GENERAL CONDITIONS OF SALE
Article 1 – Application of General Terms and Conditions of Sale
Unless specific written agreement is reached ordering implies the full and unqualified acceptance of the Buyer in these General Terms and Conditions of Sale.
These apply to all sales of products and services from our company unless specifically agreed in writing between both parties prior to ordering. Any contrary conditions opposed by the buyer will, therefore, in the absence of written acceptance, be unenforceable on the seller, no matter when it may have been brought to his attention.
The benefit of the order is personal to the buyer and cannot be transferred without the agreement of the seller.
Article 2 – Orders
Quotations are taken on the basis that pieces are custom-made and acceptance is on the responsibility of the buyer.
If the quotations are produced by LithosSphère they are passed on for verification and validation to the buyer who has to verify them and validate them. If there is no request for rectification within forty-eight hours the dimensions are considered as being the ones exactly asked for and validated by the customer.
LithosSphère accepts responsibility in case of error on its part in providing measurements if the article’s measurements are different to those validated by the client. If applicable, the products are exchanged.
The estimate is established on the basis of the quotations made by the buyer or by LithosSphère.
The order is final only when the quote is returned within one month from its shipment, accepted by the customer, dated and signed, accompanied by payment of a deposit, the amount of which is equal to forty percent (40%) of the total amount of the order including taxes.
In case of cancellation of a final order by the buyer before the start of manufacture of a product LithosSphere keeps the deposit paid as a credit.
In case of cancellation of a final order by the buyer after the start of manufacture, the total amount of the agreed order is due as compensation.
Article 3 – Guarantee
3.1 – Legal Guarantee
The legal guarantee shall apply, in particular the guarantee of failure to comply provided for by Articles L.211-1 and subsequent articles of the Consumer Code and the expected warranty of hidden
defects by articles 1641 of the Civil Code. The guarantee for failure to comply is only valid if the buyer has specified a particular feature or use in the order.
3.2 – Visible defects
We exclude all guarantees relating to the external appearance of the product (efflorescence, white marks, intensity and uniformity of colours, stains) that vary from one product to another that lends itself to its own character and originality of each unique piece, the existence of these characteristics the client realises as being its natural condition.
Breakages or missing pieces of the product must be mentioned immediately upon delivery by the buyer (cf article 4 – Delivery).
Regarding the coloured materials LithosSphère guarantees a definitive dye of the product once the buyer has agreed to a sample with the colour requested.
In a case where the guarantee comes into play LithosSphère will act to provide a replacement of the product as soon as possible without the buyer having recourse to compensation or cancellation of the sale.
Article 4 – Delivery
4.1 – Conditions of delivery
The quoted estimated date of delivery may be delayed if drying of the piece is required, without compensation or recourse to cancellation of the sale. Whatever the case the product will only be delivered to the buyer at the end of the drying period and is free from all obligations against the seller, notably of full payment of the price.
If the buyer demands a delivery that does not allow for a necessary drying period no guarantee of any kind whatsoever is due, even if a sample was taken.
Delivery is made in the premises of the seller in handing over the product to the buyer or by delivery via shipping or other means of transport mandated by the buyer.
In this case the buyer or a representative must take delivery of the products within one month following notice of its availability. Once this time has elapsed storage charges will be incurred, based on storage charges at the local depot.
4.2 – Risks
The transfer of risk passes immediately to buyer upon delivery.
In all cases products travel with all risks and dangers to the buyer, even in the case of shipping and handling.
It is beholden to the buyer, in cases of damage or missing goods, to effect all complaints with the carrier.
4.3 – Reception
Without prejudice to be made to the provision of the carrier, vis-à-vis, complaints on apparent defects or the non-conformity of the delivered product against product ordered or the dispatch note, complaints must be sent by registered post with delivery acknowledgement within forty-eight (48) hours of the delivery of the product.
It is beholden of the buyer to provide all justification as to the nature of defects or anomalies found. The seller must be allowed all means to ascertain the defects in order to rectify them. There must be no interfering or involvement of a third party for this purpose and the product must be preserved in a manner so that it cannot be altered. No product may be returned by the buyer without express prior written agreement from LithosSphère. The cost of return will only be undertaken by LithosSphère in the case of an apparent defect for which they are responsible which has been recognised, and is actively found by the latter or their representative.
When, after verification, a defect or non-conformity is apparent and recognised by LithosSphère or its representative the non-conformed articles will be replaced free of charge without the buyer having recourse to compensation or cancelling of the order.
The absence of all reservations within the stated time frame in accordance to the intended conditions having been carried out will be acknowledgment of the absence of all apparent defects and of the perfect conformity of the product for its usage and the prospective specifications of the buyer.
Article 5 – Price
The prices of the products are those stated on the estimate, presented in Euros, tax is not included.
It is understood that it does not include delivery costs, assembly, implementation or assistance, which are services subject to separate estimates.
Article 6 – Conditions of payment
6.1 – Regulations
Unless specially agreed the regulations of the order are subject to the following conditions:
The balance is due upon order at the acceptance of the estimate.
If by way of derogation the delivery of the product takes place before full payment the transfer of ownership of our products are suspended until full payment has been received for all products and accessories.
The merchandise remains the property of the seller until full payment of the price, however the buyer becomes responsible as soon as they are handed over; the transfer of possessions entails its own risks.
Payment of said articles will be considered to have been made when money has been deposited.
6.2 – Late or non-payment
In case of late payment the seller may suspend all current orders, without prejudice to any other course of action.
Any amount not paid by the due date in the bill will lead by rights, from that date, to the application of penalties of an amount equal to one and half times the level of legal interest, and a penalty clause, a sum equal to thirty (30) % of the price including all taxes, without prejudice to other costs and fees for recovery of monies owed.
These penalties are due by means of a simple request by the seller.
Article 7 – Law and attribution of competence.
This contract is subject to French law.
In case of litigation exclusive competence is attributed to Tribunal de commerce de Chaumont, even in the case of interim relief, notwithstanding the plurality of defendants or the warranty claim.