ORDERS
By accepting our proposals, one also accepts without any reserves the present sales conditions which will prevail over any contrary stipulation figuring on the buyer’s purchase orders, his general purchase conditions or any document from the latter. The fact of not receiving these general sales conditions in the customer’s mother language does not exempt their application. LTB reserves itself the right to change or amend the present general sales conditions without personally informing the customer and without giving the possibility to the latter of claiming any compensation.All orders, even those taken by our agents or representatives, do not engage us until written acceptance from us.Apart from any contrary stipulation from us, our proposals and quotations are valid during a period of one month following their delivery. On receipt of our order confirmation, in absence of any written comment from the customer within24 hours, the order will be considered as firm and definitive by LTB according to the conditions specified in the order confirmation. For any order cancelled within 3 working days after receipt of the order confirmation, LTB reserves the right to invoice 20 % of the total amount of the original order, free of tax.When the goods have to be delivered to controlling offices or institutions, the price request must be accompanied by the conditions of the contract, clauses and conditions to which we have to subscribe. This is mentioned on the quotation. Reception and attendance fees are always chargeable to the customer. The analysis and documents delivered to our customer remain our property. Study fees are determined during the
establishment of the quotation.
PRICE
According to legislation, our prices are indicated Free of Tax. Our prices are firm for a valid period specified on the quotation. We reserve ourselves the right to modify our prices according to our suppliers’ price variations. The price minimum for invoicing is 75 € free of tax.
DELIVERY
All deliveries are subordinated to the signature of the file opening by the director of the company and to the delivery to LTB of the original and of all copies requested in the appendix. For any order with a value equal to or lower than 45.735 €, the delivery costs remain totally chargeable to the buyer regardless of the place of delivery. If the arrangements regarding the delivery are changed, we reserve ourselves the right to invoice additional fees which could result of these changes. Special packaging or express deliveries requested by the receiver remain totally chargeable to the latter. The delivery is reputed to be done in the sellers’ factories or shops. The goods travel at risks and perils of the receiver even in case of a DDU delivery.
PROPRETY RESERVE CLAUSE
In application to the law n° 80-335 of the 12 th of May 1980, the goods sold by us legally remain our property until the complete and final payment of the total sums due by the customer.
PAYMENT CONDITIONS
All sales done to traders are considered as dealt and payable at Clohars-Carnoët (Finistère-France), without any derogation possible to this jurisdiction clause and whatever the payment terms, the place of promise and of delivery. Our invoices are payable cash or by domicialed drafts 30 days end of month without any rebate. The nonpayment of an invoice at term will accrue interest on a base of 1,5 times the overdraft rate of the receiver bank from the date of expiry; judiciary recovery would lead to a 15% increase of the main invoice claimed. When a payment via drafts is agreed upon, the nonpayment of an asset at expiry would lead to the immediate repayability of the amounts due even if they have been accepted as drafts with later expiry. In case of the nonpayment of an invoice we reserve ourselves the right to suspend the delivery of all orders in process or to be processed and to withdraw the payment terms agreed on section 5 of the customer form filled out for the file opening request. We reserve ourselves the right to legally and without any formalities solve the sales of our goods in case of any nonpayment of invoice, eight days after reception of our formal notice with the reminder of the aforesaid determination clause sent by recorded delivery letter. The goods sold remain our property until complete payment of their price. If we take back the latter, all deposits already paid remain vested as damages (section n° 80-335 from 12 th of May 1980). This clause is entirely part of our sales conditions and subordinates any delivery of goods. For certain goods, we reserve ourselves the right to require the payment of a deposit with the order.
DELIVERY
The delivery time is subordinated to the fact that the buyer is up to date with his obligations towards us. The delivery times are given for information only. A delay in the delivery of the goods cannot give right to the claim of any damages. Our contractual obligations are legally and without any formality suspended and our responsibility disengaged in case of events such as : any kind of cessation from work, lock-out, accidents or delays, fire or accidental facts, equipment breakage (in our premises or in our suppliers’ premises), war, riot, indent, authoritarian reduction of importations, delay in the delivery of goods, as well as any circumstance beyond our control and beyond the control of our suppliers which would take place after agreement of the contract and which would prevent its fulfillment in normal conditions.
LITIGATION
In case of any issue on the interpretation or execution of the present conditions, the Commercial Court of Quimper will be the only court competent, even in case of warranty appeal, plural defense and notwithstanding any contrary clause.
GARANTY.
L.T.B. goods have a one year guaranty after date of invoice, with reservation that the fitting is properly done by a qualified fitter. The buyer is responsible for the fitting and commissioning, even if the information, advice and drawings are given by LTB. The guaranty is strictly limited to the replacement in our factory of components recognized as defective by L.T.B. the mounting and dismantling fees, transport fees and different taxes always remain chargeable to the buyer. The guaranty is assured when a maintenance contract is signed between the user and a qualified maintenance company. Are excluded from the guaranty: air filters, V-belts, fuses, plastic components and any repairs due to bad use of our units, bad connections, lack of maintenance, use of inappropriate water for water condensing machines… We cannot be held responsible for any incident which ensue from them. The guaranty benefit would be automatically suspended if the payment terms were not observed by the buyer, or in case of any payment delay or payment incident. The supply of replacement parts on guaranty does not extend the initial duration of the guaranty. This supply is associated to a due form order. At reception of this order, the replacement part will be supplied. The defective component has to imperatively be sent back to us under for weeks carriage paid, for expertise. In case of refusal of guaranty or if the defective part is not
returned in due time, the replacement part will be invoiced.
RECEPTION OF THE G OODS
On receipt of a delivery, unpack the goods in front of the transporter who cannot oppose himself. In case of any damage, note reservations on the transporter’s receipt. These reservations have to specify the nature and the damage; the receiver must confirm these reservations to the transporter within 48 hours by registered letter with recorded delivery and address a copy to the seller.
DATA PROCESSING AND RIGHTS: In application to law nr 78-17 from January 6th 1978 relative to data processing, to files and rights, each customer, has the right to oppose himself (section 26 of the law), to access (sections 34 to 38 of the law) and to rectify (section 36 of the law) the data which concerns him and which were given for the opening of the file.
