Our sales are subject to the present general terms and conditions, which shall prevail over any purchase conditions unless expressly waived in writing by us.
The order received from the purchaser will only be considered as definitively accepted by us after written acceptance from the head office of CONIMAST INTERNATIONAL SAS, including orders received or taken by the company’s agents or representatives.
The prices, information and technical specifications given in catalogs, brochures and price lists are for guidance only. CONIMAST INTERNATIONAL SAS reserves the right to make changes to the characteristics of the items shown in these catalogues, brochures and price lists in order to constantly improve performance and quality.
Drawings, models, plans, specifications and, more generally, documents of any kind given to the purchaser by the company, its employees or agents, are and remain the exclusive property of CONIMAST INTERNATIONAL SAS, and must therefore be returned to it on first request.
They may therefore not be lent, given, reproduced or used without the company’s express prior written authorization.
Delivery times quoted by CONIMAST INTERNATIONAL SAS are indicated as accurately as possible on order acknowledgements.
Only this deadline serves as a contractual basis, but as CONIMAST INTERNATIONAL SAS is itself dependent on its suppliers of raw materials, any overruns cannot under any circumstances give rise to the payment of damages, withholding of any kind whatsoever, or cancellation of the order.
Where there is a specific contractual provision relating to the calculation of late penalties, these may never be applied for less than two weeks’ delay and, in accordance with industry practice, may not exceed 1 (ONE) % per week, with a ceiling of 5 (FIVE) %.
In any event, delivery can only take place if the purchaser is up to date with his obligations, especially financial obligations.
Furthermore, the occurrence of an event constituting a case of force majeure, having the effect of delaying delivery, will simply have the consequence of extending the delivery time by a period equivalent to that of the event.
On the other hand, if these circumstances were of a definitive nature, they would authorize the seller not to deliver.
Whether these circumstances are temporary or definitive, CONIMAST INTERNATIONAL SAS shall in no way be held liable for any damages whatsoever.
In the event that the purchaser fails to send certain missing information on time, or makes a modification or new specification to the equipment ordered, the announced delivery date must be revised and postponed.
Whatever the destination of the equipment, its na1ure or the services provided, delivery is always deemed to have been made to the CONIMAST INTERNATIONAL SAS factory . Without prejudice to the transfer of risks, governed by article 5 hereof, delivery is deemed to have been made when the equipment is handed over, either directly to the purchaser, or to a shipper or carrier.
If CONIMAST INTERNATIONAL SAS accepts a return of goods, they must be returned to CONIMAST INTERNATIONAL SAS at the latest within one week of notification of the agreement, and must be sent carriage paid to the factory or warehouse which shipped them.
The seller expressly reserves the right to refuse them if, after inspection, they are found to be in a condition different from that in which they were supplied.
All transport, customs, insurance, handling and delivery operations are at the buyer’s expense, risk and peril. It is the buyer’s responsibility to check shipments on arrival and, if necessary, to take recourse against the carriers, even if the shipment has been made carriage paid.
In the event of shipment by CONIMAST INTERNATIONAL SAS, carriage forward will be charged at the lowest rates, unless expressly requested by the purchaser, and in all cases under the purchaser’s full responsibility.
Prices are stipulated exclusive of tax; their nature (firm or revisable) and amount are specified in the special conditions when the order is placed.
However, in the event of an increase in the price of zinc and/or steel raw materials equal to or greater than 15% between the date of order and that of delivery, CONI MAST INTERNATIONAL SAS reserves the right to pass on the impact of this increase to the price stipulated at the time of order.
In such a case, and in the case of deliveries staggered over time, CONIMAST INTERNATIONAL SAS will notify the purchaser of the increase by registered letter with acknowledgement of receipt, and the purchaser will have the right to cancel the undelivered part of the order by registered letter with acknowledgement of receipt within 8 days of this notification.
Payment of any rebates is made in the form of a credit note, and is subject to payment of all invoices on their due date.
Invoices for materials and services supplied by CONIMAST INTERNATIONAL SAS are payable at its registered office.
The French Modernization Act No. 2008-776 of August 4, 2008 lays down new legal rules governing payment terms from January 1, 2009.
The law imposes a maximum payment term which the parties may not exceed in their contract, i.e. 45 days end of month or 60 days net from the date of issue of the invoice.
In the event of late payment, we remind you that the law imposes the payment of late payment interest without the need for a reminder.
Penalties are due the day after the payment date indicated on the invoice.
Interest rates may not be lower than 3 times the legal interest rate, i.e. around 12%.
For any payment made after the due date, a fixed indemnity for collection costs will be due, the amount of this indemnity has been set at 40 euros by the Implementation Decree of October 2, 2012.
