General terms and Conditions of Sales
By placing an order with the Seller, the Purchaser, who acknowledges being a professional in the trade, use, installation, or maintenance of 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 manuals. Only orders confirmed by an order acknowledgement (OA) sent by the Seller shall be deemed accepted, including where the Seller and the Purchaser have previously agreed on a specific drawing or technical instruction. Orders confirmed by OA cannot be modified or cancelled unless agreed by both parties. Any alternative ordering arrangements must be the subject of an agreement signed by the Parties. Any event qualifying as force majeure under the applicable law, shall relieve the Seller of the obligation to make the Products available under the terms of the OA. These terms will be redefined after the said events have ceased.
Unless otherwise stipulated in the OA, the Products are loaded and shall be transported at the Purchaser’s risk as soon as they are made available to the Purchaser at the Seller’s plant. Unless otherwise stipulated in the OA, delivery times are given only as an estimate. The Purchaser 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 Purchaser.
The prices stated in quotations are given for information only. Only an order confirmation by OA shall bind the Seller as to 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 500 euros or less.
Payments shall be due in accordance with 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 refinancing rate of the European Central Bank plus 10 percentage points, in accordance with applicable law. In addition, the Purchaser shall be liable for compensation for recovery costs incurred by the Seller, which shall not be less than the minimum amount provided for by law. Under no circumstances may the payment of invoices be withheld. The Seller reserves the right to suspend performance of its obligations until full payment of all sums due by the Purchaser has been received.
Title to the Products shall pass only upon full payment of the sums due under the invoices. As of their delivery, the Purchaser assumes all risks related to the possession, custody and/or use of the Products.
For a period of one year from the date of invoice, the Seller undertakes, at its discretion, to repair or replace any Product affected by a design or manufacturing defect arising under normal use in strict compliance with the instructions. This warranty is exclusive of any other remedy, including damages and any implied warranties. The Seller gives no warranty as to the suitability of the Products for any specific performance objectives set by the Purchaser. No Product may be returned without the Seller’s prior written consent, which shall determine the applicable conditions.
The Seller shall not be liable and no warranty shall apply if the Purchaser or any third party has altered the Product, including its marking or labelling, or if the storage, use, installation or maintenance of the Products does not comply with applicable standards and the Product instructions. Furthermore, the Seller shall not be liable, and the CE marking shall be rendered invalid, where MARECHAL® products are used in combination with equipment or spare parts from other brands. In all circumstances, the Seller’s liability shall be strictly limited to the net amount (excluding taxes) of the Products concerned by the order, regardless of the cause, subject matter or legal basis of the claim. Under no circumstances shall the Seller be liable for any indirect or consequential loss suffered by the Purchaser, including, but not limited to, loss of business, production or profit.
Personal data collected by the Seller in connection with the order shall be processed as confidential data, in accordance with the Marechal Electric Group’s privacy policy as published on its website (www.marechal.com).
This contract shall be governed by the laws and regulations of France and the European Union. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any dispute shall fall within the exclusive jurisdiction of the Commercial Court of Créteil (France), including in cases involving multiple defendants or thirdparty proceedings.