• General clause
Orders accepted by LE POTELET imply unqualified acceptance of these general terms and cancel any general or supplementary clauses issued by the customer.
• Orders and prices
Orders must be placed in writing after a quotation has been returned and accepted. All orders are the subject of an order confirmation; any claims or modifications to orders must be made in writing within three days of the date of the order confirmation.
If the order is produced using special, non-standard plans not compliant with the currently valid catalogue, it is up to the customer to ascertain that it has the project-related reproduction rights.
Prices are stated exclusive of tax and, barring special conditions, are those stated in the price list enclosed with the catalogue at the time of ordering.
• Carriage and delivery
The cost of carriage must be approved for each order and, barring a special agreement, carriage is payable by the customer.
Goods travel at the risk of the consignee, and even they are if shipped carriage paid, it is up to the consignee to make all necessary observations and confirm reservations by registered letter with acknowledgement of receipt sent to the carrier.
If the goods do not match the order, this must be notified by registered letter with acknowledgement of receipt within three days of receipt, after which time no claims will be admissible.
Delivery lead times are stated as a rough guide; if they are not met, no compensation of any kind will be forthcoming and the order cannot be cancelled.
We shall not be held liable in cases of force majeure, such as total or partial strikes, fire, natural disaster, exceptional climatic events or any other unavoidable or unforeseeable event.
Barring an agreed provision to the contrary, invoices are payable in full at the company’s registered office.
Payment facilities may be arranged subject to the company’s agreement, and may be withdrawn at any time.
Invoices made out to the State, local and regional authorities and their public corporations, are payable in accordance with the terms and conditions stipulated by the law on the modernization of the economy no. 2008-776 of 4 August 2008, including the clauses on late payment interest.
• Late payment
Non-payment or late payment will by rights, in addition to the suspension of any new deliveries, entail payment of interest for days overdue at one and a half times the current official rate.
• Reservation of title
Pursuant to law no. 80335 of 12 May 1980, LE POTELET retains full title to the goods until full payment for them has been made, including any payable interest for late payment.
Delivered goods remain under the responsibility of the customer; in the event of theft or damage, the customer may neither pledge them nor use them as collateral.
In respect of the warranty, LE POTELET undertakes to replace any part it deems defective free of charge. It is up to the customer to provide evidence of the reality of the noted defects and irregularities.
This warranty will not apply for defects or damage caused by vandalism, lack of upkeep, misuse, poor storage conditions, accidents, natural disasters or alterations made to the initial product.
• Intellectual property
LE POTELET retains full ownership of all designs, drawings or plans it may publish in its catalogues or publications in any form or medium whatsoever, and prohibits anyone from using them without its express consent, reserving the option of bringing legal proceedings before the competent courts to exercise its rights.
• Dispute and jurisdiction
In the event of a dispute, whatever the grounds or claims for third-party contributions, irrespective of the number of defendants, French law alone will apply and the Commercial Court of Nantes shall have sole competence.