Payment by instalment is permitted, if the seller agrees and provided it is specified in the order remittance.
This method is subject to the issue of a draft, which must be accepted on simple request by the seller or his bank.
This draft must be domiciled with a bank or postal current account.
Cash payment must be made within ten days of the invoice date, and entitles the buyer to a discount, the rate of which is indicated at the bottom of the invoice.
The issue or acceptance of bills of exchange or other payments does not constitute a novation or derogation.
Any right of set-off arising from a reciprocal claim by the purchaser is excluded.
The purchaser undertakes not to withhold any sums due to the seller.
Terms of payment may not be delayed under any pretext whatsoever, even if contentious.
The cost of returning the goods and re-banking them shall be borne by the debtor.
Failure to pay by the due date shall also entail : – immediate payment of all outstanding debts, – the possibility for the seller to cancel all or part of outstanding orders.
– as a penalty clause, a surcharge equal to 15% of the amount of receivables due, with a minimum of 100 Euros.
In order to be taken into account by CONIMAST INTERNATIONAL SAS, any complaint concerning the quantities, nature, type and characteristics of the material delivered, delivery notes, weighing tickets, invoicing, or the apparent quality of the products, must be notified to CONIMAST INTERNATIONAL SAS by registered letter with acknowledgement of receipt within a maximum period of 8 (EIGHT) days from delivery.
However, when transport is the responsibility of CONIMAST INTERNATIONAL SAS and the complaint concerns an apparent defect and/or quantity, it must be notified to the carrier at the time of delivery, on the consignment note and confirmed immediately or at the latest within 24 (TWENTY-FOUR) hours to both the carrier and CONIMAST INTERNATIONAL SAS.
9.1 Defects giving right to warranty Our sales are subject to the present general terms and conditions, which prevail over any conditions of purchase unless we expressly waive them in writing.
9.2 Warranty conditions9.2.a) All warranties are excluded for incidents due to fortuitous events or force majeure, as well as for replacements or repairs resulting from normal wear and tear, deterioration, accidents or incidents due to negligence, lack of supervision or maintenance, or faulty use of the equipment.
9.2.b) The seller’s warranty only applies to equipment installed in accordance with the rules of the trade, by qualified professionals who have complied with all instructions specific to the equipment offered by the seller, with regard to both commissioning and maintenance.
The seller’s obligation does not apply in the event of a defect arising from materials supplied by the purchaser or from a design imposed by the purchaser.
9.2.c) The duration and benefit of the warranty can only be accepted by the seller if the purchaser can prove that the storage, operating, maintenance and servicing conditions defined by the seller have been respected.
We would like to draw your attention to painted material: this type of product must be stored in its packaging for a very short time, no more than 3 months, to avoid any deterioration of the surface treatment.
In fact, this packaging is strictly reserved for transport and is not specific to storage.
Consequently, our
we cannot be held responsible for any problems that may arise.
9.2.d) The seller gives no warranty for its equipment if it is combined with other components in an assembly without the seller’s agreement, and further declines all responsibility for mechanical strength.
9.2.e) Repairs and replacement parts supplied under the initial warranty are warranted under the same conditions and terms as the original equipment and for a new period equal to that initially defined.
The warranty on other parts and elements of the initial supplies is only extended, if necessary, by the period of downtime due to replacement or repair.
9.3 Starting point of the warranty The warranty period begins on the delivery date shown on the delivery note signed by the purchaser or his representative.
and.
failing this, on the date of deposit of your goods as indicated by the carrier.
If, at the purchaser’s request, shipment of material already manufactured in its entirety is deferred for a reason beyond the seller’s control, the extension of the warranty period may not exceed three months beyond the delivery date initially defined.
9.4 Warranty period Warranty against manufacturing defects: 2 years – Galvanization warranty: 3 years – Paint warranty: 2 years.
Galvanization is tested in accordance with standard NF EN ISO 1461 (Sep-22). The warranty can only be applied if the product has not undergone any treatment subsequent to its original treatment.
The paint warranty only covers adhesion characteristics and excludes color fastness.
Electrical and electronic equipment integrated by the seller is covered by the legal 2-year warranty.
9.5 Buyer’s obligations To be able to invoke the benefit of the present warranty, the buyer must, in writing and without delay, notify the seller of the defects he attributes to the equipment and provide all proof thereof.
The purchaser must give the seller every opportunity to ascertain and remedy such defects, and must refrain from carrying out repairs, or having repairs carried out by a third party, without the seller’s written agreement.
Any failure to comply with these provisions will render the warranty null and void, except in cases of recognized force majeure involving the safety of persons.
