GENERAL CONDITIONS OF SALE
ARTICLE 1 - Scope
These general conditions of sale shall apply to all the sales contracts signed by LE DELAS with the Client, and shall relate to all goods sold to the latter.
These general conditions of sale shall govern the contractual relationships between LE DELAS and its Client, both parties accepting them without reservation. These general conditions of sale shall take precedence over all other conditions set out in any other document, particularly the general conditions of purchase or sale of the Client, unless otherwise expressly agreed in advance in writing.
ARTICLE 2 – Prices – Settlement - Delay
2.1 The prices of the Products are net, without discount, and shall be for cash settlement at the registered office of LE DELAS. Payment shall be deemed to have been made when payment of the price is actually received, the presentation of a draft or any other security creating an obligation to pay that does not constitute a payment.
2.2 In the case of a delay in the payment of any sum due by the Client on its due date, the latter must pay to LE DELAS the late payment interests which will be due automatically without any prior notice of default, and shall be calculated on the same sum from the date on which payment would have been made on the actual date of payment at the rate of 1.5 times the statutory interest rate in force on the date of the invoice.
2.3 In the case of contentious collection by LE DELAS of its due debt, the sums payable by the Client shall be increased by fifteen per cent by way of a penalty, with a minimum of 8 €, in addition to the settlement by the Client of all the costs of collection incurred by LE DELAS, including in particular all the court, bailiff and solicitor’s costs.
ARTICLE 3 - Reservation as to proprietary rights
The transfer of shall be suspended until full payment of the selling price and all related costs (Article L 621-122 of the Commercial Code). In the event of total or partial non-payment LE DELAS shall be entitled to take back the goods, without any prior formality and independently of any legal prosecution. The above provisions shall not prevent, from the date of delivery, the transfer of the risks of loss of or damage to the goods, as well as any damage that they could cause. Cheques and bills of exchange shall not be considered means of payment until the date of their actual receipt.
ARTICLE 4 - Judicial competence – Applicable law
The relationships between LE DELAS and the Client shall be subject to French law, which is solely applicable.
All disputes arising from the purchase and sale transactions referred to in these General Conditions of Sale shall fall under the exclusive competence of the Commercial Court of CRETEIL, to which jurisdiction is assigned, notwithstanding a plurality of defendants or recourse in warranty.