Standard Form Contract
OPPOSABILITY OF GENERAL TERMS AND CONDITIONS OF SALES:
Only our general terms and conditions of sales will rule our sales, apart from general terms and conditions of purchases of the client and apart from any other document emanating from him (including dispositions), being canceled in full right and without any formality. Prices are those corresponding to the date of delivery.
Except any particular agreement and letter of PH² INTERNATIONAL company, all the orders are subject to the following sales conditions. The purchase conditions of the buyer are only retained if they are subject to a written acceptance by PH² INTERNATIONAL company. For any order under 100€ excluding tax, the administrative fees of 30€ excluding tax will be additionally charged. Our products are sold Ex-Works. The orders above 700€ excluding tax are delivered free of charge in the Metropolitan France (except Corsica). In any case, products are travelling at consignee’s own risk. The forwarders only accept goods in excellent state. The claims for missing material and/or damages have to be addressed to them. In this case, buyers have to make the reserves on the carrier’s bill of delivery, have to inform immediately our company, and to confirm his reserves to the carrier by a recommended letter with an acknowledgement of receipt in maximum 3 days following the delivery. Our products are payable in LE MANS. Our drafts, the acceptance of the regulation or free of charge deliveries don’t operate neither innovation, nor dispensation to this administrative clause of jurisdiction. Each litigation results from an exclusive expertise of the court of Le Mans, even in case of warranty of plurality of the defendants.
By express agreement except report requested at time and granted by us , the non-payment of our products on the fixed due date will lead to the liability for default interest at rate of 15% per year. These ones will be applied for any payment not made within 45 days or on the definite due date. Moreover a flat rate penalty which amount is fixed by decree will be due by the creditor for every payment which intervenes after the due date. The default interests will be increased by a penalty of 20% of amounts due for every recovery by way of litigation. Default interest and penalty will be increased by an eventual cost of justice. Default interest and the flat rate penalty will be applied by full right and without formal notice. No discount is granted for prepayment.
Every product shipped remains our property until the complete payment of the price. The buyer will take upon the risk of loss or deterioration of the goods and the responsibility of damages that they could cause. In case of non-payment by the buyer of the complete or a part of the price for the shipped goods, PH² INTERNATIONAL company reserves the right of full ownership and could take the possession of the shipped goods again. In case of resale of our goods before the full payment, the debt born of this resale is automatically conceded to us. We reserve the right to inform the sub-purchaser of our products of the handover debt of which we are beneficiaries and to process to the receipt of the canceled debt. Our right of property allows us, in case of non-payment or late payment after the due date, to take in our possession again our goods after demand sent by a recommended letter with an acknowledgement of receipt. The amounts payed are considered as security deposit and remain acquired by PH² INTERNATIONAL company, even in case of part-exchange, in virtue of the reserve of property clause.
REGULATION ON THE ELIMINATION OF THE END-OF-LIFE PRODUCTS
In compliance with Articles R.543-172 and following the Environmental Code linked with the composition of electric and electronic equipment and to the elimination of the waste from this equipment, and the articles R.541-10 and from R.543-240 to R.543-255 linked to the waste of furniture elements, the marketers and their successive buyers must directly or indirectly contribute to the collection and the recycling treatments of the products put on the French market. Those obligations are filled through our subscription to eco-organizations in the condition defined by the articles R.543-196 and R.543-197 of the Environmental Code.