GENERAL TERMS AND CONDITIONS OF SALE
This English version is provided for information purposes only. The French version at sapre.fr/cgv/ prevails in case of any dispute.
Our general terms and conditions of sale apply to all transactions carried out by our company, which the customer accepts without reservation. Placing an order entails their acceptance by the customer. They prevail over any contrary clause from the customer, at any date and in any form whatsoever. They are accepted unconditionally by the customer, who expressly waives any right to rely on any clauses appearing in any document sent with said order.
1 – QUOTATION / OFFER
Only a written offer from SAPRE is valid. SAPRE is committed for a period of one month from the date of said quotation, unless another period is stipulated in the price offer.
If there is no response to a quotation and no further communication from the customer, after a period of 3 months, SAPRE cannot undertake to protect the equipment left on deposit in its workshops and disclaims all liability in the event of its loss or damage. One year after the quotation, the equipment will be considered abandoned by the customer.
2 – ORDER
Any order placed by the customer is only binding on SAPRE once confirmed by SAPRE, and exclusively under the terms of that confirmation (acknowledgement of receipt by e-mail).
3 – PRICES
The prices of goods sold and services provided are those in force on the day the order is placed. They are stated in euros and calculated excluding tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. SAPRE reserves the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order was registered.
4 – CANCELLATION
No cancellation, even partial, of an order may take place without the express agreement of SAPRE.
5 – WARRANTY
Receipt of the equipment by the buyer without written reservations within 48 hours of the products’ arrival extinguishes any claim on the buyer’s part for defects, damage, apparent defects or non-conformity with the order.
In the event of a complaint about delivered parts, SAPRE reserves the right to examine them, with shipping costs borne by SAPRE if the parts are non-conforming.
The equipment is guaranteed for one year, parts and labour, against any manufacturing defect, for equipment returned to Aix-en-Provence carriage paid, including packaging and insurance. This warranty does not cover normal wear and tear, nor the consequences of incorrect or negligent use, and cannot be invoked by the user to carry out normal maintenance of the equipment. The warranty is strictly limited to the repair of the equipment. SAPRE cannot under any circumstances be held liable for the direct or indirect consequences of the use of this equipment.
The equipment is returned with a calibration certificate valid for one year. This certificate is the only document provided by SAPRE. It cannot include additional information at the customer’s request, and SAPRE will not issue any other certificate.
6 – FORCE MAJEURE
All registered orders are subject to a reservation authorising SAPRE to suspend its commitments, without compensation, in the following cases: strikes, lock-outs, fire, bad weather and any other case of force majeure occurring at SAPRE or at its own suppliers.
7 – INTELLECTUAL PROPERTY – INDUSTRIAL PROPERTY
SAPRE retains full intellectual property rights over all its equipment, projects, studies and, more generally, any documents of any kind sent to its customers. They may not be communicated, executed or used in any way without its written authorisation.
Ownership of the equipment sold by SAPRE is only transferred after full payment of the sums due for the order.
8 – MANUFACTURING AND DELIVERY TIMES
Delivery times run from the date of order confirmation by SAPRE and from the date on which the equipment was received by SAPRE.
Our delivery times are given for information only, and any delay does not entitle the customer to cancel the order, refuse the goods on delivery or claim damages.
9 – DELIVERY AND STORAGE CONDITIONS
Shipping is at the customer’s expense. Goods, even when shipped carriage paid, always travel at the recipient’s risk. In the event of damage, loss or theft during transport, or of late delivery, it is the recipient’s responsibility to take any action against the carriers by registered letter with acknowledgement of receipt, with a copy to SAPRE, within a maximum of 48 hours, after having entered reservations on the consignment note.
If goods are collected more than one week late, SAPRE reserves the right to consider said goods as collected and to invoice them. Uncollected goods remain in our premises at the buyer’s risk.
10 – PAYMENT TERMS – REFERENCE PERIOD
Invoices are payable at SAPRE’s registered office. Payments are made net, without discount, within the period and under the payment terms indicated on the invoice.
Where a payment period is granted under special conditions, sums not paid by the agreed due dates will bear interest from the day after the payment date shown on the invoice, without the need for formal notice, at five times the legal interest rate, any month started being due in full, in accordance with article L 441-6 of the French Commercial Code.
Failure to pay an invoice by its due date, in full or in part, makes a penalty of 15% of the unpaid amount immediately payable as a lump-sum indemnity, with a minimum penalty of €200.
Non-payment of a single invoice by its due date automatically makes the balance due on all other invoices immediately payable, even if not yet due.
Finally, in the event of late payment, we reserve the right to suspend or cancel current orders, without prejudice to any other remedy. If, on a previous order, the buyer failed to meet any of its obligations (default or late payment, non-return of loaned equipment), a sale may be refused unless the buyer provides satisfactory guarantees or pays with the order.
11 – CUSTOMER’S PURCHASING CONDITIONS
Unless expressly accepted in writing by SAPRE, any clauses appearing on the customer’s purchase orders neither cancel nor modify these terms and conditions of sale.
12 – DATA PROTECTION
Information collected in the course of our business relationship is processed electronically. To handle your quotation requests and fulfil your purchase orders, we collect and record personal data: identity (surname, first name), telephone number, e-mail address, company, postal addresses and business sector.
This data is collected either during your quotation requests (by e-mail, telephone or the request forms on our website) or from public sources (Trade and Companies Register, credit agencies, telephone directories, websites, etc.). Postal addresses, identity data and telephone numbers may be passed on to the transport companies we work with to fulfil your purchase orders.
In accordance with the French Data Protection Act (“Informatique et Libertés”) of 6 January 1978, you have the right to access and rectify the information concerning you. To exercise this right and obtain the information concerning you, please contact SAPRE customer service by e-mail at contact@sapre.fr or by post at: SAPRE, TECHINDUS – BAT A, ZI LES MILLES, 645 Rue Mayor de Montricher, 13290 AIX-EN-PROVENCE, France.
13 – JURISDICTION
In the event of a dispute, the Court with jurisdiction over SAPRE’s registered office shall have sole jurisdiction, even in the event of third-party warranty claims or multiple defendants, and notwithstanding any clause to the contrary in the customer’s purchasing conditions.
14 – UNIQUE IDENTIFIER (IDU)
The unique identifier FR003128_05J1PP, attesting to registration in the register of producers of the EEE (electrical and electronic equipment) sector pursuant to article L.541-10-13 of the French Environmental Code, was assigned by ADEME to SAPRE (SIRET 572 180 099 00036). This identifier certifies SAPRE’s compliance with its obligation to register in the register of producers of Electrical and Electronic Equipment and to file its declarations of products placed on the market with ecosystem.
