General terms and conditions of sale
These terms and conditions are subject to change without notice.
Please consult our sales department for the most up-to-date version.
Definition of the material
The material defined by this documentation is subject to change without notice, taking into account the technical progress of our production.
Our price offers are valid for 30 days unless otherwise agreed. After this period, in the absence of written confirmation from us, they shall be deemed null and void. The communication of an order form by the customer constitutes adherence to our general conditions of sale, without restriction or reserve, and the conditions of purchase stipulated by our customers, whether printed or not, are opposable only if they have been expressly accepted by our company at the time of the registration of orders and present on our acknowledgements of receipt. A purchase order signed by the buyer will be required before any delivery, even partial, of material.
The buyer’s order is deemed final after its acceptance by the seller. Our terms of payment are defined at the opening of the customer account.
The terms of payment run from the dispatch of the material to the customer or at his request, from the provision of the material in our stores. The minimum billing is set at 500 € (International). Any delay in payment will result in penalties of interest equal to one and a half times the legal interest rate. In the event of recovery by litigation, the costs incurred by the seller will be borne by the buyer, without prejudice to damages. The fact that a customer has filed a claim does not entitle him to defer or refuse the global payment on the date set. Any dispute of any nature whatsoever must be settled separately. Late payment of an invoice on the due date renders all other outstanding invoices immediately payable, even if they are the subject of an accepted bill of exchange, as well as the reversal of any discounts. Failure to pay an invoice entitles us to demand cash payment with the dispatch or delivery of any new goods, regardless of the terms of the order to which it relates.
Any significant change in the purchaser’s financial or economic situation, even after partial execution of the orders, may lead to a revision of the terms of payment of the latter.
The delivery times indicated on our offers are given as an indication (average delivery times) and may be modified according to the load of our workshops and supply constraints. All orders are firm and no cancellation of order will be accepted, unless specifically agreed by the management of our company. After delivery, goods recognized as conforming are neither taken back nor exchanged. The possible delay will not be able to justify either a cancellation of contract, or damages.
The products sold to Buyer by T.E.I comply with the specifications established by the manufacturers as indicated in the corresponding manual(s) provided to Buyer. Buyer shall inspect all products it receives as soon as possible after receiving them for damage, non-conformity or missing quantities. Buyer shall notify T.E.I in writing, within five business days of delivery, of any damage, non-conformity or missing quantity that it finds or could reasonably be expected to find. In the event that the Buyer resells the products, the Buyer shall be liable for any damage that the products may suffer. Buyer must notify T.E.I in writing of any defect before the end of the product warranty period. The warranty period begins, unless otherwise notified by T.E.I to Buyer, on the date of delivery of the product or performance of the service, for a standard period of 12 months for products (excluding consumables) and ninety days from the date of performance of the service. In the event that any products or services do not comply with this Warranty or are defective in any other way, T.E.I may, at its discretion, either repair the products or replace them with new or repaired, identical or compatible products, or re-perform the service or refund the purchase price. This is Buyer’s exclusive remedy under the warranty. T.E.I shall not be liable for conditions or applications beyond its control. Defects or problems resulting from such conditions or applications are not T.E.I ‘s responsibility. Such conditions include normal wear and tear, disaster, fault or negligence on the part of the user or someone other than T.E.I, improper installation, application, or use of the products or improper storage or maintenance of the products, or other causes beyond T.E.I ‘s control, such as improper performance by third parties, or failure to follow any T.E.I’s current recommendations. The provisions of this warranty do not apply to items whose serial numbers have been altered or removed. The warranty does not cover, and T.E.I does not warrant, batteries of any type used with other products supplied. Where any product contains software, whether included in a product supplied hereunder or separately, T.E.I warrants that such software will, on the date of delivery, substantially conform to T.E.I ‘s documentation relating to such Software (“User Documentation”). T.E.I shall not be responsible for the cost of labor for removal or reinstallation of the products. The repaired or replaced product will then be warranted under the Warranty for the remaining Warranty Period. Buyer shall not return the products until authorized to do so by T.E.I. Products returned without authorization will not be repaired or replaced and will be returned to sender at Buyer’s expense. Warranty shall be deemed to be return to T.E.I ‘s factory, with all costs associated with shipping the material to T.E.I and back being borne by Buyer. T.E.I ‘s maximum liability, for any reason whatsoever, shall be equal to the net purchase price actually paid by Buyer to T.E.I, excluding any damages or incidental expenses. T.E.I shall in no event be held liable for the consequences of any kind resulting from a malfunction of a product in its supply, regardless of the Buyer’s purchasing conditions. This Warranty is granted only to the first purchaser and shall not be extended to any subsequent purchaser or assignee of the T.E.I ‘s products. The first purchaser is not authorized to extend or assign this Warranty to any third party. This Warranty replaces, to the fullest extent permitted by law, all other warranties, conditions, representations or other provisions, whether written or oral, express or implied by law, including any warranty regarding the fitness of the products for a particular purpose or merchantability. To the extent permitted by law, this Warranty is in lieu of all other warranties, conditions, representations or other terms, written or oral, express or implied, including warranties of merchantability and fitness for a particular purpose.
Recommendations are made on a voluntary basis and are given for information purposes only. They do not engage the responsibility of T.E.I. They do not constitute an element of execution and it is up to the user, under his own responsibility, to control and verify that they take into account the general rules applicable for this type of realizations and the particular conditions of use. Our plans and documents may under no circumstances be reproduced without our prior agreement.
Retention of title
In accordance with the text of the french law n’80-335 of May 12, 1980, the seller retains ownership of the goods sold until actual payment of the full price in principal and accessories. Does not constitute payment within the meaning of this clause the handing-over of a title creating an obligation to pay (draft or other). Failure to pay on any of the due dates may result in the goods being reclaimed, whether the goods are the subject of this invoice or goods that have been the subject of other invoices under one of the buyer’s orders. The above provisions do not prevent the transfer to the buyer of the risks of loss or deterioration of the goods, as well as any damage they may cause, from the date of delivery.
It is expressly agreed that all reciprocal debts and receivables held by us and our customers against each other in connection with the business relationship are related and indivisible in such a way that they serve as mutual security and offset each other.
Carriage and packaging
Our prices, ex-works (Ivry-la-Bataille), do not include postage and packing (individual and grouping). They will therefore be invoiced in addition and according to the type of material and shipment, with a minimum specified on the price offer. By express agreement, the delivery is exclusively under the responsibility of the buyer, whatever the method and the participation brought to the delivery by the T.E.I ‘s personnel.
Any dispute in France or abroad will be under the exclusive jurisdiction of the Commercial Court of Paris which will judge according to the French law applicable to the contract. This even in case of appeal in guarantee of plurality of defendants and notwithstanding any attributive clause to the contrary.