GENERAL TERMS & CONDITIONS OF SALE
ARTICLE 1 - Application of the General Terms and Conditions of Sale
1.1 The general terms and conditions of sale outlined below (hereafter known as "General Conditions"), apply to all goods supplied by l’asticot Sarl The General Conditions will be valid for all future transactions with l’asticot Sarl. 1.2 We consider that by placing your order as a Buyer, you have read and accepted our General Conditions without reserve. These General Conditions are the only ones applicable and replace all other conditions, except in the case of express written consent.
1.3 If the buyer wants to cancel an order this must be done in writing and has to be done within 7 days from placing the order.
1.4 If the order is cancelled after 7 days, from placing the order, a cancellation fee of 35% of the orders value will be charged.
1.5 Orders that cannot be delivered due to the lack of payment from previous deliveries, will be considered as an irregular cancellation and handled as described
1.6 L’asticot Sarl reserves the right not to be held responsible for any differences found between any displayed samples and the content of the final delivery, if these differences are not regarded as considerable.
ARTICLE 2 - Prices and fees
2.1 The products sold by l’asticot Sarl. are billed corresponding to prices in the order form. All prices are freight collect and the freight cost will be added to the invoice. Packaging material is free of charge. No handling fees are applied. The price is exclusive of any applicable value added tax or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority.
ARTICLE 3 - Terms and Conditions of Payment
3.1 Upon order placement the Buyer is obliged to pay 30% of the total order to l’asticot Sarl within a period of 30 days unless otherwise agreed on with l’asticot Sarl, the remaining 70% is due prior to delivery unless otherwise agreed upon.
3.2 All other payment conditions varying from general ones will be agreed individually in relation to a credit evaluation.
3.3 In such case as the buyer does not comply with the payment terms, l’asticot Sarl is also not be expected to comply with these payment terms. L’asticot Sarl reserves the right to, with future deliveries, demand cash payment or payment within a shorter period. In such cases l’asticot Sarl can also refuse to send further deliveries. The specifics regarding terms of payment will be on the order confirmation. The order confirmation will be sent to you. 3.4 In case of delayed payment, the cost of 3% will be charged on the commencement of each following month.
3.5 If the customer has an overdue account, l’asticot Sarl cannot guarantee to keep the ordered items in stock for more than 8 days after the payment is due.
ARTICLE 4 - Availability of Products
4.1 Our products are offered while supplies last. In the event that a product is not available after you have placed an order we will inform you as quickly as possible.
ARTICLE 5 - Acceptance and Transfer of Risk
5.1 The delivery items shall be deemed to be sold “ex work”. The risk shall transfer to the Buyer when the item is handed over to the carrier.
ARTICLE 6 - Delivery
6.1 The Buyer must, as of reception, inspect the parcels at delivery. l’asticot Sarl will do its outmost to respect stated delivery times but cannot be held liable for interest and damages because of late delivery and cannot accept the cancellation of an order on that basis.
ARTICLE 7 - Claims
7.1 All claims of missing, broken or defect articles must be made to l’asticot Sarl within ten days of received delivery. Any claim based on the quality of a product must be accompanied by the product itself in its original packaging with the appropriate reference numbers for identification.
ARTICLE 8 - Liability limits
8.1 No liability will be accepted for loss or damages, direct or indirect, whatever the cause. In no case will the Buyer, for any reason, in part or in full, withhold funds from an invoice for an incomplete delivery or for defective goods.
ARTICLE 9 - Ownership of Property
9.1 l’asticot Sarl remains the lawful owner of the goods delivered until the payment is made in full. A promise of payment is not considered full payment until said payment has actually been processed. In no case will the Buyer, for any reason, in part or in full, withhold funds from an invoice for an incomplete delivery or for defective goods.
9.2 Any damage caused while in the possession of the Buyer, should said client not have paid in full, is his responsibility.
9.3 The Client is under no circumstances allowed to deliver merchandise to a third party without the written consent of l’asticot Sarl.
ARTICLE 10 – Confidentiality
10.1 The Buyer will regard as confidential all information obtained by the Buyer relating to the business and/or products of l’asticot Sarl and will not use or disclose to any third party such information without l’asticot Sarl’s prior written consent. This Condition shall survive the termination of the Contract.
ARTICLE 11 – General
11.1 When placing an order the Buyer must advise l’asticot Sarl in writing of any special, legal, administrative or regulatory requirements applying in the territory in which the Buyer is to import, use or sell the goods.
11.2 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.
11.3 l’asticot Sarl reserves the right to cancel orders at any stage prior to delivery to the Buyer if l’asticot Sarl suspects that the Buyer may sell or distribute the goods in a way other than originally agreed upon or intended.
ARTICLE 12 – Governing Law and Dispute Resolution
12.1 Swiss law is applicable to this contract. Disputes arising will be brought before the court exclusively in l’asticot Sarl’s court of residence. If any article is held by a court of competent jurisdiction to be invalid or unenforceable, then all of the remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included.