General terms of sale

General terms of sales

Save as may be stipulated otherwise in our letters, our sales will be subject to the following general terms, which supersede any purchase clause in any orders or letters from our customers; and the buyer states that it expressly and unreservedly accepts such terms.
Save in case of prior withdrawal, the seller’s quotation will be valid during the period mentioned or, in case no period is stated, for 30 days from this date. Prices are fixed prices exclusive of tax for deliveries to be made within the period stated in the quotation. Our prices and conditions are deemed to be ex-works. In no case whatsoever may any late delivery give rise to any penalty or rejection of goods.
Our offers for goods to be delivered from our warehouses will be valid provided goods are available upon receipt of the orders. Our supplies will be considered as finally taken and accepted in our warehouses and our supplies will be placed in the care of the buyer at this place, save as may be agreed otherwise. Any claim should be made by registered mail, postage prepaid, within 3 days from the date of collection or delivery of the goods or rights will be lapsed.
In case of supply of goods or equipment pertaining to any installation, the previous provisions will only apply if the installation was made by a professional in compliance with technical rules and standards applicable, as the case may be. Any product return should be subject to a formal agreement between the seller and buyer. The buyer will always be responsible for costs relating to the return and such return will be at the buyer’s own risk at all times.
No goods as were ordered will be taken back.
Transport, haulage, dispatches by railway, road, airway or river or sea and any handling operations as may result from the same will be made at the best price on behalf of the customers, at their own risk. Goods will therefore be carried at the sole risk of our customers in all cases, including if they are carriage-paid, from the moment they leave our warehouses or plants.
Any returns as should be accepted amicably will be credited via a deduction of not less than 20% of the selling price.
The buyer or recipient shall forthwith inspect the quality, weights and dimensions of the goods, and our Company will not accept any other responsibility than the pure and simple return of goods ascertained as defective or showing any non-conformity, or repairs thereof. Any consequential damages are therefore expressly excluded. Consequential damages will include any losses or deteriorations of data, loss of profits, loss of customers, etc. All our products made of elastomer or plastomer are sensitive to UV’s and ozone. Their life is significantly reduced in case of prolonged exposure to stresses due to the weather (UV’s, ozone, sandstorms…) with no protective devices.
All goods will be payable in euro or using a par rate of exchange in Lille in all cases. This is a jurisdictional clause. Whatever the places of payment, shipment, or delivery, it is expressly agreed that the Commercial Court of Lille only will have jurisdiction, in case of any dispute relating to our affairs, even in case of introduction of third parties.
Save as may be agreed otherwise in writing, orders will be payable when accepted by our company. The period of delivery will commence from the date of receipt of payment, notwithstanding any terms providing otherwise as defined pursuant to Article 10.
As orders are being handled or contracts performed, we reserve the right of requesting any such payment guarantees as we may consider appropriate. If such guarantees, the efficiency of which is to be judged by Musthane only, should be refused, we may purely and simply cancel remaining goods to be delivered.
In case of any dispute whatsoever, including with respect to guarantees granted or accepted, the customer may not extend, suspend, or change dates of payment agreed upon.
No discount will be accepted in case of early payment.
In case any customer should fail to pay just one invoice when due, further monies owed by such customer as shown in our books and records will be immediately payable, and no interest will be deducted, without prejudice to any such damages as we may report. In compliance with Law No. 80335, 12 May 1980, we will retain title to goods delivered until the price thereof has been paid in full. For any initial failure to pay upon notification of a simple formal demand to pay, we may terminate the agreement and require payment of the remaining items in the contract as damages.
For any failure to pay an invoice on due date, interest for late payment will accrue on the billed sum at a rate of 1.5 % for each month late.
In the event where we would be under the obligation of instituting legal proceedings to obtain payment, compensation equivalent to 20% of the billed sum would be due to us under a fixed and irreducible penalty clause, and such compensation may not be less than 300 e., and no prior notice will be required, without prejudice to any damages.
For any order, our customers’ terms of purchase will be without effect: our general terms of sale only will apply.
The photographs and sketches which may from time to time illustrate our commercial offers are not contractual. We also reserve the right of changing our products with no prior notice.
We will retain title to products delivered until the price has been paid in full even in case such products should be transformed or incorporated into other goods. The customer agrees that the title retention clause will remain applicable even if the customer should be declared to be in a state of bankruptcy or insolvency, or if a legal settlement should be signed with its creditors or in case of winding-up by decision of a court.
No guarantee will be granted « as a general rule » with respect to all our products and services. However, if we should grant special guarantees for special orders, the following terms will apply: the guarantee will not apply if the product has been assembled and placed inappropriately and/or misused; our guarantee will be limited to the restoration of the conformity or replacement of the defective product, excluding cancellation of the sale and any damages; in consideration of the specificity of our products, no claim may relate to their aspect or style; no claim may be taken into account if any work or change has been performed on our products. The customer expressly acknowledges and accepts that the grant of any guarantee for a determined order does not confer any right upon the customer for future orders.
For any order placed by a foreign customer, laws applicable will be the laws of France.