COMMITMENT TO SALE
The commitments negotiated by our agents or representatives can’t be definitive or obligatory unless our acceptance.
Our merchandises are sold and possessed in our factories or in our warehouses, that is, when regarded as agreed and accepted, the goods travel at the consignee’s own risk, whatever the conditions of sale, the way of transportation, and the terms of shipping, in particular in case of carriage-free sale. It is incumbent on the buyer to guarantee his rights towards to the carrier, especially to demand the counting and the weighing of the incoming parcels and to require complying with the provisions of article 105 of Commercial Code. The carriers are responsible for the weight declared by the shippers, or accepted or checked by them at the start.
RETURNABLE AND LENDED PACKING
Our packing, even though returnable, is an industrial material remaining in our ownership, and is kept exclusively for the accommodation of our products. The consignment does not constitute a sale, but represents a payment by our customers as a deposit that will be refunded as soon as the post-paid material in a good state of use is returned to our factory.
We will be released from all the responsibilities for the delay or non-delivery resulting from force majeure, such as breakdown of machinery, strikes, epidemics, floods, lack of raw materials, etc…The delivery dates are given at all time for information, and the delay coming from an unexpected incident in manufacturing will in no account give rise to a compensation from us. Any possible delay does not entitle the customers to cancel the orders or to refuse to accept the goods.
No claim will be allowed if it isn’t be send to our Registered Office within one week after the receipt of the goods, or if the goods have been handled. On no account will be the return of goods that have been specially made or treated. Our guarantee is strictly limited to our supply. In all the cases, the replacement at our cost of the goods delivered by us can come into effect at most, no recourse or indemnity for any other reason. The claims for payments of damages or penalties for whatever reason will be well-founded only
All our invoices are payable directly to COUSIN BIOTECH in WERVICQ-SUD (Nord). Term are 30 days date of invoice. Discount « 0 » for payment in advance.
Our payment time runs from the date of shipment from our factories or warehouses, or from the date when the merchandise is at disposal in the event of deferred delivery due to the buyer. Non-payment of an invoice on its expire date results in the deletion of any possible discount and should render any other invoices payable immediately, even if they have given rise to the drafts already put into circulation; in this case, the drafts which have been accepted will be refunded against the payment. Non-payment of the invoice gives the faculty either demand cash payment before the shipment of all new goods, whatever the conditions of the order relating to the goods, or to postpone, or to cancel all the orders that have been recorded by us in the name of the delinquent debtor and to be executed without compensation or period of notice. If payment is not performed on the due date of the invoices, the interest adds up to three times of the legal rate in force with a minimum of 3%. Furthermore, a fixed compensation fee of 40.00
Euro for administrative processing will be charged in conformity to the decree n ° 2012-1115 of October 2nd, 2012 for any late payment exceeding 10 days. The deduction of the payment on ground of the claim by the customer is excluded. All the new tax expenses, customs and the charges, which concern the transportation resulting in an Increase of the production, cost in the course of the execution of a contract or an order should add to the agreed price.
OWNERSHIP RESERVATION CLAUSE
The seller retains the ownership of the goods until an effective and whole payment of the principal and incidental prices. Under format convention and dispensation, the existence of the present ownership reservation clause does not prevent the risks of loss or the deterioration of the goods that has been transferred to the buyer as from the delivery. Moreover, any deposit paid by the buyer on the day of a possible return of the goods will remain established by the seller in name of an inclusive payment of immobilization. The coverage of the goods by the buyer entails acceptance on the latter of the above mentioned ownership reservation clause.
The clauses printed or stipulated in order forms sent to us, by formal consent, are considered as null if they are different from the present conditions of sale which remain the sole applicable
Any contestation that our devices can raise shall be brought to the Commercial Court of Lille, whose jurisdiction is accepted by both parties and is the only one to be competent to hear. Our drafts or acceptances of payments carry out neither novation nor dispensation from the present clause of attribution of jurisdiction.