Home page General terms and conditions of sales General terms and conditions of sales The following General Terms and Conditions of Sale (GTS) apply to any order of Product(s) placed 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.EXECUTION: 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 Instructions 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 written approval by the Seller. Extended interruptions of the telecommunications networks, in particular of the Seller and all cases of force majeure as defined in Article 1218 of the French Civil Code, retained by the French courts, 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.DELIVERY: The Products travel at Buyer's risk as soon as they are available at Seller's plant unless a specific Incoterm is specified. Unless expressly agreed otherwise, 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 an indemnity. Storage fees may be charged in case of late delivery caused by the Buyer.PRICES: 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 invoiced as management fees for any order less than or equal to 500 eurosPAYMENT TERMS: Payments are made on the due dates and according to the terms of the invoice. In the event of late payment, the terms due and not paid shall automatically bear 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 collection costs equal to that incurred by the Seller or, in any event, not less than the lump-sum indemnity provided for by law. Under no circumstances may the payment of invoices be withheld. The Seller shall reserve the right to suspend the execution of its own duties until full payment of the outstanding sums.RESERVE OF OWNERSHIP: 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 ownership, custody and/or use of the Products.WARRANTY: The Seller undertakes to remedy, within 1 year from the date of delivery, any defect in the operation of the Products resulting exclusively from a defect in design or manufacture. Seller makes no warranty as to 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. If the Seller acknowledges that the Products are not in conformity, its obligation shall be limited to the replacement of the Products to the exclusion of any damages. No return will be accepted without the prior written consent of the Seller, who will set the conditions thereof.LIABILITY: The Seller shall not be liable if the MARECHAL® or TECHNOR® Products have been connected or associated with devices or spare parts of different brands, or if the storage, use, installation or maintenance of the Products does not comply with the rules of art and the Instructions Sheet of the said Products. The liability of the Seller is strictly limited to the amount of the order, regardless of the cause, object or basis of the claim.DATA POLICY: Buyer’s information collected by the Seller are considered and processed as confidential data, in respect with the Seller’s policy of personal data protection.APPLICABLE LAW: The applicable law is French law, excluding, where appropriate, the Vienna Convention on the International Sale of Goods. Any dispute is the exclusive jurisdiction of the Commercial Court of Créteil including in cases of multiple defendants or warranty claims.