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GENERAL TERMS AND CONDITION

GENERAL

The retailer is solely responsible for the equipment he offers to his customer.CAPLAIN cannot under any circumstance be held responsible for an incorrect definition of the equipment.

The prices and information shown in the catalogues, sales documents and price list are not binding on CAPLAIN, who reserves the right to make any changes in the layout, shape, dimensions or material of its equipment, machines and machine components, Which prints and descriptions are featured in its advertising documents. CAPLAIN is only contractually bound by the provision of a firm offer set out on its company letter headed paper; it is only bound by undertakings that may have been made by its representatives or employees when a confirmation has been given by the company itself. This offer is only valid for the period indicated in the estimate. The supply includes exactly and only the equipment specified in the estimate and the acceptance of offers also implies compliance with the terms and conditions herein. The sales contract is concluded when the parties agree on the item and the price; CAPLAIN undertakes to execute, and the purchaser undertakes to pay and to take delivery. However, when, in a sales contract, the payment of a first instalment with the order is required, the order is not final until receipt of this first instalment. The weights given in the estimates or contract are only approximate weights: they cannot under any circumstances be grounds for claims or reductions when the equipment is sold outright. The purchaser cannot cancel the order without equalizing compensation being fixed beforehand.

DELIVERY

Whatever the origin and the destination of the equipment and the conditions of sale, the delivery is performed to the factories or shops specified by CAPLAIN and the risks relating to the item sold are transferred to the purchaser:

- from the time of shipment if the equipment is sent without notice;

- otherwise, as soon as he has been notified that the equipment is at his disposal or if factory acceptance is planned at the time of the order, 8 days after he has been notified that the equipment is ready to be accepted.

The principle of delivery to factories or shops specified by CAPLAIN cannot be subject to an exception on the basis that there are details such as «free on station», «on private siding», «on platform», «facility», «assembly on site included», etc., which must only be considered as factors determining the agreed price, without any transfer of responsibility.

In respect of these actions, CAPLAIN is only acting in the name of and on behalf of the purchaser. If the shipment is delayed as a result of the purchaser’s actions, the equipment may be stored and handled with CAPLAIN’s agreement at the purchaser’s expense and risk. There can be no change in the payment or warranty periods as a result of this.

PRICE

The prices are to be understood «ex-works». Unless specified otherwise, all deliveries which comprise a manufacturing time are invoiced at the basic price agreed at the time of the order corrected where necessary at the actual date of delivery, either in accordance with the current legislation if the equipment concerned is subject to this legislation, or by the application of a price revision formula laid down in the offer if the equipment includes the use of this formula. Credit notes made out by CAPLAIN are valued with a reduction of 10% of the invoiced price. Carriage and packaging are not reimbursed. Credit notes are not reimbursed but are deducted from the next orders.

PAYMENT CONDITIONS

Payment is made to the vendor, net and without discount, in Euro, and is payable as stipulated in the estimate and the acknowledgement of receipt of the order, the payment times are to be understood as running from the shipment date. If payment is carried out later than the fixed times, the due amounts will be automatically subject to interest on the basis of the rate in Law 66 1010 of 28/12/66 plus 3% and this clause shall not alter the fact that the debt is payable. The costs of returned bills of exchange are always the purchaser’s responsibility. Debt recovery costs are the purchaser’s responsibility. The instalment dates cannot be postponed for any reason whatsoever, even in the event of legal action. In the event of sale, transfer, pledging or contribution of the business or of its equipment to company capital by the purchaser, and also in the event of one of the payments not being made by the specified date, the due amounts become immediately payable, no matter what conditions have previously been agreed.

In case of late payment, a lump sum to cover expenses of € 40 will be added to late penalties legally due (Decree No. 2012-1115 of 02/10/2012 - French Code of Commerce, art L441-3. L441-4, L441-6, D441-5)

PENALTY CLAUSE:

If a payment is not made at the planned date, the recovery of our debt will be entrusted to a bailiff, and the whole of the due amount will be automatically increased by compensation of 15% under the terms of the penalty clause. The amount of the penalty clause cannot in any case be less than €100.

 

DELIVERY TIMES

The delivery times are given as an indication, unless there is an agreement to the contrary. The delivery times start as soon as there is a written agreement between the purchaser and the vendor in respect of the order and from the receipt of the first payment if this is payable with the order. Delay in delivery does not give the purchaser the right to cancel the order, nor to claim compensation for direct or indirect damages caused by the delay. Late penalties can only be claimed if there is an explicit written agreement between the vendor and the purchaser on this point. Even in this case, CAPLAIN is automatically relieved of all undertakings and in consequence of all late penalties:

1°) if the payment conditions specified at the time of the order have not been complied with by the purchaser;

2°) if the information or documents to be supplied by the purchaser did not arrive on the scheduled date.

