GENERAL CONDITIONS OF SALE AND DELIVERY
Article 1: Purpose and general provisions
1.1. These general conditions of sale determine the rights and obligations of the parties applying to all orders placed by customers with the company AGRILENE registered in the Versailles Trade and Companies Register under n ° 320 464 514 00019.
1.2. In accordance with article L441-6 of the Commercial Code, any order placed with the Company AGRILENE entails full acceptance of these general conditions of sale.
1.3. Any special condition emanating from the client must be the subject of a written formulation of said client and acceptance of the AGRILENE Company in writing, failing which it cannot in any way be enforceable by the client against the seller.
1.4. The customer acknowledges that he has received all the necessary information in line with his needs.
1.5. These General Conditions of Sale can be modified at any time by the AGRILENE Company, subject to being brought to the attention of the customer.
Article 2: Offers and Orders
2.1. Any order from a customer to AGRILENE Company commits the seller only after written confirmation.
2.2. Any inaccuracy in an order confirmation by the AGRILENE Company must be communicated in writing to the seller within 2 days from the date of confirmation, failing which the order is considered to be in accordance with the customer's request.
2.3. Any modification of the order by the customer after acceptance of the AGRILENE Company will result in the AGRILENE Company not being liable in the event of a change within the deadlines initially provided.
2.4. Any agreement or arrangement made orally between the client and the AGRILENE Company is only valid after written confirmation from the parties.
2.5. In the event of non-payment by the due date of an order delivered to a customer, the AGRILENE Company reserves the right to refuse to honor an order in progress, without the customer being able to claim any compensation or compensation whatsoever.
2.6. In the event of non-payment by the due date of an order delivered by a customer, the AGRILENE Company reserves the right to refuse the acceptance of other orders. This also applies in the event that the client does not present the necessary solvency guarantees accepted by the AGRILENE Company.
Article 3: Retention of title clause
3.1. The products remain the property of AGRILENE until full payment of the price, in accordance with the provisions of articles 2367 to 2372 on the Civil Code as well as articles L624-9 and L624-16 of the Commercial Code.
Article 4: Delivery terms
4.1. Possible delays in delivery of goods due to force majeure do not give the customer the right to cancel the sale or refuse delivery. No damages may be claimed by the customer from AGRILENE.
4.2. When the customer takes physical possession of the goods, the risk of loss or damage is transferred to him. The customer must notify the carrier of any reservation on the goods delivered.
4.3. Concerning the non-conformity between the delivery and the initial order accepted by the AGRILENE Company, the customer may make known any reservations in writing and within a maximum period of 48 hours after said delivery. Otherwise, the delivered goods will be considered as compliant and not contestable.
Article 5: Conformity and guarantee
5.1. The illustrations, brochures and all the information on the AGRILENE Company website do not bind the latter.
5.2. The AGRILENE Company takes the greatest care in its indications concerning the quantities, the quality, and other characteristics relating to its products or services. However, the AGRILENE Company cannot guarantee the absence of divergences in the matter. All the data provided is therefore not binding for AGRILENE in the event of slight variation in color, purity or quality.
5.3. Any guarantees are given by the AGRILENE Company in its technical and safety sheets according to the products.
5.4. Normal wear and tear, non-compliance by the client with the indications, conservation, maintenance or handling carried out indiscriminately by the client, the application of any prescription by the public authorities concerning the nature or quality of the materials used, are excluded from the warranty.
Article 6: Price and Payment Conditions
6.1. The prices indicated by the AGRILENE Company are exclusive of VAT and carriage paid for a delivery of a complete truck, i.e. 24 pallets of 33 bags for Perlite, Vermiculite and GARDEX. In case of lower quantity, transport costs will be applied.
6.2. The regulations must be sent to the registered office of the AGRILENE Company on the due date mentioned on the invoice or directly by transfer to the account of the AGRILENE Company.
6.3. In accordance with the Hamon law of March 19, 2014, payments must be made within a maximum of 45 days, at the end of the month of issue of the invoice, itself issued on the day of delivery of the order.
6.4. A discount of 2% may be applied in the event of a cash payment within 8 days after receipt of the invoice, subject to prior agreement and signatures between the customer and the AGRILENE Company.
6.5. Any delay in settlement will automatically give rise and without any formal notice being necessary for the payment of late penalties on the basis of the ECB rate increased by ten (10) points and the payment of a lump sum indemnity for costs of recovery of an amount of 40 €.
Article 7: Variation of prices
7.1. The applicable prices are those in force on the day of confirmation of the customer's order by AGRILENE.
7.2. AGRILENE may modify its prices at any time and undertakes to inform the customer thereof before the new price scales come into force.
7.3. A change in prices between an order and its delivery may not be applicable to the order previously placed.
7.4. Transport prices in the event of an order, the quantity of which would be less than a complete truck (see article 6.1) may be given by the AGRILENE Company to the customer with each order.
Article 8: Liability
8.1. AGRILENE cannot in any case be held responsible for the consequences of the use of its products if the customer does not comply with the safety data sheets for the said products.
8.2. The AGRILENE Company is not bound by an obligation of result, the customer bearing full responsibility for the use of its products.
8.3. The customer must ensure before any use of the products received that they comply with his order.
8.4. The responsibility of the Company AGRILENE is not engaged for any damage whatsoever in the event that the goods have been sold to a third party by the customer.
8.5. In all cases where the AGRILENE Company is required to pay damages, these are never higher than the amount of the invoice for the goods. If the damage is covered by AGRILENE's professional liability insurance, the damages will never be higher than the amount actually paid by the insurer in the case concerned.
Article 9: Cancellation
9.1. The customer is not authorized to cancel an order placed insofar as said order still fulfills the initial conditions required and accepted by the customer.
9.2. If, however, the order should be canceled by the customer, the latter would be required to compensate the AGRILENE Company for all costs incurred for the purpose of carrying out the said order.
Article 10: Attribution of jurisdiction
10.1. Any dispute will be under the exclusive jurisdiction of the courts of the AGRILENE Company headquarters. This clause of attribution of competence will apply even in the event of summary procedure.
Article 11: Protection of professional data
11.1. AGRILENE will respect its obligations of confidentiality, integrity and security of data that customers may communicate to it.
11.2. The data collected by the AGRILENE Company will only be kept for the time necessary for the performance of its services.
These General Conditions of Sale are those in force from January 1, 2019