The seller’s prices are exclusive of tax upon DEPARTURE from our warehouses, unless otherwise specified, for cash payment upon collection or delivery of the goods. Les expéditions seront faites par multiple de conditionnement.
The seller’s prices are those of the last price in effect on the date of actual delivery.
The seller therefore reserves the right to invoice any increase that would occur between the date of the order and the date of delivery. For the reasons stipulated in article 2, the prices announced may then be subject to an exceptional revision which will be brought to the attention of the customer before delivery, by registered letter, as soon as possible and, in any case, from as circumstances permit. The buyer will then have the option of canceling his order by making this explicit within 5 days from the notification of the price, by registered letter sent to the seller.
After this period, the buyer will be deemed to have accepted the new price. The terms of payment, delivery or contract between the buyer and any intermediary are not enforceable against the seller. Delivery is considered complete when the buyer has been notified that the merchandise is ready for shipment or made available. If the buyer does not take delivery of the goods, he remains liable for full payment of the invoice given the highly perishable nature of the product.
Checks, drafts, promissory notes, must be addressed to the seller’s head office, upon receipt of delivery and are only considered as payment after receipt.
Failure to pay for our supplies on the due date will automatically and without the need to give formal notice to the debtor:
1) The liability as a penalty clause of compensation equal to 10% of the amount claimed, in addition to legal interest and possible legal costs. Any amount not paid on the due date automatically bears interest of at least 1.5 times the legal interest rate (law of 12/31/92).
2) The right for the seller to simply cancel pending orders.
The transfer of product ownership is subject to full payment of the price by the customer, in principal and accessories, even if payment terms are granted. However, risk is transferred upon delivery as defined above.
The buyer is authorized, within the framework of the normal operation of his establishment, to resell the delivered goods. But he can neither pledge them, nor transfer ownership as security. In the event of resale, the buyer undertakes to immediately pay the company DOULIERE HAY FRANCE SAS the part of the price remaining due.