Article 1 General Clause:
Our sales are subject to these general conditions which prevail over any purchase condition, unless formally and expressly waived by us.
Article 2 Confidentiality:
The studies, plans, drawings, and documents provided or sent by us remain our property.
Therefore, they cannot be communicated to third parties in any form by the buyer.
Article 3 Formation of the Contract:
All orders must be in written form.
In case of order cancellation for any reason by the Client, the deposit paid by the Client will be retained by the CEFINOX Company as damages.
Article 4 — Price:
Our prices are determined in Euros excluding taxes, ex-works CEFINOX without packaging. They are established based on the raw material rate on the date of the quote and remain valid for a maximum period of one month from that date. Any subsequent order after 1 month will require a price update, if necessary, before acceptance by us. CEFINOX does not offer discounts or rebates to its customers.
Article 5 Payment Conditions:
All our sales are payable 30 days net from the delivery date unless otherwise stated in the quote.
As a penalty clause and in accordance with legal provisions, the buyer will automatically be liable for a late payment penalty, calculated by applying the total remaining sums due, at a legal interest rate of 1.5 times the legal interest rate.
Article 6 Measurements:
During the study, it may be necessary to take measurements on-site as part of the equipment definition. In case of modification of the premises or installations in the buildings due to the Client between the date of taking measurements and the equipment installation, the latter will financially bear the changes to our equipment to adapt it to the new configurations.
Article 7 Delivery and Transportation:
Unless otherwise stated, delivery is deemed to be made by the client at his expense.
It is expressly agreed that the delivery times for the materials as mentioned in the quotes or acknowledgments of any order are indicative only.
Thus, if delivery is delayed for a reason beyond our control, said delivery shall be deemed to have been made on the agreed date, and any delay, whatever the cause, cannot give rise to penalties or damages. Unless otherwise stated, it is the buyer's responsibility to bear the costs and risks of transporting the goods sold, subsequent to the material being made available.
Article 8 Worksite:
Unless otherwise stated, the provision of energy (Electricity, water, compressed air...) and handling means (forklifts, cranes, lifters...) remain the responsibility of the Client on-site.
The connections of our installations to different existing energies are the responsibility of the Client.
Article 9 Compliance Checks:
All our machines are delivered with CE self-certification, in accordance with the regulations in force at the time of sale (unless otherwise requested by the client). Any request for additional verification by an organization will result in billing for the entire service. After delivery of the machine to the Client, any notification demanding additional protections will require the controller to very precisely justify in their report the standard to which they refer. These modifications will be the responsibility of the Client.
Article 10 Prototype, Testing, and Tuning:
For prototypes requiring the implementation of different study phases (preliminary project, project, and execution file), it should be understood that if such a machine were to be studied and then built, the possibility of meeting the defined requirement is not necessarily at the first startup, but after the essential adjustments.
These preliminary tests, which may quickly lead to production, may result in the partial construction of the machine. The cost of these tests can be prohibitive.
The Client must agree to participate in any machine modifications found to be necessary during the tuning.
Article 11 Warranty:
The goods sold are guaranteed against any operating defect resulting from a material, manufacturing, or design defect under the following conditions:
- The material and supply defect must appear within a period of six (6) months from the delivery of the goods sold,
- The manufacturing defect must appear within a period of one (1) year from the delivery of the goods sold (6 months if the goods sold are used in 2 X 8 or 4 months if the goods sold are used in 3 X 8).
And this, for the use of the goods as defined in the user manual from the receipt of the goods sold by the buyer.
The Company "CEFINOX" reserves the right to carry out an expert evaluation of the defective parts of the goods sold; the costs of the expertise are covered by the Company "CEFINOX" if the operating defect is not due to misuse of the goods acquired by the buyer.
Accordingly, said warranty is excluded:
- If the defective material or design comes from the buyer,
- If the operating defect results from intervention on the goods performed without authorization,
- If the defective operation comes from the normal wear of the goods or from negligence or lack of maintenance on the part of the buyer,
- If the defective operation results from force majeure.
Under the warranty, the Company "CEFINOX" will replace free of charge the parts recognized as defective by one of our technicians. The said warranty covers labor costs and those resulting from the following operations: disassembly, reassembly, transport to the site, etc...
The replacement of parts does not extend the duration specified above for this Article.
By express agreement between the parties, the seller's liability resulting from a malfunction of the goods is limited to the previous provisions concerning, in particular, hidden defects and immaterial damages.
Article 12 Retention of Ownership:
We remain the owners of the goods sold until the effective payment of the full price in principal and accessories. The transfer of ownership of the goods sold, in favor of the buyer, will only be carried out after full payment of the price in principal and accessories, even in the event of a payment term. Consequently, the buyer undertakes to take all necessary measures for the proper identification of the goods sold. Any clause to the contrary, especially when inserted in the general conditions of purchase, will be considered null and void.
Article 13 Compliance with Laws:
All materials are delivered according to the regulations in force in the country of origin, and any standard not required in the country of origin will require additional invoicing of the manufacturing costs.
Article 14 Applicable Law and Jurisdiction:
Any disagreement arising from the interpretation or execution of this contract shall be settled amicably between the parties. If they fail to reach an agreement, the Commercial Court of our head office will have sole jurisdiction, even in the event of the introduction of third parties or multiple defendants, or summary proceedings.