Terms of sale
Terms of Sales
Preamble
0.1 BRS-Engineering is a sub-part of BRS-Tech / Florent Broise EI, in micro-enterprise status.
0.2 These general terms and conditions of sale and trade (hereinafter referred to as “GTC”) apply to all contracts for the supply of products and services relating to the production of individually manufactured parts (in other words, elements that cannot be broken down into elements smaller in the literal sense) from metals, polymers or other materials that BRS-Tech supplies
Clause 1: Object
1.1 The general conditions of sale described below detail the rights and obligations of the company BRS-TECH and its customer in connection with the sale of the following goods: Thermoplastic prints.
1.2 Any service performed by BRS-Tech therefore implies the purchaser's unreserved acceptance of these general terms and conditions of sale.
Clause 2: Contract
1.1 A contract will not be concluded if the request of the contractor relates to the production of weapons, parts of weapons or other prohibited products / materials and the customer has not contacted BRS-Tech separately about this. If BRS-Tech becomes aware of this only during the production process, production will be immediately stopped. In such cases, the customer will not be entitled to delivery of the product and BRS-Tech will seek to recover all costs incurred.
Clause 3: Price
3.1 The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Prices on quotation/invoice do not include VAT due to the Micro-entrepreneurial nature of BRS-Tech
3.2 The BRS-Tech company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
3.3 Prices are ex works plus freight. In the case of shipments outside the euro zone, taxes, customs, insurance premiums and other external costs, unless otherwise indicated in the order confirmation, will be added to the billing.
3.4 Furthermore, BRS-Tech reserves the right to increase the agreed price for order quantities still awaiting delivery due to changes in the raw material and/or economic situation or circumstances where production and/or the purchase of the product in question is considerably more expensive than at the time of the price agreements. In such cases, the company may cancel any order affected by the price increase within four (4) weeks of notification.
3.5 Furthermore, BRS-Tech is entitled to increase the previously agreed price if the delivery time is subsequently delayed for one of the reasons mentioned, if the material or production method is changed due to documentation and / or instructions given to BRS-Tech by the company did not correspond to the actual circumstances or was incomplete or if BRS-Tech does not receive the information necessary for the execution of the order in time or if the company subsequently modifies them by mutual agreement with BRS-Tech and thus leads to a delay in delivery.
3.6 If BRS-Tech is informed of circumstances which, in its opinion, are likely to affect the solvency of the company, BRS-Tech is entitled to refuse deliveries in progress or to carry them out only with advance payment or the provision of another guarantee. In such cases, BRS-Tech is also entitled to consider all claims due and payable under the current business relationship with the company, which are not subject to the limitation period.
Clause 4: Discounts and rebates
4.1 The proposed prices include the discounts and rebates that the BRS-Tech company would have to grant taking into account its results or the assumption by the purchaser of certain services.
Clause 5: Discount
5.1 No discount will be granted in the event of early payment.
Clause no. 6: Methods of payment
6.1 Payment for orders is made:
- either by check;
- either by bank card;
- either by species
- either by Paypal
6.2 When registering the order, the buyer must pay a deposit of at least 50% of the total amount of the invoice, unless BRS-Tech decides on a lower sum, the balance to be paid upon receipt of the goods.
For online sales, 100% deposit will be requested before order validation and before launching the manufacturing process.
6.3 For companies requesting it, payment at thirty (30) days end of month is available.
Clause no. 7: Late payment
7.1 In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay BRS-Tech a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that in force on the day of delivery of the goods.
From January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause no. 8: Cancellation clause
8.1 If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allowance damages for the benefit of BRS-Tech.
Clause no. 9: Retention of title clause
9.1 BRS-Tech retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, the company BRS-Tech reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause 10: Delivery
10.1 Delivery is made:
- either by direct delivery of the goods to the buyer;
- either by post
- either at the place indicated by the buyer on the order form.
10.2 The delivery time indicated when registering the order is given for information only and is in no way guaranteed.
10.3 Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:
- the award of damages;
- cancellation of the order.
10.4 The risk of transport is entirely borne by the purchaser.
In the event of goods missing or damaged during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR.
If a need for clarification as a result of a technical examination arises within 3 working days of receipt of the acceptance of the contract partner's offer, BRS-Tech reserves the right to extend the delivery time of the product from time to clarify this.
10.5 Unless otherwise specified in the order confirmation, additional shipping costs will be charged for packing and shipping to another address.
Clause n° 11: Force majeure
11.1 The responsibility of the company BRS-Tech cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force major. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause 12: Warranty and Policy.
12.1 Objects printed in thermoplastics are shipped tested, dimensions respected within a variable margin of +/- 2%. Any claim concerning ribs within this margin will not be admissible. No refund, return or exchange is applicable. The proposal for a credit note, a voucher, or a replacement of the object in the context of a dispute will be submitted to the customer by BRS-Tech.
12.2 The products are photographed before shipment, after quality control (ribs, appearances, structures) and are validated internally, in the event of a dispute.
12.2 Damage caused by improper handling or breach of contract measures by the customer during installation, connection, operation or storage shall not constitute grounds for claim against BRS-Tech.
12.3 You can withdraw from your order without giving any reason within 14 days from the date on which you, or a third party designated by you (other than the carrier), took physical possession of the goods purchased. (or of the last good, batch or part if the contract relates to the delivery of several goods or several batches or parts delivered separately) or of the date on which you concluded the contract for the provision of services.
12.4 You must notify BRS-Tech of your decision to withdraw from your order. To meet the withdrawal deadline, simply send your withdrawal request before the 14-day period expires and return your product at your own expense.
12.5 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
- the delivery of products which cannot be returned for reasons of hygiene or health protection, if you have unsealed them or which, after being delivered, have been inseparably mixed with other items;
- delivery of products that have been made to your specifications or clearly personalized;
- the supply of products liable to deteriorate or expire rapidly;
- Destruction of products by accident or mishandling.
12.6 If warranty claims are justified and timely, BRS-Tech may choose to resolve the defect or deliver a defect-free item (subsequent performance). BRS-Tech will be entitled to three (3) subsequent attempts to perform in this context. A subsequent execution will be considered a failure after these attempts. If subsequent performance fails, BRS-Tech may terminate the contract. The contractual partner is not entitled to remedy the defect without the express consent and agreement of BRS-Tech, including consent and agreement on the costs associated with the remedy of the defect.
12.7 Material defects in the Product must be reported in writing immediately, no later than three (3) days after delivery, by means of a technical report substantiating such complaint. Material defects which remain undiscovered within this period with the most careful examinations must be reported in writing immediately after their discovery and require the immediate cessation of all manufacture or processing. This written report must be received no later than the expiry of the agreed period or the limitation period.
12.8 Unless otherwise agreed, BRS-Tech does not endorse quality standards regarding the fit, applicability or usability of the product(s) manufactured when used with other items or in other items ( for example, construction or assembly groups). All quality standards are always evaluated on a product-by-product basis.
Clause n° 13 : Provisions finales
13.1 All communications related to the contract take place in French and/or English
13.2 BRS-Tech reserves the right to publish images of the manufactured product ordered by customer on the websites and social accounts of BRS-Tech without prior request from the customer if no brand (logo or name) is presented on the image nor in any legible way on the product and the product itself does not disclose its application and function. In all other cases, BRS-Tech will request the client's authorization before any publication.
Clause n° 14: Competent court
14.1 Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Grenoble.
Done in Saint Martin le Vinoux, on 07/12/2021
Florent Broise