GENERAL TERMS AND CONDITIONS OF SALE – SAS STEPCONCEPT
Article No. 1: Purpose
The General Terms and Conditions of Sale described below set out the rights and obligations of STEPCONCEPT and its customers in the context of the sale of goods relating to the business activity of SAS Stepconcept, notably vehicle access systems, including steps and ramps. All services performed by STEPCONCEPT therefore imply the buyer’s unreserved acceptance of these General Terms and Conditions of Sale.
Any special conditions indicated on the quotation shall override these General Terms and Conditions of Sale.
Article No. 2: Placing of orders and contracts
Except where expressly provided to the contrary, our offers, quotations, etc. are valid for a period of one month.
It is agreed that STEPCONCEPT may, ipso jure and without notice, terminate the contract, even if performance thereof has begun, due to the customer’s fault and at the customer’s expense, if the credit references provided by the customer prove insufficient, if its financial situation is compromised, or if it does not fulfil its legal or contractual obligations.
Article No. 3: Installation
STEPCONCEPT cannot be held liable for the installation and assembly of the equipment, which is the sole responsibility of the buyer.
Article No. 4: Pricing
The list price of the goods sold is that which is in effect on the date the order is placed, denominated in euros and calculated net of tax. Consequently, VAT and shipping charges applicable on the day of the order will be applied to the list price.
STEPCONCEPT reserves the right to modify its prices at any time. However, the company undertakes to invoice the goods ordered at the prices indicated when the order is placed.
Article No. 5: Rebates and reductions / Discounts
The proposed prices include any discounts and rebates that STEPCONCEPT may decide to grant.
No discount will be given for advance payment.
Article No. 6: Payment methods
Orders can be paid by cheque, bank transfer, bill of exchange or promissory note.
Payments are only considered as such when they are actually received.
The period agreed by STEPCONCEPT within which to pay the amounts due may not exceed 45 days end of month or 60 days from invoice date.
In the case of periodic (summary) invoicing, the payment period may not exceed 45 days from invoice date.
Article No. 7: Late payment
In the event of partial or total non-payment of the goods delivered on the date of receipt, the buyer must pay STEPCONCEPT a late payment fee equal to three times the legal interest rate. The legal interest rate used is that in effect on the date of delivery of the goods.
This penalty is calculated on the outstanding amount including VAT and is effective from the due date of the sums owed without the need for prior formal notice.
In addition to the late payment penalty, any sum, including deposit, not paid on its due date shall automatically give rise to the payment of a fixed minimum sum of 40 euros in compensation for recovery costs. Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Article No. 8: Cancellation clause
If, within fifteen days of implementation of the “Late Payment” clause, the buyer has not paid the remaining sums due, the sale will be automatically cancelled and STEPCONCEPT may be entitled to claim compensation.
Article No. 9: Retention of title clause
STEPCONCEPT retains ownership of the goods sold until full payment of the price, including principal amount and ancillary costs. As such, if the buyer is subject to receivership or liquidation proceedings, STEPCONCEPT reserves the right to claim, as part of collective proceedings, the unpaid goods sold.
STEPCONCEPT retains full intellectual property rights to these projects, studies and drawings, which may not be used, distributed, reproduced or executed, in whole or in part, in any way whatsoever without prior written permission.
The information provided in brochures, leaflets, catalogues, websites and other sales and advertising documents, in any form whatsoever, is provided for information purposes only, is not contractually binding and in no way constitutes grounds for liability on the part of STEPCONCEPT. STEPCONCEPT does not grant any industrial property rights under this contract. The partial or total reproduction of the equipment or manufacturing processes without the express written consent of the seller may give rise to legal proceedings.
Article No. 10: Delivery
The goods may be delivered:
- directly to the buyer
- by sending a notice to the buyer that the goods are available for collection
- to the place indicated by the buyer on the order form
The delivery leadtime indicated when the order is placed is provided for information purposes only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products does not constitute grounds for:
- the award of damages to the buyer
- the cancellation of the order by the buyer
The transport risk is borne entirely by the buyer.
Regardless of the destination, the goods are deemed to have been received as soon as they are collected by the carrier from your facility. In case of loss or damage to goods during transport, the buyer must add the necessary reservations to the goods receipt form. These reservations must also be confirmed in writing within five days of delivery by registered letter to STEPCONCEPT.
Article No. 11: Warranty
STEPCONCEPT warrants that the equipment is free from material and manufacturing defects under normal use and service.
The warranty provisions do not apply in the following cases:
- improper installation, maintenance or alteration not approved by STEPCONCEPT
- misuse, negligence or accident
Warranty is limited to the repair or replacement of any product returned to our factory and only after assessment by our services.
If repairs are carried out by a person outside of STEPCONCEPT, with prior agreement, only the spare parts will be covered by STEPCONCEPT. Labour, travel and other related costs will be borne by the buyer.
Unless otherwise agreed in writing by STEPCONCEPT, all defective spare parts must be returned to our factory.
The warranty is valid only for original parts supplied by STEPCONCEPT, up to a maximum of 24 months from the date of delivery of the goods. The warranty does not apply to parts purchased from sources other than STEPCONCEPT.
Article No. 12: Force majeure
STEPCONCEPT cannot be held liable for the non-execution or delay in the execution of one of its obligations set out in these General Terms and Conditions of Sale due to force majeure. As such, force majeure is understood to mean any unforeseeable and unavoidable external event within the meaning of Article 1148 of the French Civil Code.
Article No. 13: Jurisdiction
Any dispute relating to the interpretation and execution of these General Terms and Conditions of Sale is subject to French law. Where an amicable settlement cannot be reached, the dispute will be brought before the Commercial Court of Laval (53)
