General
These conditions apply worldwide and are deemed known to the buyer. Any order implies on the part of the buyer the acceptance of said conditions. Therefore, no contrary clause can be opposed unless we have formally accepted it in writing. The conditions of sale of GM EQUIPEMENT, supplier, prevail over those of the customer. These conditions of sale define the terms and conditions under which all natural or legal persons, of French or foreign nationality (hereinafter “the customer”) order and purchase the products offered for sale by GM EQUIPEMENT.
Technical specifications
The characteristics, dimensions, weight, etc. mentioned in all our documentation are indicative only. We reserve the right to make any changes we deem appropriate, even after receipt of the order, without however the essential characteristics being affected.
Delivery - Transport
Delivery is deemed to have been made as soon as the material is taken over by the carrier from our store or from the factories of our suppliers. The risks and liability of the equipment sold therefore arise from the said takeover, even in the case of free delivery. Equipment is only insured on express instruction and at the expense of the purchaser, except where the Total Protection Guarantee (GPT) applies. In all cases, it is obviously up to the buyer to carry out all checks, to make all reservations on arrival of the equipment and to exercise, if necessary and within the regulatory deadlines, all recourse against the carrier. Any request for a signed voucher, for proof of delivery, will be invoiced at a flat rate of € 20 excluding VAT. Billing Distance selling professionals: by default, invoices will be sent in unsigned PDF format via an email to the address provided by the customer. Delivery delay Delivery times begin to run from the time the order is taken. Given in particular the possibility of customization of certain products, these deadlines are given as an indication without commitment. Consequently, a delay cannot justify the cancellation of the order, nor give rise to compensation or penalties. The fact that the customer postpones the delivery dates initially planned is not likely to modify the invoicing on the conditions and dates initially planned.
Total Protection Guarantee (GPT)
All our items benefit as standard from the legal guarantee against hidden defects, and from a “satisfied or refunded” guarantee for 30 days after delivery. The Total Protection Guarantee allows you to benefit, in addition, from a one-year "product" guarantee against any manufacturing defect. It also protects the customer against any loss or deterioration until delivery of the product. It is invoiced at the rate of 3.0% of the total excluding tax of the order. The benefit of guarantees cannot be claimed in the event of misuse of the products and is subject to strict compliance with the terms and conditions of payment. The invoice serves as a guarantee certificate.
Guarantees
The customer benefits from the legal provisions relating to the legal guarantee of conformity and the guarantee against hidden defects (guarantees reproduced below). Only products showing a proven hidden defect may be returned under this reason within two years. We are responsible for the cost of returning your product. If the expertise carried out by GM Equipment confirms that there is indeed a hidden defect, you will be reimbursed at the purchase price. The manufacturer's warranty period displayed on the product sheet begins on the delivery date of the initial order without renewal of this period in the event of an exchange within the framework thereof. Article L 211-4 of the Consumer Code The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L 211-5 of the Consumer Code To comply with the contract, the good must:
1) Be suitable for the use usually expected of a similar good and, if applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L 211-7 of the Consumer Code Lacks of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L 211-12 of the Consumer Code Action resulting from lack of conformity lapses two years after delivery of the goods. Article 1641 of the Civil Code The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. To benefit from the legal guarantee of conformity or the guarantee against hidden defects, it is sufficient to contact the customer service of the company GM Equipement by:
- email: commercial@gm-equipment.com
- mail: addressed to the head office of the company GM Equipment
Sales contract with deposit
When, on the order form, the quantities appearing in the “Quantity to be delivered immediately” column are lower than those appearing in the “Ordered quantity” column, a sales contract with deposit is formed between GM EQUIPEMENT and the customer. The customer purchases products as defined on the order form from GM EQUIPEMENT. The customer, taking into account limited storage capacities, wishes that the products purchased be stored by GM EQUIPEMENT for the quantities resulting from the deduction between the columns "Quantity ordered" and "Quantity to be delivered immediately". In consideration of which it is agreed as follows: the goods listed on the order form are firmly ordered by the customer who undertakes to pay them according to the terms agreed between the parties. Goods, except those to be stored by GM EQUIPEMENT, will be delivered to the customer at the address on the order form. The goods defined as having to be the object of storage by GM EQUIPEMENT, are the object of a sale with deposit. Thus, these goods will be handed over to storage by GM EQUIPEMENT, on behalf of the customer, in a single location with a logistician of their choice. These goods are kept in their original packaging, so that they will remain permanently individualized, and identifiable as belonging to the customer, who can at any time check the proper execution of this condition. The goods will be stored at the sole risk of the customer who will in particular take out all appropriate insurance cover. Without prejudice to the above provisions relating to the transfer of risk, the goods deposited will remain the property of GM EQUIPEMENT until full payment by the customer. The customer will send his delivery requests to GM EQUIPEMENT concerning the goods in storage. GM EQUIPEMENT will pass them on to the logistician. GM EQUIPEMENT will assume and pay the storage costs to the logistician. This contract will come into force from the date of the signing of the order and will end two years later automatically. At the end of this contract, the stocks of goods not called by the customer will automatically become the property of GM EQUIPEMENT free of charge.
