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Terms and conditions of sale

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General Terms and Conditions of Sale of E.C.C Cranes & Components
Any order implies the buyer’s unconditional acceptance of and full adherence to these General Terms and Conditions of Sale printed on the reverse side, which the buyer acknowledges having read beforehand.

1.ACCEPTANCE OF ORDERS

  • Any order implies the buyer’s unconditional acceptance of and full adherence to these General Terms and Conditions of Sale, which shall prevail over any other document issued by the buyer, in particular any general terms and conditions of purchase, unless expressly agreed otherwise in writing in advance by our company.

  • Orders shall only become binding upon us once they include all necessary specifications and have been expressly accepted in writing by our company.

  • The buyer shall indemnify us against any damages, penalties, costs or expenses for which we may be held liable by a court or other authority as a result of executing an order in accordance with the buyer’s specifications that would constitute an infringement of a patent or registered design.

  • No condition imposed by the buyer shall be binding upon us.

2.DELIVERY

Delivery Time

  • Our company endeavors to meet the delivery times indicated at the time of order acceptance, except in cases of force majeure or circumstances beyond our control (strikes, frost, fire, storms, floods, epidemics, supply difficulties, etc.).

  • Delivery times are provided for information purposes only and are indicative; they depend in particular on carrier availability and the order of receipt of orders.

  • Any delay in relation to the indicative delivery time initially provided shall not justify cancellation of the order by the customer, nor give rise to penalties or compensation.

  • In the event the customer fails to comply with contractual obligations, or fails to pay an invoice in full by its due date, our company reserves the right to suspend any current and/or future deliveries.

Risk

  • All goods sold are transported at the buyer’s risk, regardless of the method of transport or payment terms for transport costs.

Transport

  • In the event of damage or shortages upon delivery, it is the customer’s responsibility to make all necessary reservations with the carrier.

  • Any product not subject to reservations sent by registered letter with acknowledgment of receipt to the carrier within three days of receipt (per Article L133-3 of the French Commercial Code) shall be deemed accepted.

Acceptance

  • Acceptance of the ordered products without reservations covers any apparent defects and/or shortages.

  • No return of goods may be made by the customer without our company’s prior express written consent. Return costs shall only be borne by our company if an apparent defect or shortage is effectively confirmed by our company.

  • If a defect is confirmed, the customer may only request replacement or completion of missing items, without being entitled to compensation or cancellation of the order.

3.SALE PRICE AND PAYMENT

  • Our prices are those in force on the date the order is placed, exclusive of taxes, ex-works.

  • No discount shall be granted for early payment.

  • Unless expressly agreed otherwise, goods are payable in full on the due date indicated on the invoice.

  • Any amount not paid by the due date shall give rise to late payment penalties calculated at twice the legal interest rate. These penalties are automatically due upon receipt of notice.

4.RETENTION OF TITLE

  • Transfer of ownership is suspended until full payment of the price (principal and ancillary costs).

  • Our company may repossess or claim products in the customer’s possession in compensation for any unpaid invoices.

  • From delivery, the buyer assumes responsibility for any damage the goods may suffer or cause and undertakes to insure the goods on behalf of the seller.

  • In the event of non-payment, we reserve the right to unilaterally terminate the sales contract 10 days after a formal notice has remained unsuccessful.

5.WARRANTY FOR LATENT AND APPARENT DEFECTS

  • No action for non-conformity may be brought by the customer more than 7 days after delivery.

  • After this period, the customer may no longer invoke non-conformity or raise it as a defense against debt recovery.

  • Under the warranty for hidden defects, our company is only required to replace defective goods free of charge, excluding any damages or compensation.

6.WAIVER

  • Failure by our company at any time to enforce any provision of these terms shall not constitute a waiver of the right to enforce such provision at a later date.

7.JURISDICTION CLAUSE

  • For any dispute relating to the performance, interpretation, or payment of this contract, exclusive jurisdiction is granted to the Commercial Division of the Court of Bressuire, regardless of the method of payment or plurality of defendants.

  • French law shall be exclusively applicable.

  • All formal notice costs, legal costs, and lawyer’s fees arising from a customer’s default shall be borne by the defaulting customer.