GENERAL TERMS AND CONDITIONS OF SALE KAPSEA 2023
These general conditions of sale cancel and replace all previous general conditions of sale.
All orders placed with our Company are automatically and automatically governed by these general conditions of sale which take the place of law between the parties. Consequently, any commercial relationship with our company implies full acceptance, without reservation, of these general conditions of sale by the customer and entails definitive renunciation of its own general conditions of purchase insofar as they are contrary to or derogatory from these general conditions.
The prices indicated in our general catalog are understood to be net, excluding taxes, delivered to the warehouse of the recipients. The offer mentions a minimum order amount below the transport costs will be charged. The prices subject to special conditions, special offers are exclusive of tax and are firm for a maximum period of one month, from the date of writing them. In the event of longer lead times indicated on our price offers, or in the event of scheduled or deferred deliveries, the prices communicated beforehand may be subject to variation depending on the evolution of the costs of raw materials, logistics or shipping costs. dispatch. In the event of cancellation or suspension of an order, KAPSEA reserves the right to invoice the costs incurred.
- PAYMENT TERMS
The only terms of payment accepted are those stipulated in our offers and our order confirmations. Orders are not final until they have been accepted. The order will be considered as accepted, at KAPSEA's choice, by written confirmation or by outright shipment of the products.
The payment period for our invoices is set at 30 days from the date of issue of the invoice by bank transfer. In the event that we agree to longer payment terms, we reserve the right to require payment guarantees from the Buyer. In the event of immediate payment upon receipt of invoices, a discount of 1% of the amount of the invoice will be applied. The Buyer who proceeds for the first time to an order of goods, must proceed to the cash payment of the goods as soon as the order is confirmed. Any discounts, rebates and rebates may be put in place depending on the turnover achieved or substantial annual contracts or promotional operations.
Any breach of the agreed terms of payment, such as non-return of an item within 8 days or rejection of a draft or even non-payment on the due date or postponement of the due date (non-exhaustive list), automatically entails and without any prior formal notice, the immediate payment of the entire corresponding debt and subsequent debts even if their due dates have not reached their term. In addition, this breach of the agreed payment conditions will be accompanied by late payment interest, the contractual rate of which is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points and which, unless otherwise provided, may not however be less than three times the legal interest rate. Late penalties based on the sums due will be calculated on the basis of the price including tax appearing on the invoice. In addition, a lump sum compensation for recovery costs in the amount of €40 per invoice will be due according to legal provisions and KAPSEA reserves the right to request additional compensation, on supporting documents in the event that the recovery costs, such as by example of lawyers' fees, would exceed the fixed price mentioned. In addition, KAPSEA reserves the right to suspend or cancel the execution of contracts in progress, without prejudice to any damages. In the absence of payment within 8 working days from the sending of a formal notice with A. R., any contract in progress may be considered as automatically canceled by KAPSEA. No claim made by the Buyer can lead to the modification or cancellation of the payment of our invoices. In all cases, KAPSEA reserves ownership of the goods delivered until full payment of the price by the Buyer, even if the goods have already been resold by the Buyer.
The products ordered by the Buyer will be delivered within less than 8 working days from the receipt by KAPSEA of the order. This deadline is given as an indication and without commitment. It does not constitute a strict deadline and KAPSEA cannot be held liable with regard to the Buyer in the event of a delay in delivery. Any delay in delivery cannot justify the cancellation of the order or the refusal of the goods or give rise to the payment of damages. The goods travel at the Buyer's risk and peril. They are generally insured under the standard conditions of carriers. The recipient has the obligation to check the conformity and condition of the goods upon receipt. In the event of damage or loss of parcels noted on delivery, it is up to the recipient to immediately make the necessary reservations to the carriers by stipulating this in writing on the transport receipts and to exercise his recourse against the companies or organizations responsible for their delivery. Regarding non-conformities or apparent defects and anomalies, any declaration must be sent to KAPSEA in writing within a maximum period of 8 days from receipt of the goods. In the event of non-compliance with these deadlines, any complaint will be considered inadmissible. In the event of a request for special packaging, the costs shall be borne by the Purchaser. Unless agreed in advance, partial deliveries are not accepted. In the case of partial delivery, each delivery will be considered as a single act and its execution or non-execution does not call into question all the orders and deliveries remaining to be made.
