General Terms & Conditions of Sale

1. SCOPE OF APPLICATION

Any order implies the buyer’s knowledge and unconditional acceptance of our general terms and conditions of sale, unless otherwise agreed in writing. Furthermore, all orders are firm and cannot be cancelled in whole or in part without the written agreement of MULTIROIR-CONTROLEC. Orders must be drafted in a way that avoids any misinterpretation of 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.

By express agreement, these general terms and conditions of sale apply notwithstanding any conflicting clauses that may appear on purchase orders or any other documents issued by our customers-buyers.

2. DELIVERY

Deliveries are made either freight collect if specified by the customer, or prepaid and charged on the invoice otherwise. The freight charges indicated in our documents apply to delivery under normal conditions (access for freight trucks, loading dock and/or unloading equipment). Otherwise, an additional charge will be invoiced, even for carriage-paid deliveries.

3. INVOICING

Invoicing is based on the price in effect on the day of delivery.

4. PAYMENT

The first order must be accompanied by payment by check or bank transfer. Our invoices are payable by check, transfer, or bill of exchange within 30 days net. Bills of exchange or promissory notes must be returned to us duly accepted and domiciled within eight days of receipt of the invoice. Failure to comply with this clause will oblige us to require cash payment for subsequent orders. Any account application implies unconditional acceptance of our general terms and conditions of sale.

5. PRICES

The sales prices of products listed in our catalogs and/or any other printed materials are indicative. Products are supplied at the prices in effect at MULTIROIR-CONTROLEC on the date the order is placed. The applicable price is the one indicated 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 quoted in euros and are exclusive of taxes, shipping, and customs duties unless otherwise specified. MULTIROIR-CONTROLEC reserves the right to modify the price of its products or related services at any time. Prices may vary, for example, in the event of exceptional fluctuations in raw material costs, limited-time promotional offers, and/or changes in regulations relating to eco-contributions or other taxes.

If, for economic reasons, particularly due to an increase in raw material costs, certain prices were to be modified before the end of the validity period of a quotation, the customer would be informed in advance at the time of ordering.

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

6. DELIVERY TIMES AND RETURN OF GOODS

Delivery times are given for information purposes only. We cannot be held responsible in the event of delay, and no compensation may be claimed on this basis. Backorders are normally maintained unless otherwise specified. Goods are neither taken back nor exchanged.

No return will be accepted without our prior agreement. Return costs are at the customer’s expense, unless the error is ours.

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. Quantities: any claims relating to quantities must be made by telephone and confirmed by registered mail with acknowledgment of receipt within 48 working hours of receipt of the goods. Claims not submitted in the above form and time frame will not be considered.

Our warranty excludes the consequences of abnormal use, lack of maintenance, or normal wear and tear. In general, regardless of how the supplied parts are used, it is the customer’s responsibility to verify their compatibility with the products with which they are intended to come into contact.

The warranty is “ex-works” (the technician’s travel and round trip of the goods to the factory are at the customer’s expense). Only spare parts and labor are covered by MULTIROIR-CONTROLEC, provided 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 sale), delivery is deemed to have been made once the parcels have been handed over to the carrier. They travel under the carrier’s responsibility, even for carriage-paid deliveries. It is the customer’s responsibility to sign the delivery note with or without specific reservations. The customer must check the conformity of the goods delivered or collected before signing any delivery document. In case of anomaly, the customer must state their reservations directly on the delivery note, followed by their signature. In case of serious anomaly (torn packaging, missing or damaged products, etc.), the customer must refuse the parcel and specify the reasons for refusal on the delivery note. This verification is deemed to have been carried out once the customer, or any person authorized to receive the parcel on their behalf, has signed the delivery note.

9. RETENTION OF TITLE

In accordance with the provisions of the laws of May 12, 1980, and January 25, 1985 (No. 85-98), our goods are sold with a retention of title clause. As a result, MULTIROIR-CONTROLEC retains full ownership of the goods delivered until full payment has been made. However, the buyer becomes responsible for the goods as soon as they are collected and shall bear the risk of any damage they may suffer or cause. Goods delivered may not be resold before full payment has been made; the issue of a promissory note or bill of exchange is not considered payment until it has been cashed. If, by exception, MULTIROIR-CONTROLEC authorizes its buyer in writing to resell or process the goods delivered, such resale or processing shall give MULTIROIR-CONTROLEC the right to claim the price or part of the unpaid goods, and our client undertakes, in such a case, to inform their buyer of this retention of title clause and of our right of claim.

10. TERRITORIALITY

These terms and conditions of sale apply to mainland France. For Corsica, overseas departments and territories (DOM-TOM), and other countries, the EXPORT terms and conditions of sale apply.

11. PENALTY CLAUSE

By express agreement between the parties, any failure to pay on the due date automatically results in forfeiture of the term and makes our entire claim 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 aforementioned late payment penalties, a statutory fixed compensation of €40 including tax for collection costs will be payable by the customer. Furthermore, all sums still due will automatically be increased by a fixed indemnity equal to 15%, but not less than €75, payable by the customer as a penalty clause, without prejudice to statutory late payment compensation. All penalties, statutory and contractual indemnities, are automatically and by right acquired by MULTIROIR-CONTROLEC, without any formality or prior notice, and without prejudice to any other action MULTIROIR-CONTROLEC may be entitled to bring against the customer. The amount of penalties will automatically be offset against any sums due by MULTIROIR-CONTROLEC to the customer, for any reason whatsoever. In the event of non-compliance with the above payment terms, MULTIROIR-CONTROLEC reserves the right to terminate the sale, to make the acceptance of any new customer orders conditional, to render immediately payable all outstanding customer payments, or to suspend the performance of its obligations. Under no circumstances may payments due to MULTIROIR-CONTROLEC be suspended or be the subject of any reduction or set-off without its written agreement.

12. SPECIAL AGREEMENT CLAUSE

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

Each BUYER/CUSTOMER acknowledges and guarantees that they have exclusive control over the e-mail account they have indicated, in particular regarding (i) regular access, (ii) confidentiality of login credentials allowing access, and (iii) management of reception and filtering settings for incoming e-mails. Where applicable, each BUYER/CUSTOMER guarantees that any third party accessing the e-mail account is authorized to represent them and act on their behalf. The BUYER/CUSTOMER undertakes to immediately report any loss or misuse of their e-mail account. Until such notification is received, any action carried out by a BUYER/CUSTOMER via their e-mail account will be deemed to have been carried out by that BUYER/CUSTOMER and will be the sole responsibility of the latter for all legal and regulatory consequences of the aforementioned notifications. Finally, the BUYER/CUSTOMER declares that they have access to a webcam/microphone system, which will be required to receive the registered electronic mail.