Terms and conditions of sale
GENERAL CLAUSES
Our sales are subject to the present general terms and conditions which prevail over any purchase terms and conditions, exept formal derogation on our part. Unless otherwise agreed in writing, the acceptance of the offer by the customer implies his adherence to the present conditions of sale whatever the clauses that may appear on his own documents. Unless the purchaser notifies us by return mail that he does not agree with any of the clauses mentioned below, these clauses will then constitute the terms of the contract.
ORDERS
Orders are only final when they are confirmed in writing to the seller by our Acknowledgement of Receipt. For all orders, we send our Acknowledgement of Receipt within a few days (this period depends on the complexity of the order). Any modification of any modification of the order requested by the buyer can only be taken into consideration if it is received in writing before the products are manufactured.
DELIVERY
Delivery is made either by direct handover of the product to the purchaser or by delivery to a carrier in the seller's warehouse. The seller is authorized to make deliveries in whole or in part. The delivery times are indicated as accurately as possible but are subject to the seller's supply and transport possibilities. Exceeding these deadlines shall not The exceeding of these deadlines shall not lead to any compensation or cancellation of the order. In any case, the delivery within the deadlines can intervene only if the purchaser is up to date with his obligations towards the seller.
RISKS
The products travel at the risk of the addressee to whom it belongs in case of damage or missing items to make all necessary observations and to confirm his reserves by extra-judicial act or by registered letter with acknowledgement of receipt to the carrier within 48 hours of receiving the goods. The transfer of risks on the products, even in the case of a sale agreed free of charge, takes place as soon as they are dispatched from the seller's warehouses. It is the responsibility of the buyer, in case of damage, loss or shortage, to make all reservations or to exercise all recourses with the responsible carriers. If the purchaser imposes his own carrier or special transport conditions, the seller is entitled to invoice him for the additional transport costs he may have to bear as a result.
PRICES
The prices are established on the basis of the conditions indicated in the estimates. They are revisable according to the variation of the costs of their elements and in particular according to the price of the precious metals entering the manufacture of certain products. The variations of price can in no case be a reason for cancellation of the order. Any price change will be subject to an order acknowledgement which, once validated in writing by the customer, will act as an amendment to the order. In the absence of any indication to the contrary, the prices are ex works, postage and packing not included. Any request for additional services such as: studies, test reports, various certificates, shall, unless otherwise agreed, be subject to additional invoicing by the seller, separate from the cost of the products sold.
TERMS OF PAYMENT
Unless otherwise agreed, payments shall be made within 30 days from the date of invoice. The seller reserves the right to require cash payment as a guarantee before the shipment of the ordered product. No discount is granted for for early payment. In the event that the purchaser defaults in the payment of all sums due to the seller, the latter reserves the right, with or without prior notice, to suspend all orders and deliveries in progress, and to repossess the equipment delivered, until the material delivered, until the buyer has paid all sums due. Any sum not paid at the fixed date will automatically entail the application of penalties of an amount equal to one and a half times the legal interest rate and an indemnity of 15% as a penalty clause with a minimum of 30 € to cover the costs of litigation management, in addition to legal fees and interest.
RETENTION OF TITLE
In accordance with the Law 80335 of May 12, 1980, the seller reserves ownership of the goods until full payment of the sale price. However, the risks of the goods shall be borne by the buyer as soon as they are made available.
WARRANTY
The Seller warrants the equipment it manufactures for a period of twelve months from the date of delivery. This guarantee against any manufacturing or material defect applies only if the products have been used in normal conditions of use. It does not apply to deterioration caused by assembly errors, mechanical accidents, lack of maintenance, failure to observe the recommended operating temperatures, overloading or overvoltage, or calibration work carried out by third parties. The warranty shall in no case exceed the amount of the invoiced price. The responsibility of the seller is strictly limited to the replacement of defective parts, and the purchaser expressly waives any liability of the seller for damage or loss caused directly or indirectly. Repair, modification or replacement of a part during the warranty period shall not extend the warranty period. Equipment supplied by Seller but manufactured by third parties carries only the warranty of the third party manufacturer.
FAULTS
A procedure for handling faults PR 04 R07 is available on request.
For any complaint concerning our supply or our service, please inform us, preferably in writing, via the following e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.
We commit ourselves to answer you as soon as possible
CONFIDENTIALITY
The purchaser will consider as strictly confidential and will refrain from disclosing any information, technical formula or concept of which it could have knowledge at the time of the contracts. For the application of this clause, the Purchaser is responsible for its employees as well as for itself. The Buyer shall not reproduce or transmit the Seller's products, as well as any plans, models or prototypes. Likewise, the Seller undertakes to keep strictly confidential any information that it may have at its disposal during the course of the various business transactions, including after their termination.
ATTRIBUTION OF COMPETENCE
In the event of a dispute of any kind or of a disagreement relating to the formation or execution of the order, the courts of Toulon shall have sole jurisdiction, unless the seller prefers to bring the matter before any other competent court. This clause applies even in the event of summary proceedings, incidental claims, multiple defendants or third-party claims, and regardless of the method and terms of payment, without the jurisdictional clauses that may exist on the buyers' documents being able to prevent the application of this clause. The applicable law is French law.
APPENDIX - CALIBRATION SERVICES
POSSIBILITIES
* Mandatory laboratory consultation
ACCREDITATION
Right to use the accreditation mark : in accordance with the COFRAC rules described in the document GEN REF 11, JD MESURE authorizes the textual reference to its accreditation which must be formulated in the following way: "JD MESURE, accredited under the number 2-7155 whose scope is available on the Cofrac website (www.cofrac.fr)". Moreover, JD MESURE only authorizes the reproduction of the calibration certificate in its integral form and does not allow the reproduction of its accreditation mark (COFRAC logo and mention "calibration") alone.
CONFIDENTIALITY
JD MESURE undertakes to treat as confidential the issued calibration certificates, as well as all technical, commercial or other information that would be communicated to it within the framework of the execution of its calibration service.
JD MESURE also undertakes not to disclose any confidential information (except at the request of a competent administrative authority or in execution of a court order) without having informed its client in advance. Confidential information from external sources (plaintiff, regulatory authorities, etc...) and their origin remain confidential with respect to the client they concern unless the source agrees.
SUBCONTRACTING
JD MESURE does not subcontract any of its calibration services. In case of force majeure or unavailability of resources, the customer will be notified as soon as possible so that it can contact a laboratory with the ability to perform an equivalent equivalent service.
RESULTS
The results are grouped together on a calibration certificate in French/English languages, published in paper version, systematically attached to the calibrated equipment.The CEHA reference on the quote means that the reports are not produced under accreditation and are therefore neither presumed to comply with the accreditation framework nor covered by international recognition agreements.Transmission of the certificate in electronic version (PDF format) is possible if an explicit request (on the order or electronically) has been made by the customer beforehand. The request must also include a nominative email address in order to guarantee the integrity and confidentiality of the submission. Any other additional request (writing language, different media) will be invoiced additionally.If a declaration of conformity must be issued at the end of the calibration service, the decision rules must be defined initially with the customer and recorded on the order.No modification can be made to an original document transmitted and its reproduction is only authorized in its complete form.Without the prior written consent of JD Mesure, any partial or complete reproduction of the JD Mesure brand and its logo is strictly prohibited under penalty of prosecution.In the case of a document provided under Cofrac accreditation, in accordance with the general rules for reference to accreditation (GEN REF 11 of Cofrac), the client is not authorized to use the Cofrac accreditation mark issued to JD Mesure.
TECHNICAL CONTACT
Laurent TARILLON / Laboratory Manager
04 94 10 87 80