Extracts from general terms and conditions
Prices
The prices are set by reference to BOBET MATERIEL rates at the time of the conclusion of the contract and from Champagné, except where otherwise provided. BOBET MATERIEL reserves the right to unilaterally modify these prices in the event of a change of economic circumstances, general development of prices or competition, or their suppliers rate increase until the time of delivery.
The rate of invoice is the one of the date of delivery, exworks, excluding delivery, packaging and insurance costs. Some products are only sold by piece.
Delivery
Unless otherwise agreed, the delivery shall be made exworks (EXW Incoterms CCI 2000) at BOBET MATERIEL head office.
Delivery time
The indicative delivery time is determined by the seller's supply opportunities. The deadline of delivery is the day of departure of the goods from our premises. No compensation or penalty may be required in case of late delivery unless specified otherwise. Transfer of risks : the transfer of risks occurs when the goods leave the store or the premises of the seller, so that the goods travel at the risk of the recipient or receiving agent.
Claims
Any complaint regarding transportation must be reported within 48 hours and notified on the carrier's receipt. Any claim for non-compliance will be done, under penalty of foreclosure, within 5 days from the date of receipt of delivery, while respecting the storage instruction awaiting our instruction.
Transfer of risks
BOBET MATERIEL has to bear all risks of loss or damage the products can undergo until the delivery of those products in compliance with the previous article (EXW Incoterms CCI 2000). From this moment, the risks the products might undergo or cause is transferred to the Customer. In all cases, the goods travel at the risk of the recipient who must check the state of these goods at their arrival. In the event of loss, damage or delay, it is up to the recipient or receiving agent to proceed with proper and adequate assessment, to justify any reservations they may have and, in general, to carry out any action that may be useful in preserving their right of redress and to confirm said reservations by registered letter, failing which no action in warranty can be taken against BOBET MATERIEL or its substitute carriers.
Products
No product may be returned without our prior consent.
This return will be made in respect of the conditions of transport rules, remaining at the buyer's expense. If agreed, supplies, goods or materials will be credited with a possible reduction in the amount charged.
Payment
The invoices are payable in the currency of invoice at BOBET MATERIEL head office and are dated the day of shipment of goods.
As damages and interests, a penalty of 15% of the amount of the invoice with a minimum of 100 Euros shall be calculated.
Reservation concerning ownership
The goods shall remain the seller's property until they are paid for in full. The payment includes the payment of the products, the costs of sale and the interests.
Jurisdictional venue
In the absence of an amicable settlement of a dispute, the jurisdictional venue for any dispute arising in connection with the composition or execution of the order shall be the Commercial Court of the place of BOBET MATERIEL head office, even in the event of summary judgement, multiple defendants or warrantee proceedings. The law applicable is the French law excluding any international convention.