- CASE OF FORCE MAJEURE
Cases of force majeure may lead KAPSEA to modify the execution, delivery, prices and contractual conditions provided. KAPSEA would not be held responsible and the Buyer could not claim any compensation for the damage suffered. The non-exhaustive list of cases of force majeure include war, epidemics, floods, strikes, shortages of equipment, raw materials or labor, interruption of deliveries from KAPSEA's suppliers, all causes resulting in the total or partial unemployment of the KAPSEA factories, the interruption, reduction or stoppage of transport.
KAPSEA warrants to the original purchaser, during the defined warranty period, that the product will be free from defects in parts or workmanship, unreasonably affecting its performance (product specifications conforming to the data sheet). KAPSEA also warrants that the delivered products are free from excessive cracking, coating peeling and corrosion. Within the framework of the KAPSEA guarantee, we take care of the free repair or replacement of all defective parts due to faulty workmanship or material. The warranty on KAPSEA products is subject to the additional terms and conditions mentioned in this document. Unless otherwise stated, the warranty period is 66 (sixty-six) months from the date of shipment. This warranty is for the original purchaser. If you are not the original purchaser, please contact your local dealer or distributor for assistance. Unless otherwise stated, all KAPSEA branded and OEM products sold by KAPSEA are subject to the same warranty terms and conditions. To be eligible, the products must be handled, transported, stored, installed and maintained in accordance with the storage policy, product application, product data sheet and installation manual designed and decided by KAPSEA.
Warranty claims due to improper use are not covered. KAPSEA may require the warranty claimant to send the part to a specified address for product inspection. The claimant must also authorize access, at KAPSEA's request, to the places of installation and/or use of the defective product as well as to the technical information relating to the warranty claimed, such as the environment of use of the product, storage conditions, voltage, ambient temperatures, etc. Once a defective product has been identified as such in accordance with the general conditions, KAPSEA will decide on the appropriate measures, such as repair of the product, replacement of the product (equivalent or improved technical specifications) or a credit. Unless otherwise stated, this warranty does not bind KAPSEA beyond the amount of the original purchase price, other costs of repair or replacement of the product, such as installation costs for example, are not covered by our standard warranty program.
- RETENTION OF OWNERSHIP
The delivered goods remain our property until full payment of our invoices. In the event of total or partial non-payment of the invoice(s), on the agreed due date, KAPSEA may demand, as of right and without formality, the return of the goods sold subject to retention of title. KAPSEA will assert its rights by registered letter with AR and the buyer must return the goods upon receipt of said letter. In the event that the Buyer has already disposed of the goods acquired under retention of title, he transfers to KAPSEA the right to directly recover payment for the goods sold from the purchasers.
- PRODUCT RETURNS
Returns of products (except in the cases stipulated in article 6) can only be accepted after written agreement from our sales department and within a maximum period of six months from the issue of the invoice. KAPSEA reserves the right to refuse a return for any reason. The return is made at the expense of the sender. The credit for the return will be based on the invoicing price of the said product during the initial sale and a 20% reduction will be applied to it for participation in the costs.
- INTELLECTUAL PROPERTY
KAPSEA reserves in all cases the intellectual property rights for the products, photos, drawings, profiles, sketches, produced by it. The buyer does not have the right to divulge, transmit, copy and market these documents and objects without the prior written authorization of KAPSEA.
If one of the provisions of these general conditions of sale proves to be invalid, this will not affect the validity of the other provisions, it being understood that the invalid provision will be considered reduced to a lawful extent. The courts of Gap (Hautes-Alpes, France) will have sole jurisdiction for any dispute, whatever its nature, even in the event of multiple defendants or warranty claims.