General Terms & Conditions of Sale

1. SCOPE OF APPLICATION

Any order implies that the buyer acknowledges and accepts our general terms and conditions of sale without reservation, unless otherwise agreed in writing. Furthermore, any order is firm and cannot be totally or partially cancelled without written agreement from MULTIROIR. Please draft orders clearly in order to avoid any misunderstanding regarding quantities, references and prices.

The products or services sold by our company are intended for any natural or legal person acting within the scope of their professional or commercial activity.

It is expressly agreed that these general terms and conditions of sale apply notwithstanding any contrary clauses appearing on purchase orders or any other documents issued by our clients – buyers.

2. DELIVERY

Deliveries are made either freight collect when specified by the customer, or freight prepaid by us and invoiced accordingly otherwise. The shipping cost indicated on our documents corresponds to delivery under normal conditions (freight truck access, dock and/or unloading equipment). Otherwise, an additional charge will be invoiced, even for deliveries advertised as free shipping.

3. INVOICING

Invoices are issued according to the price list in force on the day of delivery.

4. PAYMENT

The first order must necessarily be accompanied by its payment by cheque or bank transfer. Our invoices are payable by cheque, bank transfer or bill of exchange within 30 days net. Drafts or promissory notes must be returned accepted and domiciled no later than eight days after receipt of the invoice. Failure to comply with this clause may lead us to require cash payment for subsequent orders. Any request to open an account implies unconditional acceptance of our general terms and conditions of sale.

5. PRICING

The selling price of the products shown in our catalogues and/or any other printed media is indicative. Products are supplied at the MULTIROIR prices in force on the day the order is placed. The applicable price list is the one shown on our websites www.multiroir.com, www.mdose.fr, www.lobrot.com and www.multibac.com at the time the order is placed.

All our prices are expressed in euros and exclude taxes, shipping costs and customs duties unless otherwise stated. MULTIROIR reserves the right to modify the price of its products or associated services at any time. Prices may vary, for example, in the event of exceptional changes in raw material costs, limited-time promotional offers and/or regulatory changes relating to eco-contributions or other taxes.

If, for economic reasons, particularly due to an increase in raw material prices, certain prices were to be modified before the end of the quotation validity period, the customer would be informed beforehand when placing the order.

In accordance with Article L.541-10 of the French Environmental Code, MULTIROIR is registered in the producers register under the registration number: FR320613_01SSIS (ADEME).

6. DELIVERY TIMES AND RETURN OF GOODS

Delivery times are provided for information only. We cannot be held responsible for delays and no compensation may be claimed for this reason. Backorders are normally maintained unless otherwise specified. Goods are neither taken back nor exchanged.

No return will be accepted without our prior approval. Return costs are borne by the customer unless the return is due to our error.

7. WARRANTY

The supplier guarantees that its products comply with the specifications defined in the order and accepted by it. It is the customer's responsibility to specify the intended use of the goods. Quantity: any claim regarding quantities must be made by telephone and confirmed by registered letter with acknowledgement of receipt within 48 working hours following receipt of the goods. Claims not submitted within the above form and timeframe will not be considered.

Our warranty excludes consequences resulting from abnormal use, lack of maintenance or normal wear and tear. In general, regardless of the use made of the supplied parts, it is the customer's responsibility to check their compatibility with the products with which they will be used.

The warranty applies on a “return to factory” basis (travel of a technician and transport of the goods to and from the factory are at the customer’s expense). Only spare parts and labour are covered by MULTIROIR if the above warranty conditions are met.

8. TRANSPORT

Goods travel at the consignee’s risk without prejudice to the retention of title clause. Regardless of the consignee (and the terms of the sale), delivery is deemed completed once the packages are taken in charge by the carrier. As the goods travel under the carrier’s responsibility, even in the case of prepaid shipping, it is the customer’s responsibility to sign the delivery receipt either without reservations or with precise reservations. The customer must verify the conformity of the delivered or collected goods before signing any delivery document. If an anomaly is observed, the customer must record reservations directly on the delivery document followed by their signature. In case of serious anomaly (torn or opened packages, missing or damaged products…), the customer must refuse the parcel and indicate the reasons for refusal on the delivery document. This verification is deemed completed as soon as the customer, or any person authorized to receive the parcel on their behalf, signs the delivery document.

9. RETENTION OF TITLE

In accordance with the provisions of the French laws of May 12, 1980 and January 25, 1985 (No. 85-98), our goods are sold subject to a retention of title clause. MULTIROIR therefore retains full ownership of the delivered goods until full payment has been received. However, the buyer becomes responsible for the goods as soon as they are collected and therefore bears the risk of any damage they may suffer or cause from that moment. The delivered goods may not be resold before full payment has been received; the sending of a bill of exchange or an accepted LCR will only be considered as payment once collected. If, exceptionally, MULTIROIR authorizes its buyer in writing to resell or transform the delivered goods, such resale or transformation would grant MULTIROIR the right to claim the price or part of the unpaid goods, our customer undertaking in this case to inform their own buyer of this retention of title clause and of our right to claim.

10. TERRITORIAL SCOPE

The present terms of sale apply to mainland France. For Corsica, French overseas territories and other countries, the EXPORT sales conditions apply.

11. PENALTY CLAUSE

By express agreement between the parties, any failure to pay on the due date automatically results in the loss of the benefit of the term and makes the entire debt immediately payable, together with late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In accordance with Decree 2012-1115, in addition to the above late penalties, a fixed legal compensation of €40 including tax for collection costs will be due by the Customer. Furthermore, all remaining sums due will automatically be increased by a fixed indemnity equal to 15%, with a minimum amount of €75 payable by the Customer as a penalty clause, without prejudice to legal late payment damages. All penalties and legal or contractual indemnities are automatically and rightfully due to MULTIROIR without any formal notice or prior demand, and without prejudice to any other action MULTIROIR may take against the Customer. The amount of penalties will automatically be offset against any sums owed by MULTIROIR to the Customer. In the event of non-compliance with the above payment conditions, MULTIROIR reserves the right to cancel the sale, make acceptance of new orders conditional, require immediate payment of all outstanding sums or suspend the performance of its obligations. Under no circumstances may payments due to MULTIROIR be suspended or subject to any reduction or offset without its written agreement.

12. SPECIAL AGREEMENTS CLAUSE

Each BUYER/CUSTOMER authorizes MULTIROIR to send all notifications required for the file by registered mail with electronic acknowledgement of receipt to the address(es) provided by the BUYER/CUSTOMER.

Each BUYER/CUSTOMER acknowledges and guarantees that they have exclusive control of the email account they provided, particularly for (i) regular access, (ii) confidentiality of the login credentials enabling access, and (iii) management of incoming mail reception and filtering settings. Where applicable, each BUYER/CUSTOMER guarantees that any third party accessing the email account is authorized to represent and act on their behalf. The BUYER/CUSTOMER undertakes to immediately report any loss or misuse of their email account. Until such notification is received, any action performed through the email account will be deemed to have been carried out by the BUYER/CUSTOMER and will fall under their sole responsibility for all legal and regulatory consequences. Finally, the BUYER/CUSTOMER declares that they have access to a webcam/microphone system required to receive registered electronic mail.