1- Application of the general sales conditions
These general conditions of sale set out the rights and obligations of the Société Nouvelle du Littoral and its customers. They are, therefore, the legal basis of sales contracts for all provisions that have not been the subject of special agreements express. They failed on all clauses contrary contained in any way by the customer, unless express consent of the Société Nouvelle du Littoral. Société Nouvelle du Littoral Society is held by the conditions of acceptance of firm and final order of the customers. All order involves unqualified acceptance of this General Conditions of Sale.
2- Delivery time
Unless expressly agreed otherwise, delivery dates are approximate only, any delay in delivery shall not constitute, nor reasons for cancellation of the sale, nor a cause for awarding damages. The transfer of risk on the product takes place on dispatch from the warehouse of the Société Nouvelle du Littoral. Goods, even delivered free, travel to the risks of the buyer. In the event of damaged or missing, it belongs to the buyer to express reservations by certified mail to the carrier within three days of goods receipt.
3- Price – Invoices and terms of payment
Sales are made according to price list and price terms in effect at the time of placing the order. Goods prices are exclusive of any tax, non-packaged and ex works. Prices are payable in Euros. No discount will be applied for early payment.
For every delivery a receipt is issued then a packing list, the contents of which will be listed on a summary invoice. Invoices are payable in cash.
However the buyer who makes regular orders and whose creditworthiness is established may ask for payment term. The payment date which is considered, is the full and actual payment receipt by the Société Nouvelle du Littoral.
4- Late payment
If Buyer fails to make any payment in the due date, it will be applied interest on arrears at a rate equal to the interest rate applied by the most recent ECB’s refinancing, increased by 10 % points from the date of expiry of the applicable payment.
In addition a compensation for contractual damages will be applied, a lump sum fixed at one hundred Euros per invoice will be claimed in addition to interest on arrears, according to administrative costs of unpaid bills handling. These penalties will be payable on request of the seller and will be calculated from the due date until the date of final settlement.
- In case of non-payment 48 hours after an injunction to pay was unsuccessful, the sale may be cancelled by operation of law.
In all cases above, the amounts, which should be due for any reason whatsoever, shall become immediately due. Payments must be made at the company headquarters; the foreign sales are payable by bank transfer, delivery or credit.
5- Risk transfer and Property
The transfer of risk of loss, deterioration or damage of goods takes place with the arrival of goods at the place of destination (before unloading) for sales with the transport, and from the collection of the goods on the site of Seller in case of ex-works sales. The liability of Seller is limited, however, to the risk of loss, deterioration or damage to goods excluding any other risk. The Seller refuses any liabilities for damage sustained or caused during transport, such as for example damage to third parties by the goods, late deliveries, etc …
In any case, the seller’s liability will never exceed the limits of liability of the carrier.
6- Force majeure
If as a result of force majeure New Littoral Society is obliged to stop its deliveries, order fulfillment which Société Nouvelle du Littoral, has committed will be suspended during the time the company will be unable to meet its commitments. Are considered as force majeure, and without this list being limited, natural disasters, strikes, transportation stoppages, fires, floods, sabotage, accidents, riots, wars, laws or regulations affecting the relations between France and other State would enact such a ban on exports.
7- Caution before use
All products developed by Société Nouvelle du Littoral are carrying out in accordance with French, European and/or international standards. BIPM ensures that the quantities supplied are authentic. Products must be stored away from heat and at a relative humidity as low as possible. Products must be moved with care to avoid any risk of breakage or damage to them. Liability of Société Nouvelle du Littoral is not engaged in the event of non compliance with the requirements for the transport, storage or use of products. The buyer acknowledges having read the Safety Data Sheet (available on site http://www.snl.fr) for the goods delivered. At his request the seller will send an additional copy.
8- Applicable law and jurisdiction
Sales made under these terms and conditions of sales are subject to French law.
The parties shall seek, before any legal action, an amicable agreement. Any dispute or litigation between Société Nouvelle du Littoral and his customers registered in France will be submitted, unless required by law, to Tribunal of Commerce of Narbonne (11). Any dispute or litigation between Société Nouvelle du Littoral and his foreign customers will be referred to arbitration of the International Chamber of Commerce of Paris according to the arbitration rules of the organization.