TERMS AND CONDITIONS OF SALE
DYNAMICS FOR DISPLAY SAS (D4D) -SAS au capital de 50 000 €-RCS Toulon-Siret 52053900800018
1. General clause
Our sales are subject to the present general terms and conditions which prevail over all conditions of purchase, except in the case of a formal and express exemption on our part.
Unless otherwise stipulated, our offers are valid for one month from the date of delivery. The information contained in the catalogue and any other supplementary documentation from our sales and technical departments is provided for information purposes only and is not binding and can in no way constitute a binding offer on our part. We reserve the right to change them without notice at any time.
3.1 Orders shall only be accepted if they are placed in the form of an original letter with the customer’s official letterhead and a valid SIREN number.
3.2 Orders must obligatorily include either a valid reference to a catalogue product or a reference to an offer from our sales department.
3.3 Cancellation of orders will only be considered if the products ordered are indicated as being in stock and delivery is not in progress. We do not accept any cancellation concerning the manufacture of custom-made products, out of standard(s).
3.4 Any modification of the order at the customer’s request can only be taken into account with the agreement of our managers and will lead to the establishment of an amendment as well as to new prices and manufacturing deadlines if necessary.
4. Invoicing and prices
4.1 All our prices are quoted exclusive of VAT, plus shipping costs.
4.2 The prices indicated in the catalogue are indicative and are subject to the following currency variations: EUR/USD
4.3 Catalogue prices are based on economic conditions at the time of printing and are subject to change without notice due to changes in the prices of our suppliers and subcontractors.
4.4 The transport price negotiated on order may also be revised if the transport cost has been significantly increased by the operators. This without the possibility of cancellation of the order by the customer.
5.1 Delivery times are indicated as accurately as possible. Exceeding a reasonable period of time shall not give rise to any cancellation, penalties or damages. In the event of a special request from the customer, the order form must contain the imperative conditions and these must be clearly accepted by our managers. In the event of a dispute, the deadline stated on our offer at the origin of the order will be taken as proof.
5.2 We cannot be held responsible for delays by national and international transport and customs service providers or due to other major events beyond our control.
6.1 Our invoices are payable 30 days net after the date of delivery without discount or cash on delivery with a 2% discount, unless otherwise expressly agreed and accepted by us.
6.2 New customers shall pay their first invoice in cash with 2% discount.
6.3 In application of article L.441.6 of the Commercial Code, late payment penalties are due on the day following the payment date appearing on the invoice if the sums due are paid after this date. The interest rate for these penalties is set at 1.5 times the legal rate of the European Central Bank + 8% per annum.
6.4 Any customer who has exceeded the due date at least once will only be delivered goods against prepayment of the order.
7.1 All information and specifications given to the customer are the expression of our know-how and do not release the customer from the obligation to carry out further checks and tests.
7.2 No complaint concerning the quality or quantity of the goods delivered can be accepted after the legal deadline of 48 hours from receipt of the goods. In the event of a problem, the customer undertakes to provide us with easy access to the goods in order to ascertain any defects and to remedy them as far as possible. The customer also undertakes to trace the path of the goods since their receipt and to describe precisely any use or handling previously carried out.
7.3 In the event of misuse of our products by the customer contrary to our recommendations, technical files, instructions for use, the customer shall not be compensated and we shall not accept any penalty of any kind. The costs of replacing the goods and the related postage will be charged in full at the new prices in force.
7.4 Our obligations in the event of a delivery that is deemed to be non-conforming or defective shall be the replacement or repair of the products or a discount on the invoice at our discretion. No goods may be returned without our express acceptance. Our liability shall be limited to the invoice value of the goods and shall not extend to the payment of compensation for loss of profit, loss or consequential loss.
7.5 We shall not be liable for failures caused by components that do not comply with the manufacturer’s specifications, such as batteries, integrated circuits, motors, etc….
7.6 It is the responsibility of the customer to ensure that our products are used in accordance with the law, in particular patent and design law.
8. Retention of title
8.1 In application of the law 80.336 of 12 May 1980, Dynamics for Display SAS retains ownership of the goods sold until actual payment of the full price in principal and accessories.
8.2 This provision does not prevent the transfer to the buyer upon delivery of the risks of loss and deterioration of the goods sold as well as any damage they may cause.
In case of dispute, French law is the only applicable law and will be competent in case of dispute of any nature or dispute the courts of Toulon.