Clause 1: Purpose
The general conditions of sale described below detail the rights and obligations of the T3S company (Tecnic Sérigraphie service) and its customer within the framework of the sale of the goods having been the subject of a request for price
Any service performed by the company T3S (Tecnic Sérigraphie Service) therefore implies the buyer’s unreserved acceptance of these general conditions of sale.
The placing of an order by the Buyer obligatorily entails its waiver of any General Terms and Conditions of Purchase or of any provision contrary to these Terms and Conditions. Orders are firm and final and no cancellation or modification will be possible without the Vendor’s prior written acceptance. Unless it is demonstrated that the cancellation is the Vendor’s fault, any deposits paid will be retained by the Vendor as damages.
if no complaint has been made one month after delivery, the order will be deemed to be compliant
Clause 2: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day the order is placed.
T3S reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause 3: Discounts and rebates
The prices quoted include any discounts and rebates that T3S may grant on the basis of its results or the assumption of responsibility by the purchaser for certain services.
Clause 4: Discount
Aucun escompte ne sera consenti en cas de paiement anticipé
No discount will be granted for early payment.
Orders are paid for as follows
– Either by cheque or by bank transfer within 30 days of the end of the month on the 15th.
For all first orders, the buyer must pay the full amount of the invoice on the basis of a proforma invoice, unless previously agreed with T3S.
Clause 6: Late payment
In the event of total or partial non-payment of the goods delivered on the date of receipt, the buyer must pay T3S a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the date of delivery of the goods.
From 1 January 2015, the legal interest rate will be revised every 6 Months (Order no. 204-947 of 20 August 2014).
This penalty is calculated on the amount outstanding, inclusive of tax, and runs from the due date of the price without the need for any prior formal notice.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros, due as recovery costs.
Article 441-6, I paragraph 12 and D.441-5 of the French Commercial Code
Clause 7: Resolutory clause
If, within fifteen days of the implementation of the “Late payment” clause, the buyer has not paid the outstanding sums, the sale will be cancelled by operation of law and may give rise to a claim for damages against T3S.
Clause 8: Retention of title clause
T3S retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the buyer is the subject of receivership or liquidation proceedings, T3S reserves the right to claim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.
Clause 9: Delivery
Delivery is made
- Either by handing over the goods directly to the buyer
- at the location indicated by the buyer on the order form
The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not give rise to the following claims in favour of the purchaser
– Allocation of damages Cancellation of the order
– The transport risk is borne in full by the buyer, except for export sales.
In the event of missing or damaged goods during transport, the purchaser must make all necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt.
Clause 10: Force majeure
T3S may not be held liable if the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure refers to any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.
Clause 11: Delivery tolerance
Due to manufacturing uncertainties, we are not obliged to provide our customers with the exact quantities ordered. The tolerances allowed on the quantities ordered and which the buyer is obliged to accept are limited to the following percentages to be applied to the figure indicated on the print order, or on the quantity appearing on the order if there was no print order: from 5 to 10% depending on the media. These tolerance percentages apply to work carried out in one or two colours. These percentages are doubled for work carried out in three or four-colour process on one or both sides.
Clause 12: Guarantees
The Vendor’s contractual obligations are automatically suspended and the Vendor is not liable in the event of events likely to halt or reduce the manufacture or transport of the goods or to prevent the normal execution of sales. Similarly, the Vendor cannot be held liable if the products sold are stored in abnormal conditions or conditions incompatible with their nature.
The Vendor’s guarantee is limited to the replacement of goods found to be defective, to the exclusion of all damages and interest on any grounds whatsoever, in particular loss of materials, loss of earnings, etc., and in general for any alleged direct or indirect loss, the Buyer having to check the goods before use or resale.
In order to guarantee the quality of its products and to preserve its brands, the Seller has the right to take back, in any place whatsoever, products whose quality is in doubt, with the Buyer undertaking to provide assistance, particularly logistical assistance and by establishing a stock.
Clause 13: Minimum billing
Unless there is a specific agreement between T3S and its client, the minimum invoice amount will be 40 euros excluding tax.
Clause 14: ISP request
Any request for FAI (First article inspection) will be subject to a cost to be agreed between the two parties.
Clause 15: Place of jurisdiction
Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be governed by French law.
Failing amicable resolution, the dispute will be referred to the Commercial Court of Toulouse.