Effective from 01/01/2022
Article 1: Purpose and scope of application
The present General Terms and Conditions of Sale (GTCS) form the basis of commercial negotiation and are systematically sent or handed to each purchaser to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of ROTOTECHNIX and its customer in connection with the sale of all goods marketed by ROTOTECHNIX.
Acceptance of the quotation/order form, including the clause “I acknowledge that I have read and accept the attached general terms and conditions of sale”, implies the buyer’s unreserved acceptance of these general terms and conditions of sale.
Article 2 : Prices
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the rate of VAT and transport costs applicable on the day the order is placed.
ROTOTECHNIX reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Article 3 : Discounts and rebates
The prices quoted include any discounts and rebates that ROTOTECHNIX may grant on the basis of its results or the assumption by the purchaser of certain services.
Article 4 : Discount
No discount will be granted for early payment.
Article 5 : Terms of payment
Orders must be paid for :
– either by bank transfer ;
– or by cheque.
Payments will be made in accordance with the terms of payment indicated on the invoice.
Article 6 : Late payment
In the event of total or partial non-payment of goods delivered on the due date, the purchaser must pay ROTOTECHNIX a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum outstanding, and runs from the due date of the price without the need for any prior formal notice.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed indemnity of 40 euros to cover collection costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
Article 7 : Resolutive clause
If, within fifteen days of the implementation of the “Late payment” clause, the purchaser has not paid the outstanding sums, the sale will be automatically cancelled and may entitle ROTOTECHNIX to claim damages.
Article 8 : Retention of title
ROTOTECHNIX retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the purchaser is the subject of receivership or liquidation proceedings, ROTOTECHNIX reserves the right to claim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.
Article n° 9 : Delivery
Delivery is made :
– By handing over the goods directly to the buyer;
The delivery time indicated when the order is registered is given for information purposes only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of products shall not entitle the purchaser to :
– compensation for damages ;
– cancellation of the order.
Transport risk is borne entirely by the purchaser.
In case of missing or damaged goods during shipment, the purchaser must make all necessary reservations on the order form or on the delivery note upon receipt of said goods and remit this immediately to the carrier. These reservations must also be confirmed in writing within 24 hours of delivery, by registered letter with acknowledgement of receipt addressed to ROTOTECHNIX.
Article 10 : Non-conformity
In case of proven non-conformity of the product delivered, and if the non-conformity is the responsibility of ROTOTECHNIX, the product will be replaced or repaired by ROTOTECHNIX. ROTOTECHNIX shall not be liable for any penalties for late delivery, breakage costs, line stoppage costs or other miscellaneous costs in the event of delivery of a non-conforming product or in the event of late delivery.
Article 11 : Force majeure
ROTOTECHNIX may not be held liable if the non-performance or delay in performance of any of its obligations described in these terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Article 12 : Jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. Failing amicable resolution, the dispute will be referred to the Meaux Commercial Court.
