1. General
1.1 All sales are subject to the general conditions of contracting for European foundries.
1.2 Placing an order for our goods implies unreserved acceptance of our general conditions of sale.
These conditions of sale take precedence over any conflicting provisions or conditions in any document or written communication that a Dejoie customer may attempt to impose, in particular in its general purchase conditions, unless a waiver has been agreed beforehand in writing and signed by Dejoie and the customer.
If any clause in these general conditions of sale or the waiver should prove to be invalid for any reason whatsoever, only the clause or clauses in question shall be deemed to be invalid and the rest of the agreement shall remain valid.
1.3 Dejoie is not bound by commitments that may be made by its representatives or employees unless it has given written confirmation or a deposit has been paid as agreed in said written confirmation.
2. Orders
2.1 Orders are not accepted until they have been confirmed in writing by the customer. The order is specific to the purchaser and may not be transferred or ceded without the agreement of Dejoie.
2.2 An order may not be cancelled unilaterally by the purchaser for any reason whatsoever. Orders may only be cancelled or modified with prior, express written agreement by Dejoie.
2.3 The purchaser is responsible for providing written proof that he has given Dejoie the final destination of the products.
3. Delivery
3.1 Delivery and transport schedules are given for information only in normal circumstances. Unless formally agreed to the contrary, they do not constitute any commitment on the part of Dejoie. Any delay in delivery may not constitute a reason for cancelling the order and will not entitle the purchaser to claim compensation or interest.
3.2 Dejoie is not liable to ensure delivery in the case of force majeure or events such as: mobilisation, war, total or partial strikes, lock-outs, fire, flooding, interruptions to or delays in transport, lack of raw materials or any other cause hampering the activity of Dejoie or its suppliers or causing total or partial laying off at Dejoie or its suppliers.
3.3 If goods are nonconforming or faulty, complaints should be sent in writing within eight days of receipt.
3.4 All Dejoie goods travel at the risk of the addressee who is responsible for taking action against the transporter if goods are damaged or missing.
3.5 If appropriate, goods can be delivered post-paid if both parties have expressly agreed in writing before dispatch.
The minimum order is € 250 ex VAT.
4. Settlement
4.1 All products supplied by Dejoie are sold under the jurisdiction of Nantes, regardless of the settlement procedure. No change or waiver may be made to this clause. The sole jurisdiction for any litigation is the tribunal for the registered address of Dejoie.
4.2 By express agreement, unless deferment of settlement is requested in time and agreed by Dejoie, if the customer fails to settle the sums payable for the Dejoie supplies by the deadline:
. the total sum due will be payable immediately, regardless of the settlement procedure agreed,
. interest will be payable at one and a half times the official rate, calculated with effect from the date of receipt of a letter sent by Registered Post,
. a penalty of 15% of the outstanding sums, plus any legal fees, will be due.
4.3 In case of late payment, Dejoie may suspend the execution of its contractual obligations or cancel orders being processed with immediate effect, simply by sending notification by Registered Post, without liability and without prejudice to any damages it may claim from the purchaser.
4.4 Unless otherwise stated and expressly agreed by Dejoie and included as a particular condition in the order confirmation, settlement shall be made:
. either early with a discount of 0.4% per month in advance, in which case the VAT payable must be adjusted.
. or 30 days from end of month by cheque, giro transfer or letter of credit.
New customers or customers who have changed their bank will be asked to provide their bank details when they place an order.
5. Price
The prices given in the current pricelist are for information only and may be changed without prior notification to reflect changes in the cost of raw materials, exchange rate fluctuations or any other reason. The current pricelist cancels all previous pricelists.
6. Returned goods
If goods are returned owing to an error that cannot be attributed to Dejoie, a minimum of 10% of the invoiced price for the goods will be charged to cover repackaging, restocking or other costs. In all cases, carriage is payable by the sender.
7. Ownership of goods
Goods remain the property of Dejoie until full payment for the goods has been received. If the goods are sold on or processed, the purchaser agrees a subrogation of claim on goods that he holds over his own debtors and agrees to notify them of the subrogation of claim agreed by him on request by Dejoie amounting to the value of the goods that are still the property of Dejoie.