Terms of salesFrench subsidiary of Fireco, manufacturer of pneumatic and mechanical telescopic masts for over 40 years. The applications of our equipment are diverse. Our masts are used for security, surveillance, photography, telecommunications, lighting and the environment. With more than 800 masts in our catalog, we are constantly developing new masts combining new technologies and robustness and relying on quality products. Euromast is also high pressure kits dedicated to fire safety and aluminum curtains for vehicles.
TERMS OF SALES
These general conditions of sale apply to all sales linked to the site www.euromast.fr, goods, products, materials, accessories, spare parts, (hereinafter referred to as "the Goods") to all customers, buyers and/or distributors (hereinafter "the buyer"), notwithstanding any clauses to the contrary which may appear in the special conditions or the general conditions of purchase of the buyer. It can only derogate from it by express and written agreement appearing in the acceptance of order emanating from a duly authorized representative of EUROMAST. Representatives are not qualified to waive or modify these general conditions of sale.
1.1. Orders on the site www.euromast.fr – site property of the company EUROMAST are deemed accepted by EUROMAST only after receipt of an order form from the Purchaser. The commitments made by EUROMAST are valid only on the date of written confirmation of the order by EUROMAST and at the latest on the date of establishment of the invoice by EUROMAST.
1.2. The contract is perfect with regard to the Buyer and binds him from the date on which he signed the purchase order form. Any subsequent termination by the Buyer of his order shall give rise to a fixed indemnity equal to three percent (3%) of the amount of the order, without prejudice to any other recourse.
1. 3. The catalogues, prospectuses, technical documentation, prices and any information communicated to the Buyer are given for information only, EUROMAST not being bound by the specifications appearing on the said documents. Any modifications to the goods and documents referred to above may be made by EUROMAST: (l) without prior notice, (ll) without giving rise to a claim on the part of the Buyer and (lll) without obligation for EUROMAST to make the same changes to goods ordered previously or subsequently. 1.4. No return of goods will be authorized without prior written agreement from EUROMAST management.
2.1. The delivery times provided for in the order forms and accepted by EUROMAST are only indicative and only begin to run from the date of final acceptance by EUROMAST of the Buyer's order.
2.2. Any possible delay due to EUROMAST cannot authorize the Buyer to cancel his order, refuse delivery of the Goods, suspend or delay payments and/or claim damages or reimbursement of costs or late penalties of any kind. whether it be.
2.3. In the event of a delay exceeding three months from a summons to deliver goods sent by the Purchaser by letter with acknowledgment of receipt to EUROMAST which has remained without effect, the Purchaser has the right to request the termination of the order. , without any right to any damages whatsoever.
2.4. www.euromast.fr – site owned by the company EUROMAST, is released from the obligation to deliver and more generally from its obligations and cannot be held responsible for delays in delivery or the direct and/or indirect damage which would result therefrom, from the occurrence of any fortuitous event or force majeure, such as in particular act of any civil or military authority, act of law, war, mobilization, revolt, total or partial strike, fire or flood, machine breakdown, accidents, riots, interruption or delay, means of transport, made by any third party including the Buyer or any other circumstance having an external cause and preventing it directly or through its suppliers from meeting its obligation.
2.5. www.euromast.fr – site owned by the company EUROMAST cannot be held responsible for the non-respect by its suppliers of their obligations towards it.
2.6. In the event of late delivery due to the Buyer, payment for the goods is due from the date of availability of the goods notified to the Buyer by EUROMAST.
3.1. Delivery takes place from the FIRECO factory in Italy and/or from our EUROMAST warehouse and constitutes acceptance of the delivery. The risk of transport is the responsibility of the Buyer, excluding any liability of www.euromast.fr – site owned by EUROMAST. Consequently, it is up to the Buyer to cover his liability from the moment of the order by insurance against the risk that the Goods may incur during transport, www.euromast.fr – site owned by the company EUROMAST only carries out the dispatch and operations incidental to transport as the Buyer's agent at the risk and peril of the latter without such operations being able to confer on www.euromast.fr – site property of the company EUROMAST the quality of freight forwarder or carrier. In the event of loss, damage or delay, the Buyer must exercise his recourse against the carrier.
