General Terms and Conditions of Sale
General Terms and Conditions of Sale
GENERAL CONDITIONS OF PEIGNAGE DUMORTIER FROM 01.01.2024
(These conditions cancel and replace the previous general conditions)
1. Receipt of materials to be processed : The goods are to be delivered to our warehouse under the responsibility and at the expense of the
customer. We are not liable for weight differences occurring during storage. We are in no way liable for the deterioration of the materials resulting
from a too long stay in the wharehouse.
The combing wastes, as well as the non-conforming materials not intended for further processing, must be removed as they are produced,
otherwise, they will be forwarded and consigned to public warehouses in the name and at the expense of the owner.
2. Samples : Customers must verify themselves whether the samples taken are suitable for the nature of the material they have submitted for
processing. The cost of sampling, both raw and finished, will be charged, except for the cost of sending the reference sample.
3. Insurance : The insurance covers the ordinary fire risks of all stored goods. All other risks such as weather hazards, social unrest, war, theft, or
any other case of force majeure or resulting from an arbitrary decision of a public authority, etc. are not covered.
Under no circumstances may we be required to pay more than the amount received from insurers.
We cannot be held as guarantor of the insurers concerned, either from the point of view of the recovery of the sums insured or of the application
of the conditions of their policies, which can always be examined by the interested parties. Consequently, our clients are deemed to know and
agree with all the clauses. We shall not be responsible for any expert’s fees.
4. Deliveries : The following are deemed to be cases of force majeure: wars, riots, fire, floods, strikes, lockouts, machine breakdowns, etc. Force
majeure cases and other accidents or events which prevent or reduce production or delivery will exempt us from any liability.
In case of non-removal of goods made available, storage costs can be applied.
The delivery time indicated when registrating the order is given only as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products will not give rise to damages or cancellation of the order in favor of the buyer.
The transport risk is borne in full by the buyer.
In case of missing or damaged goods during transport, the buyer will have to enter all the necessary reservations on the order form at reception of
the said goods. These reservations must be confirmed in writing within five days of delivery, by registered mail addressed to the company.
5. Limitation of liability: For any kind of defect, the compensation shall not exceed the amount of the incriminated lot or part of lot; the proof of
the processing defect shall be established by the buyer.
6. Payment Terms : Payments will be made on the following terms: Payment at 30 days from date of invoice or 45 days end of month invoice date
(under the limits of our credit insurance cover).
7. Retention of title clause : Peignage Dumortier retains ownership of the goods to be processed until full payment has been made. In this
respect, if the purchaser is subject to receivership or judicial liquidation, Peignage Dumortier owns the goods entrusted.All goods held by us on behalf of a customer are pledged to us to secure payment of all sums due or to become due to us by the said customer
on any account whatsoever; this pledge shall not be extinguished either by the processing of the goods or by the transfer of the goods to the
disposal of another person.
Alternatively, in the event that for any reason we are unable to enforce this pledge, we shall exercise the right of retention on all goods, whether
processed or not, that we hold on behalf of the same customer, until full payment of all amounts due.
8. Competent court : Any dispute relating to the interpretation and execution of these general terms and conditions of sale and of orders placed
is subject to French law.
In case of dispute or contestation, the court of the Peignage Dumortier’s head office is the only competent one, even in case of appeal in
guarantee or plurality of defenders