GENERAL TERMS CONDITIONS OF SALE
All orders placed with KiloAmps® in any form imply unconditional acceptance of our general terms and conditions of sale, notwithstanding any stipulation to the contrary contained in our clients’ general terms and conditions of purchase or any other document.
Our offers are not mandatory. Verbal agreements or information of any kind are only binding upon our written confirmation. Photographs are not binding. In case of financial risk, KiloAmps® reserves the right to refuse an order at its own discretion and without explanation.
Orders can be sent to us by mail or fax. The delivery period will start from the date of receipt of the written order, provided that all technical clarifications have been made beforehand. Otherwise, the delivery period shall begin when the last technical clarification has been confirmed in writing.
PRICES, PAYMENT, PENALITIES
Prices: the prices of our goods are ex works, without packaging, unless otherwise stipulated in our offer. Prices are valid for two months, unless otherwise stipulated in our offer.
However, prices may be revised without prior notice in the event of changes in tax, customs and social legislation, and in general of any legislative measure that may have an impact on prices, in the event of strong variations in currency parities, and in the event of force majeure.
Terms of payment: the first order is payable on delivery. Subsequent orders are payable within 45 days of the end of the month, or within a week with a 2% discount. For all orders over 10,000 euros, a deposit of 20% is required at the time of ordering, payable by cheque on receipt of our order confirmation. The balance shall be payable by accepted draft to be returned to us within eight days of the invoice date, which is the same as the due date.
Failure to return accepted bills of exchange within eight days of the invoice date or failure to pay an invoice shall render all subsequent invoices or bills of exchange immediately payable, even if not yet due, and shall entitle us to suspend the execution of any order in progress.
The purchaser shall refrain from using a claim against KiloAmps® to modify or postpone the payment of all or part of a due date.
Late payment: any delay in payment automatically renders the nominal value of the receivables due and the penalties will be calculated on the basis of 18% per annum prorata temporis, plus collection costs, without prejudice to the right of KiloAmps® to suspend the orders in progress.
We cannot be held responsible for delays in supply from our suppliers, nor for stock shortages. Delivery times are given as an indication and are not binding. Any delay in delivery caused by the buyer authorizes KiloAmps® to invoice the goods concerned and to keep them at the disposal of the buyer, at the latter’s expense and risk. The transfer of risks on the products takes place as soon as they leave our factory, unless the offer specifies an Incoterm indicating that the transfer takes place in another place.
RETETION OF TITLE
The seller retains ownership of the goods sold until full payment of the price in principal and accessories has been made. Failure to pay on any due date may result in the immediate reclamation of the goods. This provision does not prevent the transfer to the buyer, as soon as the goods leave our factory, of the risks of loss and deterioration of the goods sold, as well as the damage they may cause. If the goods are resold by the customer before the full price has been paid, the customer must assign the claim to us, and if payments on this claim have already been made, they must be passed on to us upon receipt.
All our products are guaranteed for one year from the date of invoice. If it is explicitly stated in our offer that the warranty is for a period of one year from the date of commissioning of the products, this warranty shall in no case extend beyond a period of two years from the date of invoice. Any claim must include precise details of the operating conditions, which must be in accordance with those foreseen at the time of the order, the date of purchase and the product references. The warranty applies only to products supplied and delivered by KiloAmps® and excludes any indirect damage or loss of use. KiloAmps® reserves the right to repair or replace defective items. The warranty requires the return of the defective equipment to our workshop, at the customer’s expense, thus excluding any intervention by KiloAmps® on the customer’s site under the warranty.
DEADLINES, RETURNS, DISPUTES, COMPLIANTS
No claim will be accepted if it is made more than 48 hours after receipt of the material, or the appearance of the defect giving rise to the claim. No goods may be returned to us without our prior written agreement, whether under warranty or not. In case of dispute, the Commercial Court of Saint-Etienne-Montbrison is the only competent court.