Finally, no sanction or penalty may be claimed when the lateness is caused by an irresistible force or events such as: Lock-out, strikes, epidemics, war, requisition, fire, floods, prohibition or delay in transport, any other cause causing total or partial lay-offs at CAPLAIN or its suppliers, legal changes in working times, or accidents with tools and large-scale scrapping of parts during manufacturing duly noted by the customer or one of his representatives or finally, any other event outside the control of CAPLAIN that the purchaser has been formally notified of.

TRANSPORT, CUSTOMS, INSURANCE

All operations of transport, insurance, customs, grants, handling, transport to the site, are the responsibility and at the risk of the purchaser, who must check the shipments on arrival and if necessary make claims against the hauliers, even if the shipment has been made free of charge.

If CAPLAIN has carried out the shipment, this shipment must be paid for on arrival, at the lowest cost, unless the purchaser has made a specific request to the contrary and, in any case under his complete responsibility.

FORMALITIES TO BE CARRIED OUT BY THE RECIPIENT

We would like to draw your attention to the fact that all the equipment shipped travels at the risk of the recipient, who must always raise reservations and carry out the formalities in the event of deterioration. In the event of damage, he must send a registered letter within three days of receipt, either to the Station manager, or to the Haulier, so that he can send an inspector responsible for noting the damage. We urge you to take note of these recommendations, as we refuse any liability in the event of damage during transport or at the time of receipt

PROPERTY RESERVATION (Law No. 80.335 of 12 May 1980)

The property of the goods or the installation put in place, subject of the sale, will not be transferred to the buyer until after total payment of the price.

Before total payment of our invoices, mortgaging or constitution of a guarantee with our delivered goods or installations put in place is not permitted. In the event of resale by the buyer of these goods or installations to a third party considered to be informed of this property reservation, CAPLAIN may at their convenience pursue full payment, either from the buyer or from the sub-buyers, jointly liable to CAPLAIN for the payment of the invoices. If the buyer does not inform the third parties to whom he has made the sale of the property reservation, he must pay CAPLAIN a sum equal to three times the value of the goods or installations, under the terms of the penalty clause. In the event of a judicial settlement or liquidation of the buyer’s goods, CAPLAIN can have the goods or installations related to this property reservation returned to him unless the receiver agrees to pay the price for them.

DISPUTES

In the event of a dispute relating to a supply or its payment, the Commercial Court in MELUN is solely competent whatever the sales conditions or the method of payment accepted, even in the event of a third party complaint or of multiple defendants.

WARRANTY

The warranty applies from the date of delivery for a period of 12 consecutive months for all parts except for parts and accessories coming from outside the company that bear their own trade mark, which are only included in our warranty to the extent of the warranties granted by the suppliers of these parts.

The warranty is reduced by half if the equipment is used day and night.

The warranty relates to the replacement or repair in our workshops of any part recognised as defective by the CAPLAIN company as a result of a material fault or an inadequate design. The return transport of the machine under warranty to our premises is the purchaser’s responsibility. The repair, modification or replacement of parts during the warranty period does not extend the period of the warranty on the equipment.

The parts replaced remain CAPLAIN’s property, the post and package is the purchaser’s responsibility. The warranty does not apply to replacements or repairs resulting from normal wear of the equipment, deterioration or accidents caused by negligence, inadequate monitoring or maintenance, defective installations, use in conditions different from those specified in the documentation or in the equipment’s maintenance manual or from any other reason not under our control.

The warranty cannot lead to any responsibility on our part for harm such as: immobilisation of the purchaser’s installations, accident to persons, damage to goods that do not fall within the scope of the contract, lost profits, etc. and does not under any circumstances imply the possibility of a claim for damages or compensation.

Our warranty becomes void immediately and completely if the equipment supplied has been dismantled, modified or repaired without our agreement.

USEFUL RECOMMENDATIONS FOR OUR CUSTOMERS

Read attentively, at least once, the start-up, use and maintenance manual, that we provide with every item of equipment.

- Keep this document carefully and refer to it to maintain your equipment: you will save time and money. Ask for this manual if it is not provided with the equipment.

- Routine maintenance of all our machines or equipment is simple and quick.

- Do not forget that all the equipment fitted with motor or electric equipment must be connected TO EARTH. This is mandatory. Any accidents caused by not complying with this instruction could cause you serious problems. We decline all responsibility in the event of accidents; even if they were caused by a temporary connection made free of charge by one of our employees (refer to the clauses of our warranty).

- ELECTRICAL INSTALLATIONS, WATER CONNECTIONS AND ALL SPECIALISED WORK relating to outfitting prior to the installation of a machine or any equipment must, for your personal safety, be carried out BY A SPECIALIST OF YOUR CHOICE and cannot in any circumstances be undertaken by our company.

VERY IMPORTANT.

Never connect equipment without first checking the mains voltage.

IN THE EVENT OF AN ACCIDENT, A CLAIM CANNOT BE MADE ON THE WARRANTY AND CAPLAIN CANNOT BE HELD RESPONSIBLE.