Our genetalTerms and Conditions of Sale
The commercial or catalog file can be modified without notice.
Placing an order with us implies acceptance of our conditions of sale.
1 – GENERAL CLAUSE
Our sales are subject to these general conditions which prevail over any purchase condition, except formal and express derogation from us.
2 – ORDER
All verbal orders must be confirmed in writing. We will have no obligation to deliver in the event of force majeure or others fortuitous events such as strikes, factory closings, accidents, machine breakdowns, etc.
3 – CONFIDENTIALITY
Studies, plans, drawings and documents submitted or sent by us remain our property; they cannot therefore be communicated to third parties for any reason whatsoever by the buyer.
4 – DELIVERY – TRANSPORT
Unless otherwise stipulated, we will comply with the orders given to you. Otherwise, we will ship at best. We reserve the right to split orders following the respective manufacturing of our factory. In all cases, our goods travel at the risk of the recipient. No returns will be accepted without prior agreement. Any complaint relating to our shipments must reach us 8 days after the date of receipt: after this period, the equipment can only be returned after prior agreement, in its original state, with a reduction of 10% and on the account “To be worth”.
5 – RESERVATION OF OWNERSHIP: LAW N°80 335 Of MAY 12, 1986
The seller retains ownership of the goofs sold until actual payment of the full price in principal and accessory. Failure to pay any of the due dates may result in the claim of the goods. These provisions do not preclude the transfer to the buyer, upon delivery, of the risk of loss and deterioration of the goods sold as well as of the damage which they may cause.
6 – PRICES – TERMS OF PAYMENT – PENALTIES
The first order must be paid: cash, cash on delivery or before shipment. The opening of an account can only be granted after written request accompanied by usage references. Subject to the opening of a term account, our invoices must be paid 30 days from the end of the month on the 10th of dispatch, without discount, by domiciled draft – not accepted. Foreign regulations are to be agreed. Our goods will remain our priority until full payment of their price. Interest at the rates of advances on Banque de France securities increased by on point, are automatically due to us on all sums not paid when due and regardless of the method of payment stipulated.
7 – GUARANTEE
The goods sold are guaranteed against any malfunction from a defect in material, manufacture or design under the conditions below. The operating defect must appear within a period of 12 months (or 2000 hours) from delivery for use of the goods defined in the order. The warranty is excluded: if the defective material or design comes from the buyer; if the operating defect results from an intervention on the property carried out without authorization; if the faulty operation results from force majeure. For any part warranty request, provide is with the serial number of the equipment. The “outward” shipping costs are borne by the LAMY Company. The “Return” shipping costs are borne by the applicant. An appraisal will then be carried out and the disassembly and reassembly costs, whatever they may be, are the responsibility of the operator. The replacement of the parts does not have the consequence of extending the duration specified in the paragraph above. Furthermore, of the shipment of the goods is delayed for a reason independent of the seller, the starting point of the warranty period is postponed without this delay being able to exceed 3 months.
8 – FULL RIGHT RESOLUTORY CLAUSE
In the event of non-fulfillment of its obligations by a party, this contract will be automatically terminated for the benefit of the other party without prejudice to damages which may be claimed from the defaulting party. The resolution will take effect 10 days after the sending of an unsuccessful formal notice.
9 – SETTLEMENT OF DISPUTES – LIABILITY
Unless otherwise stipulated, our prices are always understood for articles of current manufacture, in metal of current quality and without reception. The nominal loads are given as an indication. The parts supplied are used under the sole responsibility of the user. In the event of a part rupture, our responsibility is strictly limited to the replacement of the part, if it recognized as defective and does not cover in any case the damage caused by this rupture. In the event of a dispute, the CHARTRES Commercial Court will have sole jurisdiction, despite any contrary clause which may appear on our customers’ purchase orders.
LAMY Les Constructeurs – Zone industrielle nord – 28800 BONNEVAL – FRANCE
+33 (0)2 37 47 40 34 – lamy@lamy-les-constructeurs.com