3.2. The Buyer must carry out, upon delivery of the Goods, any inspection and verification necessary to enable him to ensure that they comply with his order and that their condition is satisfactory. He must make, if necessary, the necessary reservations with regard to the carrier in the first place upon receipt of the equipment, and EUROMAST by registered letter with acknowledgment of receipt, posted within a period of (3) days. (not including public holidays and Sundays) following delivery of the Goods. However, if the defect could not be discovered during the inspection referred to above, the complaint must be sent in the same forms, within three (3) days of the discovery of the said defect. In the absence of such complaints, the Goods are considered to be delivered in good condition and the Buyer is deemed to have waived all complaints and cannot rely on the defects and apparent defects of the Goods.
4.1. The rates www.euromast.fr – site property of the company EUROMAST are communicated simultaneously with the present general conditions of sale. The selling prices of the Goods are those of the tariffs of www.euromast.fr– site property of the EUROMAST company in force on the date of acceptance of the order by EUROMAST in the event that it is established, or on the date of invoicing. The prices are given for information only and may be modified according to economic variations that may occur during the order such as increase in raw materials, imported products, increases relating to the Goods delivered, increase in customs duties and other royalties as well as transport rates both in the country of origin of the goods and those practiced on French territory. Any increases resulting from these variations after the price fixing date are borne by the Purchaser.
4.2. Unless otherwise agreed in writing, EUROMAST's prices are understood to be net, leaving the offices or warehouses, excluding taxes; the cost of packaging, packaging and transport costs are extra.
5.1. Our invoices are payable at the head office of www.euromast.fr – site property of the company EUROMAST, whatever the mode of payment, the issuance of drafts, bill of exchange, postage paid, (etc.) not allowing any derogation from the place of payment.
5.2. Orders are paid in cash. For Buyers who have opened an account with EUROMAST (unless EUROMAST applies article 5.3 below) payments are made by check or draft within sixty days of the invoice date or 45 days from the end of the month, Law no. 2008-776 of August 4, 2008, Article L442-6 of the Commercial Code.
5.3. EUROMAST reserves the right not to deal with Buyers who do not have sufficient solvency. It may also request, if it deems it useful, payment guarantees from the Purchaser, in the absence of such guarantees, EUROMAST would then be released from its commitments. In addition, the opening of an account can only be done in the case where the first order equals at least 3900 euro HT
5.4. Any delay in payment entails automatically and without prior formal notice, from the due date, the payment by the buyer of late payment interest at the Bank of France discount rate increased by two points. year, calculated monthly and capitalized annually, without prejudice to the application of the retention of title clause below. In the event of late payment of the price on the agreed due date and fifteen (15) days after the formal notice by simple registered letter with request for acknowledgment of receipt remained unsuccessful, EUROMAST also reserves the right to suspend or terminate full right to pending orders, technical or commercial assistance, and all deliveries whatsoever, without prejudice to any other recourse. EUROMAST will require, in the event of default by the customer, compensation equal to at most 8% of the capital due. If EUROMAST does not demand the immediate repayment of the outstanding capital, it may demand, in addition to the payment of the unpaid due installments, an indemnity equal to 8% of the said installments. However, in the event that it accepts postponements of maturities, the rate of compensation will be reduced to 2% of the postponed maturities.
5.5. Verification of the EUROMAST invoice by the Purchaser does not justify a suspension of payments.
5.6. Shipping costs remain the responsibility of the Buyer and are based on the weight and volume of the Goods shipped.
RETENTION OF TITLE
6.1. The Goods delivered by www.euromast.fr – site owned by the company EUROMAST remain its property until receipt by it of the full agreed price. The payment of the price means its actual collection and does not result from the simple delivery of a draft or any title creating an obligation to pay. However, upon delivery of the goods, all related risks are borne by the Buyer. In the event that the Buyer resells these goods before full payment, the Buyer must pay upon resale the full price remaining due. During the term of the retention of title clause, the Buyer undertakes not to alter the identification procedures for the Goods.
6.2. If the Buyer fails to comply with his obligations, and in particular if the price of the Goods is not paid on an agreed date, the sale is automatically terminated, if it seems www.euromast.fr – site owned by the company EUROMAST by sending a registered letter with acknowledgment of receipt, EUROMAST having the option of immediately repossessing the Goods, without any warning, wherever they are located and at the expense and Buyer's risk. The Purchaser authorizes the representatives of EUROMAST to enter the Purchaser's buildings during working hours to repossess the Goods, any sum paid to EUROMAST remains acquired and charged successively to the difference in market value of the Goods taken back. then on other debts not paid to EUROMAST, without prejudice to any other damages and interests that EUROMAST may require from the Purchaser.