9.6 Methods of exercising the warranty9.6.a) Once notified, the seller must remedy or have remedied the defect found with all due diligence and at its own expense, with the sole aim of fulfilling its obligations.
The seller reserves the right to modify the equipment’s features in order to obtain all the performance and guarantees initially envisaged. 9.6.b) In the event that the equipment must be repaired in situ, the seller will bear the cost of labor corresponding to this repair, to the exclusion of costs due to the consequences of the defect found. 9.6.c) Parts replaced free of charge will be returned to the seller and become his property once again.
9.7 Damages The Seller’s liability is strictly limited to the above obligations, and it is expressly agreed that the Seller shall not be liable for any other compensation for consequential or non-consequential material or immaterial damages.
10.a) They may be agreed in the context of a specific transaction, in which case they must be agreed in writing between the seller and the buyer: they are then added to the general terms and conditions. 10.b) If they are imposed on the seller, who accepts them in return for remuneration, these stipulations imply.
to be valid, a technical definition of the risks covered, specified by the purchaser at the time of negotiation, and the specific conditions under which the equipment to be covered will be used, operated, maintained and kept in good condition. 10.c) In the case of special warranties offered by the seller, the latter will be bound to assume responsibility for all the warranties he has offered, on condition that he has defined the limits thereof and has taken out, if required by either party, a specific insurance policy covering these special warranties.
Any technical assistance provided by CONIMAST INTERNATIONAL SAS is governed by special provisions and is the subject of a specific contract.
If, through the fault of CONIMAST INTERNATIONAL SASIf the purchaser is confronted with a clearly established delivery, defect or warranty problem which puts him in difficulty vis-à-vis his customer, and if there is a proven emergency situation, the costs incurred by the purchaser to remedy the situation, such as, generally, the intervention of employees or the rental of a cherry picker, cannot be charged to the purchaser. CONIMAST INTERNATIONAL SAS that, on the one hand, its prior agreement has been sought and, on the other hand, that, in the case of on-site operations, the cost is limited to the employee’s remuneration, including employer’s contributions, and, in the case of equipment rental, to the prices charged by a national rental company.
In the event of non-performance of its obligations by the purchaser, the present contract will be terminated ipso jure without prejudice to any damages that may be claimed by CONIMAST INTERNATIONAL SAS from the defaulting party.
The termination will take effect 8 days after the sending of a formal notice which has remained unsuccessful.
In the event of a disagreement between the parties, they will endeavor to resolve it amicably.
Failing this, it is expressly agreed that all disputes relating to the conclusion, execution, termination or interpretation of these general terms and conditions of sale, and in general any dispute arising out of or in connection with them, of whatever nature, shall be subject to the sole jurisdiction of the Courts of AUXERRE (Yonne), even in the event of summary proceedings, third-party proceedings or multiple defendants.
Delivered goods remain the property of the seller until full payment of the agreed price, in accordance with the provisions of the law of June 25, 1985.
However, the purchaser shall bear the risks of the goods in his possession and assume responsibility for them as if he were the owner; he shall be obliged to pay the price even in the event of their disappearance due to unforeseen circumstances or force majeure.
Goods are individually marked with CONIMAST INTERNATIONAL SAS‘s own production numbers.
Until full payment of the price, the purchaser may not pledge the goods, exchange them or transfer ownership of them by way of security, or proceed to a global or lump-sum assignment of the stock or part of the stock, either amicably or judicially, without our express written authorization and subject to our right of pursuit.
However, in the normal course of business, the buyer is authorized to resell the goods on behalf of CONIMAST INTERNATIONAL SAS, and undertakes, at the latter’s first request, to assign to it all or part of its claims on sub-purchasers up to the amount of the sums it still owes in any respect whatsoever.
Goods delivered and not yet paid for in full must therefore appear separately in the purchaser’s inventory.
In the event of non-payment of a single instalment for any reason whatsoever, or in the event of failure by the purchaser to fulfil any of its obligations whatsoever, independently of the cessation of all subsequent deliveries, CONIMAST INTERNATIONAL SAS may demand the return of the goods delivered, and may, if it so wishes, proceed with the amicable repossession of the goods of which it remains the owner; failing amicable agreement, the matter may be referred to the summary proceedings judge.
In the event of bankruptcy, the authorization to resell is immediately withdrawn, and the purchaser will be immediately obliged to cease all sales and to send a detailed inventory of the goods in stock, and to notify CONIMAST INTERNATIONAL SAS without delay to enable it to claim the goods subject to retention of title from the Receiver.
When goods are returned in application of this clause, any advance payments made previously shall be deducted in accordance with the provisions of article 7, Terms of Payment”- The present clause may not be invoked by the customer to justify the return of goods on his own initiative.