General Terms and Conditions of Buy – AEROFORM FRANCE
Our orders are considered as accepted by ourselves after written confirmation on our order which have to be signed by a person empowered to sign from the company. When there is no written confirmation, we reserve the right to refuse any invoicing and any delivery of goods. Our orders are considered accepted by suppliers, after having acknowledged of receipt at the latest within 10 days from the date of the order. In the absence of this acknowledgement of receipt, our orders will be considered as implicitly accepted. The acceptance of our orders by suppliers implies the full and complete acceptance, unless otherwise agreed.
All deadlines mentioned and fixed in the contract, commit the supplier and should be occurred; the contractual deadline cannot be amended without our agreement. The agreed date of delivery of the goods appears on the order; it is the one that the supplier made a commitment to put the goods available, in quality and in quantity, at the address specified in the order. In case of delay of the supplier, we reserve the right, as compensation of the UNDERGONE DAMAGE:
- To apply a late delivery penalty equal to 0.5% of the total amount HT per day of delay with a maximum of 10% of the total amount of the order and/or to assign the supplier for damages in reason of the prejudice.
- To rescind the contract by rights without any need of formal notice in case the delay would be upper fifteen (15) days.
- Dispatch – Shipment
The packaging, which is always chargeable to the supplier, must be adapted to all supplies that have been ordered, to shipment and to destination. In case of damage or of loss, due to the inadequacy or to the imperfection of the packaging, the supplier is held responsible. All shipping is subject to a dispatch note containing all the information necessary for the identification of parcel (including references of our order, nature and quantity of the goods, name of carrier). Our signature on the register of the carriers should not be considered as an acceptance of the goods received as for weight, quantities, qualities, etc. The goods would worth acceptance, only if the control made by us is successful as it mentioned in Clause 5.
- Ownership transfer – Risk transfer
Ownership transfer is made according to the common law of sale notwithstanding any reservation of property which could not be set against us if it is not signed by one of our authorized representative. Risk transfer takes place upon delivery of the goods at the place indicated on the order.
We reserve the right to check at anytime, the proper implementation of the contract in your company.
The supplier warrants the goods against any defects during a period of two (2) years, from the date of delivery. If there is any defect noticed by our service, the supplier will have to fix the situation by reinstatement of the goods or by replacing the defective/flawed goods, and all at his own expense. The supplier will be responsible for the consequences that these defects had result to our customers and to ourselves, the supplier will have to fix this situation too by reinstatement of the goods or by replacing the defective/flawed goods, and all at his own expense. In case that the supplier is unable to ensure the good execution of the present clause and after formal notice, we reserve the right to execute the necessary work at the expense of the supplier without prejudice.
Unless otherwise agreed, price mentioned are overall and lump-sum.
All invoices are issued in three (3) copies; the complete reference of the order must be mentioned as well as the address of our company which should be in the order too.
Unless otherwise agreed, invoices are paid by bank draft, accepted and domiciled, within 60 days net from the delivery date.
The supplier agrees to maintain absolute confidentiality to the design, technical and commercial elements, which we give him access to; and shall not be disclosed to third party.
- Plans and equipments
Parts will be executed in accordance with specifications given on the plans submitted. Unless otherwise agreed, drawings, plans, models and tools designed for us, are our property and must, upon request, be returned to us.
- Terms of surveillance
- Settlement of dispute
Any disputes relative to the interpretation or the execution of our order, in the absence of agreement, as the contract is governed by the French law, the final judgment handed by the court will be decided in the court of the jurisdiction of Lyon.