6.3. The Buyer is required to insure the Goods against all risks for a sum equal to the selling price per www.euromast.fr– site property of the company EUROMAST and this from their delivery and until the payment of their price. Whenever the Buyer is entitled to any indemnity under this insurance contract. The Subrogated Buyer www.euromast.fr– site property of the company EUROMAST in its rights, the latter being authorized to be directly given all the allowances.
www.euromast.fr – site owned by the company EUROMAST guarantees the Goods under the conditions defined for each of the Goods. EUROMAST provides before any order on request of the Buyer, all specifications relating to the duration of the warranty of the Goods ordered. In any case, the EUROMAST guarantee is exercised under the following conditions:
7.1. The guarantee of www.euromast.fr– site owned by the company EUROMAST only plays for the returned Goods accompanied by their purchase invoices. Likewise, are excluded from the guarantee of www.euromast.fr – site property of the company EUROMAST any damage caused by improper installation, abnormal use, improper maintenance, falls of Goods, or resulting from repairs or modifications made by the Buyer and not authorized by EUROMAST, negligence of the Buyer, its agents, servants or any third parties, a removal of the seals affixed to the Goods.
7.2. In the event that a hidden defect is revealed, the Buyer must immediately notify www.mat-telescopic.eu – site property of the company EUROMAST in writing by a detailed note describing the circumstances in which he became aware of it and this at the latest within eight (8) days of its discovery, failing which he loses his right to any guarantee.
7.3. Under this warranty, www.euromast.fr – site property of the company EUROMAST can only be held responsible, at its option, for the repair or replacement in its Workshops of the part of the Goods whose defect has been confirmed by EUROMAST, excluding the repair of any other harm or damage. In particular and without limitation, EUROMAST cannot be held liable for material or direct bodily injury, or indirect and/or unforeseeable damage resulting in particular from the deprivation of use of the Goods, including during the repair period, suffered by the Buyer, its employees, appointed agents, customers or any other third party. Parts exchanged under this warranty remain the property of EUROMAST.
7.4. Also excluded from the warranty are normal maintenance services such as adjustment or replacement of "maintenance supplies" (including motors, magnetic heads, belts, rollers, pressure, seal, pulleys, batteries) carried out from time to time. such maintenance services and/or as a result of normal deterioration due to wear and tear.
7.5. Under the warranty, the cost of returning goods to www.euromast.fr– site property of the company EUROMAST remain the responsibility of the Buyer, the costs of labor and shipping from EUROMAST to the Buyer remain the responsibility of EUROMAST. 7.6. Under no circumstances may EUROMAST be held liable for damage resulting from faulty assembly or installation of the Goods carried out either by EUROMAST or by subcontractors usually working for EUROMAST.
AFTER SALES SERVICE
8.1. www.euromast.fr – site owned by the company EUROMAST declines all responsibility for devices arriving at the after-sales service without packaging.
8.2. Repairs are payable in cash upon receipt of the equipment.
8.3. Any repair carried out for a fee is guaranteed for 2 months from the invoice date, this guarantee applies exclusively to the repair itself (and not to the entire device). The warranty will only apply if the defect does not come from improper installation, negligence or modification attributable to the Buyer.
8.4. Requests for free repairs (see 7. GUARANTEES)
8.5. EUROMAST can in no way be held responsible for the degradation of equipment not recovered 6 months after the provision of the repaired equipment, date of provision being taken as proof.
8.6. Storage costs will be invoiced at the fixed price of 15 euros excluding tax per week after this period (date of the letter being taken as proof).
8.7. The customer is informed of the price of the service requested by EUROMAST, and more generally of the rates and conditions of sale of the company and of which he has been informed.
8.8. The customer declares to waive the parts and elements replaced unless otherwise indicated prior to the repair.
8.9. All quotes not being followed by repairs are invoiced at 15 euros excluding tax.
All disputes of any nature whatsoever, under these general conditions of sale, are the exclusive jurisdiction of the competent courts of the registered office of www.euromast.fr– site owned by the company EUROMAST, even in the event of multiple defendants, warranty claims, incidental claims and all other actions, regardless of the terms and place of payment or delivery.