GENERAL TERMS OF SALE
PIERCAN SAS

Update January 2016

 


1. PREAMBLE
Any firm order that has been expressly accepted by our company implies for the buyer the acceptance of these general conditions of sale to the exclusion of all other provisions, in particular our customers' general conditions of purchase.


2. OFFERS
Only written and referenced offers may be binding on the company PIERCAN.


3. ORDERS
Processing costs of € 35 excluding VAT shall be invoiced for any order of less than € 100 excluding VAT. Orders for specific gloves and sleeves (not appearing in the catalog), are submitted to specific prices and rules, including a positive tolerance on quantity of 5 pairs for the gloves/sleeves and 3 pieces for the technical parts.
Samples for specific products will be invoiced and reimbursed on the first order of minimum 10 pairs of gloves/sleeves or 10 technical parts.


4. PRICE
The company PIERCAN makes its price list available to customers and forwards them upon request. The prices are always indicated excluding VAT. The prices are updated on 1 January of each year. Price adjustments may be decided if raw material prices rise significantly during a year in progress.


5. DELIVERIES
Unless stipulated otherwise, the supplier's prices are understood to be goods ex factory. Express shipping costs are payable by the buyer and are indicated on quotation and order acknowledgements upon request only, unless due to lateness ascribable to the company PIERCAN. The goods always travel at the consignee's risks. Pick ups of the goods are to be made at the factory : PIERCAN, ZI HUPPAIN, IMPASSE DES MACAREUX, 14520 PORT EN BESSIN, FRANCE.


6. RESPONSIBILITY AND LIABILITY
There shall be no return of goods without prior notification and express acceptance by PIERCAN. No return of goods shall be accepted if the products comply with the specifications and tolerances applicable to these. Gloves must be returned in their original packaging and flat in the case of drybox gloves.
No complaint shall be taken into consideration more than 15 days after the date of reception.
In the event of a delivery of products not in compliance with the order specifications, the vendor's liability is strictly limited to the obligation to replace the defective goods and excludes all damages.
Under no circumstances shall the contractual liability of the company PIERCAN be incurred and the buyer shall not be entitled to claim any damages in the event of late delivery.
PIERCAN technical advices concerning the compatibility of elastomers with chemical products is based on technical documentation and do not bind PIERCAN in any way.


7. FORCE MAJEURE
All recorded orders comprise a reservation authorising the supplier to suspend, without indemnity, commitments made in the following cases: strikes, lockout, fires, storms and other cases of force majeure affecting the supplier or its own suppliers.


8. PAYMENT
The invoices are payable at the supplier's head office. Generally, the payment shall be by bank transfer or by accepted bill. The payment is deemed made as of the moment when the funds are fully accessible to the supplier, that is to say when the supplier's bank account is definitively credited or when the cash payment is made.
When payment by bill of exchange or commercial paper has been agreed, this must be returned with acceptance within one week at the most of receipt. In the case of an extension of a bill of exchange, the costs and interest resulting from this extension are payable by the buyer.
The terms of payment are indicated on our quotations, order acknowledgements and invoices.
By express agreement, the non-payment of our supplies on the fixed due date shall lead as of right:
- to the suspension of our deliveries,
- the immediate payability of all sums due,
- penalties for late payment based on a rate equal to 3.5 times the legal interest rate (article L.441-6 of the Code of Commerce),
- the payment of a fixed indemnity of 10% of the amount due, as a penalty.


9. RESERVATION OF OWNERSHIP CLAUSE
Any order placed with our company implies the acceptance by the customer of the reservation of ownership clause in compliance with the provisions of article L.621-122 of the Code of Commerce: the goods supplied shall remain the property of the supplier until their full payment. In the event that the payment is not made within the specified deadline, the supplier reserves the right to physically take back the delivered object wherever it may be and whoever may be holding it.
In the case of resale of the goods before their full payment to the company PIERCAN, the customer undertakes to inform the sub-buyer of the reservation of ownership clause applicable to it.


10. JURIDICTION
For any dispute, whatever may be the type, relating to a sale by the company PIERCAN, and notwithstandng any contrary stipulations, the commercial court of the seller's head office shall be the sole competent. For goods intended for export, French law is applicable.