Terms and Conditions
General Conditions of Sale (GCS)
1. Preamble
These General Terms and Conditions of Sale (GTC) apply to all sales of standard and specific products (hereinafter the "Products") as well as to the provision of services (hereinafter the "Service Provisions") carried out by ASTENO, hereinafter referred to as "the Seller", to its professional customers (hereinafter the "Customers" or "Buyers"). Any order implies the unconditional acceptance of these GTC, which constitute the sole basis of the commercial negotiation between the parties.
2. Order
The characteristics of the Products and Services are those appearing on the order form accepted by both parties or the estimate. Offers are made subject to the availability of the Products at the time of the order. Orders must be placed in writing and confirmed by an acknowledgment of receipt of order from the Seller. Offers and estimates are valid for one month, unless otherwise stated.
3. Cancellation or Interruption of an Order
Any cancellation or interruption of an order at the request of the Customer will result in the invoicing of the full price of the order.
4. Delivery – Non-Conformity – Returns
Delivery is made Ex-Works (Incoterms 2010) at the Seller's premises. The Products travel at the Customer's risk from the moment they leave the factory. Any claim for apparent defects or non-conformity must be made in writing within eight days of receipt. Returns may only be made with the prior agreement of the Seller.
5. Warranty – Liability
The Products and Services benefit from the guarantees appearing on the accepted purchase order or the estimate. The Seller's liability is limited to the repair or replacement of Products recognized as non-compliant, to the exclusion of all damages. The Seller is not liable for indirect and/or immaterial damages. The Buyer remains solely responsible for the use of the Products.
6. Prices and Payment Terms
Prices are set by the Seller in an annual price list, offer or quote. Invoices are payable within thirty calendar days from their issue date. In the event of late payment, late payment penalties will be applied. The Seller reserves the right to suspend deliveries in the event of non-payment.
7. Retention of Title Clause
The Seller reserves full ownership of the Products until full payment of the price. In the event of non-payment, the Products must be returned immediately at the Customer's expense. The Customer undertakes to inform the Seller of any possible seizure of the Products.
8. Intellectual Property
The Seller retains all intellectual property rights relating to the projects, studies and documents transmitted to the Customer. Only a personal, non-exclusive and non-transferable right of use is granted to the Buyer for the internal use of the Products.
9. Confidentiality
The Customer undertakes to keep the information received from the Seller confidential and to disclose it only to the employees directly concerned. In the event of termination of the Contract, the Customer undertakes to destroy or return the confidential information.
10. Liability
The Customer is fully responsible for the originality and legality of the designs submitted for the manufacture of DTF boards. The Seller reserves the right to refuse any design that infringes the intellectual property rights of others or applicable laws.
11. Applicable Law – Jurisdiction
These General Terms and Conditions are subject to French law. In the event of a dispute relating to their formation, execution or interpretation, only the Commercial Court of Poitiers will have jurisdiction, even in the event of multiple defendants or warranty claims.
Contact
For any questions regarding these General Conditions of Sale, please contact us at:
Email : contact@martil.fr
Phone : +33 7 44 79 60 31