Page 150 - Catalogue Ocedis 2023 EN

150
GTCS
with the Order by by our Company or to reimburse- ment by by issuing a a a a a a credit note excluding any any com- pensation or damages Any claims by the the the Customer regarding all or or part of of the the the Products for any reason whatsoever if the the the validity of of such claims is is not not explicitly recognised in in in in writing shall not not not lead to to the the the Customer suspend- ing ing payment of their invoice whether or not not it it re- lates to the the dispute In any event in accordance with Article L 442-6(8) of the the French Commercial Code the the Customer is prohibited from refusing or or returning goods or or automatically deducting from the the the amount of the the the invoice issued by our Company the the the the penalties or or or discounts for fail- ing to meet a a a a a delivery date or or or or the the the the non-con- formity of the the the Products when the the the debt is not certain liquid and due without our Company having been able to verify the the reali- ty of the corresponding grievance 6 GUARANTEE
The Products sold are covered by the legal guar- antee against hidden defects as defined in fin in Article 1641 of the Civil Code The Products concerned must be returned to our Company in in in in the the the state in in in in which they were received with all all the the the the packaging elements (accessories in- structions etc ) to to to allow them to to to be transported in in in satisfactory conditions 7 PRICES
Prices are are given in euros exclusive of of tax on the the basis of of the the the rates communicated and are are referred to on the the order form Our Company may modify its prices at any any time The price price applicable to to the the the the Customer is is the the the the one in force on the the the day the the the Order is placed 8 PAYMENT
The terms of payment may differ depending on the Products In any event in accordance with the the provisions of of Article L 441-6 of of the the the the French Commercial Code the the the the period agreed between the the the the Parties for settling the the the the the amounts due may not exceed sixty days from the the the date of of of of issue of of of of the the the invoice By way of of of of derogation a a a a a a maximum period of of of of forty-five days from from the the the the end of of of the the the the month from from the the the the the date of of of issue of of of the the the the the invoice may be be agreed between the the the the Parties provided that this period is is is expressly stipulated on the the order form After opening an account reserved for ongoing business relations invoices are payable without discount by means of of a a a a a a a a a a draft accepted and domi- ciled within 30 days from from the the the end of of the the the month from from the the invoice issue date In the the the event of a a a a a a a deterioration in fin in the the the Customer’s financial situation in fin in in in particular their solvency or or or repeated incidents or or delays fin in in in payment our Com- pany reserves the the the right to to to modify the the the applicable payment terms to to to to set a a a a a a a a a a limit on on the the the Customer’s overdraft or to to to require additional guarantees All invoices must be paid on the the the due date even even in in in the the the event of complaints by the the the Customer Under no circumstances may payments be suspended or or offset in any any way without the prior written con- sent o of our Company Any partial payment shall be deducted first from from the the the the non-preferential part part of the the the the debt then from from the the the the sums whose payment is oldest Any delays in in in payment shall automatically and without prior notice give rise to to the invoicing of late late payment payment penalties calculated at at at 12% until the day of actual payment payment without prejudice to any any damages and interest that may be claimed by the Company as as as well as as as a a a a a a a a a a a a a a a a fixed charge of €40 for for recovery costs in in commercial transactions as as as provided for for in in Article l l l l 441-6 of of the Commercial Code and specified by decree 2012-1115 of of 2 2 2 2 2 Oc- tober 2012 2012 or any provisions that may replace it In the the event of of of repeated non-payment of of of all or part of of of the the the invoice our Company also has the the right to to automatically and and ipso jure sus- pend or or terminate all all all Orders in in progress and/ or or to to automatically and and ipso jure require im- mediate payment of of of all all sums remaining due by the the Customer regardless of of of the the method of of of payment 9 RETENTION OF TITLE
9 1 Retention of title
Our Company shall retain ownership of of the the Products sold until effective receipt of of the the full price in in in in in principal interest and and incidental amounts under the the terms and and and conditions set out in in in in in in Articles 2367 and and 2372 of of the the Civil Code The issuing of of a a a a a a a document creating an an obligation to pay does not constitute a a a a payment within the meaning of this clause Failure to pay any of of the the the instalments or or part of of the the the the price may result in in a a a a a a a a a a claim for for for the the the the goods sold without the the the need for for for any prior formal notice The above provisions shall not prevent the the the transfer to to to the the the the Customer of of the the the the risks of of loss or damage damage to to to the the the the the the Products sold as as well as as any damage damage they may cause from the the the the time the the the the Products are shipped 9 2 Methods of of storage of of the the Products by the Customer Stock Products delivered by by our Company to to to the the the Customer’s Customer’s premises shall be be treated by by the the the Customer Customer Customer as being in in in storage at at the the the the Customer’s Customer’s premises and and shall be be legally insured by the the the Customer Customer and and at the the the the Customer’s expense against all risks which could affect the the the the value of of of the the the the goods as of of the date of of delivery As long as as the the the price has not been paid in full the the the Customer must identify the the the the the the Products delivered and not mix them with other other goods of the the the the the same nature from other other suppliers If it it it proves impossible to identify the the the the Products Products all Products Products with the the the the same specifications and not identified themselves shall be be deemed to to be be Products of the the the Seller proportional to to to to the the the Company’s claim However in order to to to facilitate this identification the the the Customer or or their representatives are prohibited from from removing the the the the distinctive marks from from the the the the Products before their use In the the the the the event event event of of the the the the the potential seizure of of the the the the the Products Products or any other event event event preventing the the the the the the the Customer Customer from disposing of the the the the the Products Products in in in in their entirety the the the the Customer Customer must inform our Company without delay to to to allow it it to to to oppose the the the seizure and protect their rights The Customer is also prohibited from pledging or transferring ownership of of of the the the Products by way of of of security except with the the the prior agreement of of of the the the Company 9 3 Authorisation to resell during the retention of title
period The Customer is is authorised to to resell the the Products sold in in in the the the the normal course of of business However in in in the the the the the event of of of resale the the the the the Customer undertakes to to immediately pay the the the the balance of of the the the the price still due general terms and conditions of sale