By placing an order with the Seller, the Buyer, who acknowledges being a professional in the trade, use, installation, or maintenance of low voltage electrical equipment, also acknowledges having been fully informed of the prices, characteristics of the Products, their installation, use, and maintenance instructions as they may appear in their instruction sheet. Only orders confirmed by an acknowledgement of receipt (AR) sent by the Seller shall be deemed accepted. Orders confirmed by AR cannot be modified or cancelled unless agreed between the parties. Any other form of order must be the subject of an agreement signed by the Parties. The execution of orders that may require a drawing or a specific technical instruction are deemed accepted only after the sending of an AR by the Seller. Any event qualifying as force majeure under the applicable law, shall relieve the Seller of the duty to make the Products available under the terms of the AR. These terms will be redefined after the said events have disappeared.
The following General Terms and Conditions of Sale (GTS) apply to any order of Product(s) placed by a buyer (Buyer) with MARECHAL Electric SAS, (Seller). They represent the only applicable terms and conditions of the contract, except for other terms and conditions proposed by the Buyer and expressly accepted in writing by the Seller. Any waiver by the Seller of one or more of the terms and conditions contained in these GTS shall not affect the validity of the other terms and conditions contained herein, which, by express agreement, shall remain applicable.
Unless otherwise stipulated in the AR, the Products are loaded and travel at Buyer’s risk as soon as they are made available to the Buyer at the Seller’s plant. Unless otherwise stipulated in the AR, delivery times are given only as an estimate. The Buyer may not use a delay in delivery to cancel the sale, refuse the Products or claim compensation.Costs, including storage fees, may be charged in case of late delivery caused by the Buyer.
The prices on the offers are given for information only. Only a confirmation of order by AR binds the Seller on the price. The price is for Products in standard packaging. Delivery, certification, or specific packaging costs will be charged in addition. An additional flat-rate amount will be charged as management fees for any order equal to or less than 500 euros
The prices on the offers are given for information only. Only a confirmation of order by AR binds the Seller on the price. The price is for Products in standard packaging. Delivery, certification, or specific packaging costs will be charged in addition. An additional flat-rate amount will be charged as management fees for any order equal to or less than 500 euros
Payments are made on the due dates and according to the terms of the invoice. In the event of late payment, the amounts due and not paid shall automatically accrue interest, without prior notice, at the interest rate applied by the European Central Bank to its refinancing operation closest to the date of the invoice increased by 10 percentage points, in accordance with the provisions of the law. In addition, the Buyer shall be liable for an indemnity for the collection costs incurred by the Seller which, in any event, shall not amount less than the lump-sum indemnity provided for by law. Under no circumstances may the payment of invoices be withheld. The Seller reserves the right to suspend the execution of its own obligations for any order placed by the Buyer until full payment of any outstanding sums.
The property transfer of the Products sold will only be completed after full payment of the sums due under the invoices. As of their delivery, the Buyer assumes all risks related to the possession, custody and/or use of the Products.
For one year from the date of invoice, the Seller undertakes to repair or replace, at its discretion, any Product that is affected by a design or manufacturing when used in strict accordance with the instructions in the instruction sheet. This warranty is exclusive of any other remedy, including damages. The Seller provides no warranty regarding the ability of the Products to achieve the performance that Buyer has set for itself unless such performance has been accepted in writing by Seller. No return of the Product will be accepted without the prior written consent of the Seller, who will determine the conditions thereof.
The Seller disclaims all liability, and no warranty can be invoked if the Buyer or a third party has altered the Product, including its marking or labeling, or if the storage, use, installation or maintenance of the Products does not comply with the applicable standards, and the instruction sheet of the said Product. The liability of the Seller is strictly limited to the amount of the Products in the related order, excluding tax, regardless of the cause, object, or basis of the claim. In no circumstance, the Seller shall be liable for indirect, immaterial, consequential losses potentially suffered by the Buyer, such as but not limited to loss of business, production or profit.
Buyer’s information collected by the Seller are considered and processed as confidential data for the only purpose of processing the order, in respect of the Seller’s privacy policy as published on its website (www.marechal.com ).
The applicable law is the law of France, excluding, where appropriate, the Vienna Convention on the International Sale of Goods. Any dispute is the exclusive jurisdiction of the Commercial Court of Créteil (France) including in the event of multiple defendants or warranty claims.