ORDERS
By accepting our offers, the customer accepts the aforementioned conditions without any reservation or exception. These conditions shall rule over all of our sales. They shall prevail over any stipulation, regardless of what states the buyer’s purchase order and its general terms and conditions of purchase, or any other document emanating from it.
All orders are not binding until the customer receives an express written authorization from Vibraxtion.
Features and ratings featured in our catalogs are for reference only. These are not, under any circumstances, binding, and are liable to be modified at any time and without notice.
Unless otherwise stated, our offers are limited to a duration of one month.
RATES
Our rates exclude taxes and VAT. These can be revised at any time, and without notice.
DELIVERY
Our rates are stated “ex works”. Shipping fees are borne by the buyer, unless we specify otherwise.
Goods shall be carried at the recipient’s own risk, whatever the shipping arrangements.
It is up to the addressee to make the necessary reserves with the carrier before they receive the goods. In addition, the receiver must confirm any discrepancies regarding the supplier’s or shipper’s bill of loading, and send us a copy of these discrepancies.
Failure to follow this procedure releases us from full responsibility.
TERMS OF PAYMENT
Our goods are payable in Beynost, France. Our invoices are payable within 45 days from the end of the month in cash, check, transfers or bills of exchange unless otherwise indicated in our offer.
Failure to pay an invoice by the due date causes interests. The latter are based on the banks acceptance rate +5 points (excluding client’s taxes), and are applied from the maturity date. The debt recovery leads to an increase of 15% of the main reclaimee.
Some pieces of equipment require a deposit.
OWERNSHIP RESERVE CLAUSE
We reserve the ownership of the supplied goods until their full payment.
The presentation of a bill of exchange or any other instrument does not constitute a payment.
The buyer explicitly agrees that all risks are transfered to them upon delivery. The latter must, consequently, provide proof of insurance covering any potentially damaged goods they detain.
In the event of non-payment of the invoice by the due date – whatever the cause – we can legally demand that the goods be returned to us. This includes goods that the buyer may have exported at their own risks and expenses.
The buyer must immediately inform our company about the seizure, requisition or confiscation of equipment that should benefit a third-party. Should a creditor intervene, the buyer must also take all the safeguard measures in their power to notify our company.
As long as our right of ownership exists, no sale, seizure, rental or any other equipment provision can be undertaken without our prior written and discretionary authorization.
Returning the goods does not constitute a cancellation of the sale. We nevertheless reserve the possibility to apply the termination clause stated in our General Sales Conditions.
SKETCHES AND DRAWINGS
Any description, drawing, detail, weight and dimensions submitted with our requests, as well as the illustrations from our catalogs or any other advertising inquiry, are but approximations and thus cannot be held against us.
DELIVERY TIME
Time of delivery is provided as a guide.
Any delays cannot lead to punitive damages and claims of any sort. Our contractual obligations shall be automatically suspended without any formality; we are released from all liability in the event of:
Strikes, sick leave, accidents, manufacturing delays, fire, flood, war, riots, requisitions, “fait du prince” (risk of an authoritarian interference with professional development), failure of or complications in the delivery process of raw materials, transport delays, lost merchandise, as well any other circumstances beyond our control or beyond our suppliers’ control, and that happen after the contract is concluded, thus preventing the execution of the contract under normal conditions.
TESTS
All of our equipment is tried and tested before leaving the factory.
WARRANTY
Our materials are covered by a twelve month warranty from the date the product is received. The warranty covers any material or manufacturing defect.
The warranty is compulsorily halved should the equipment but used during both nighttime and daytime. The warranty does not apply to replacements or repairs resulting in normal material wear, deterioration or accidents due to negligence, absence of supervision or maintenance, faulty installation, modification of technical features, or any other modification beyond our control.
Our warranty is void if the equipment we provided was modified or repaired by unqualified staff, or with non-original parts. Repairing or replacing equipment while it is still under warranty does not extend said warranty.
No product return shall be accepted without prior agreement from our company. All shipping costs are the customer’s responsibility.
At all events, our warranty is contractual. It does not substitute for the legal warranty that obliges the vendor to protect the buyer against any hidden defect or flaw that the product can present.
Besides, the contractual warranty does not entitle the buyer to any claims for damages.
Vibraxtion cannot be held responsible should the buyer have omitted to declared a special purpose equipment or an unreported constraint on the purchase order.
REPAIRS
The equipment are to be shipped prepaid to our office. The repairs shall only be performed after the restoration cost estimate is validated. The return postage shall be charged.
DISPUTES
In the case of a dispute regarding the sales contract’s interpretation or execution, only the French Commercial Court from Bourg en Bresse shall be authorized to handle the matter. This restriction also applies in case of guarantee call, multiple defendants, and notwithstanding any contradicting clause.
PAYMENT DELAY
In the case of a delay in payment, and according to article L 441-6 of the French Commercial Code, a compensation shall be paid. Its amount equals three times the applicable statutory rate, and a flat-rate allowance covering a recovery cost of 40 EUR.