Returns
GM EQUIPEMENT can accept the return of products which do not correspond exactly to what the customer expected. These returns are subject to the following conditions: the return request must be made no later than 30 working days following receipt of the product, the return must be formally accepted in writing by GM EQUIPEMENT who will give the customer a return number to indicate on the package, the returned product must be in rigorously new condition in its original packaging, the packaging and transport costs to go and return are the responsibility of the buyer. Products not listed in the company's catalog may under no circumstances be taken back by GM EQUIPEMENT.
Retention of title
Pursuant to Law 80.335 of May 12, 1980 and Law 85.98 of January 25, 1985, the goods sold by GM EQUIPEMENT legally remain its property until the actual and final receipt of the agreed price. Until that date, the delivered material will be considered consigned and the buyer will bear the risk of damage that this material may suffer or cause for any reason whatsoever. Until full payment, the goods cannot be resold without the prior consent of GM EQUIPEMENT. Notwithstanding any provision to the contrary in this contract, in the event of non-compliance by the customer with one of the payment deadlines, the seller without losing any of his other rights, may demand, by simple registered letter, the return of the goods at the expense of the 'buyer until the latter has fulfilled all of his commitments. The catalog remains the property of GM EQUIPEMENT. Any reproduction, even partial, of texts, illustrations, photos and tables is strictly prohibited under penalty of legal proceedings. In the event that we are required to make, without notice, changes in the characteristics of the items photographed or drawn in this catalog, we would not be required to provide the items in their previous specification and GM EQUIPEMENT cannot be held responsible. engaged.
Price
The prices are established in Euros excluding VAT. Transport costs are extra, deliveries being made forward port, unless expressly mentioned delivery carriage paid. Invoices are established at the rate in effect at the time of delivery. GM Equipment reserves the right to modify prices at any time.
Terms of payment
Our invoices are payable at the head office upon receipt by draft, check or transfer, without discount. In the event of agreed payment at term, the deferred mode must be entered on the invoice. The default of payment or the postponement, even partial of one of the agreed deadlines, automatically entails the enforceability of the sums remaining due, as well as the immediate suspension of other deliveries or the cash payment before shipment of any new supply, without the need for any formality and allows us to cancel, without compensation and without notice the orders or contracts of the defaulting debtor. Late payment penalties: any sum not paid on the due date will be increased by penalties calculated at the annual rate of 12%. Pursuant to article L.441-6 of the Commercial Code, a lump sum compensation for recovery costs of € 40.00 must be paid by any paying debtor after the expiry of the payment period. Penalty clause: In accordance with article 1226 of the Civil Code, in the event of default by the debtor, the amounts due recovered by litigation will be increased, in addition to default interest, by a fixed compensation of 15% of their amount. The customer refrains from any right of retention or compensation.
Complaints
Any complaint on delivered material must be made within four working days of receipt of the material.
Challenge
In the event of a dispute, the Commercial Court of Lyon is the only jurisdiction recognized and accepted by both sides. Our conditions of sale cease to apply if, during a previous order, the buyer has avoided his obligations. A refusal to sell will then be validly opposed, unless the buyer provides satisfactory guarantees or payment on order. In the latter case, it is specified that no discount will be granted.