automatically solved with the profit of the other part, without damage - interests which could be claimed by the failing part. The resolution will take effect 10 days after the sending of a setting in residence remained unfruitful. EXPORT: A minimum of order of 5 300.00 euros is required for any shipping abroad. For the first the payment orders will be carried out before the forwarding of the products. For the following orders: for any order lower by 5 300.00 euros, the payment will be carried out: 50% with the order, the balance with 30 Days end of the month. For any order higher than 5 300.00 euros, the payment will be carried out by credit irrevocable and confirmed, on French bank to 30 Days end of the month. Special packing, carriage costs for any sending outside France are the responsibility of the purchaser. |