General Terms and Conditions of Sale
These general terms and conditions apply to the sale of vehicles or spare parts. Any order implies the unconditional acceptance by the customer and their full adherence to these general terms and conditions of sale, which prevail over any other document from the customer. However, and by way of derogation, the parties may agree on different contractual provisions from these general terms and conditions in the form of a contract.
ENFORCEABILITY OF THESE CONDITIONS
The signing of a purchase order with the company FRAMERY implies the full and unconditional adherence of the Buyer to these general terms and conditions of sale, excluding all other documents such as prospectuses, catalogs issued by the company FRAMERY, which are indicative only, and waiving any conditions that may appear in all documents emanating from the Buyer that are contrary to these general terms and conditions of sale.
ORDERS
Orders are only final when they have been confirmed in writing. Counter-orders, modifications, or cancellations are valid only if given in writing within 10 days and accepted by the company FRAMERY before the start of the service. Any requested change to the order, whether quantitative or qualitative, requires the express and prior agreement of the company FRAMERY. For each vehicle, the mileage, when known, is the one recorded at the time when the company FRAMERY acquired the vehicle. It is not guaranteed. According to Article L612-1, FRAMERY informs you of the existence of the European platform for online dispute resolution, designed to collect any complaints arising from online purchases by European consumers and to transmit them to the competent national mediators. This platform is accessible at the following address: http://ec.europa.eu/consumers/odr/.
PRICES
The invoiced prices are those agreed upon at the time of placing the order or accepting the estimate according to the terms of the contract. The price is related to the age of the vehicle or parts. Prices are exclusive of VAT. All other costs, including, notably, customs, transportation, transit, and insurance fees, are the responsibility of the customer.
PAYMENT
Invoices are prepared in accordance with current legal provisions. Our invoices are payable in cash. Sales are made according to conditions specifically defined with the customer in agreement with the company FRAMERY. Unless otherwise agreed between the parties, sales and services are made for cash, with advance payments not eligible for any discount. Any default in payment at the due date will make all invoices from the company FRAMERY due and payable automatically, without prior notice, even those not yet due. In such a case, FRAMERY may also suspend all deliveries of goods or the performance of its services until regularization or demand any form of payment guarantee for the customer’s future orders. Two months are granted to ensure the total and final settlement of your order. After this period, any deposit received by the company FRAMERY will be considered lost if the customer has not paid the balance of the order within the specified timeframe. After the total and global settlement of the order, FRAMERY grants a maximum of 1 month for the shipment or collection of the vehicle or equipment.
STORAGE BEFORE COLLECTION
Beyond this granted period, parking fees of 9 euros excluding taxes per calendar day will be charged per vehicle and per pallet of parts. Collection can only take place once the total fees mentioned above have been paid. Beyond 2 months after the start of parking fees billing, FRAMERY becomes the owner of the vehicle(s) or equipment(s), without any refund of the amounts paid, compensation, or recourse for the buyer.
COLLECTION – DELIVERY – TRANSFER OF RISK
Delivery or service completion deadlines are provided for indicative purposes only and are carried out in the order of receipt of orders. Any possible delays do not give the customer the right to cancel the sale, refuse the goods, or claim damages. FRAMERY is released from its obligation to provide goods for any fortuitous events, transport interruptions, difficulties in parts supply, customs or currency parity difficulties, or in cases of force majeure, such as, notably and not exhaustively, war, riot, fire, total or partial strikes, forced unemployment, accidents, floods. In any case, timely delivery can only occur if the customer is up to date with their obligations to FRAMERY, regardless of the cause. The goods sold travel at the customer’s risk and peril, regardless of the mode of transport.
SERVICE
CLAIMS - RETURNS
No claim regarding the quality of equipment or spare parts will be considered after a period of 2 working days from its reception. Claims must be made in writing. Refusing the merchandise does not imply its renewal. In case of dispute, our liability will be limited to the free replacement of parts recognized as defective, after examination in our workshops, without any additional compensation of any kind.
PENALTY CLAUSE
If the customer’s default requires contentious recovery, the customer must pay to FRAMERY, in addition to the principal, fees, expenses, and emoluments usually and legally at their expense, a fixed indemnity of 15% of the principal amount including tax of the debt as conventional damages.
RETENTION OF TITLE CLAUSE
(Article L621-122 of the Commercial Code) The ownership of the goods sold will only be transferred to the customer after the full payment of the price, notwithstanding the transfer of risks as stipulated in the “Collection – Delivery – Transfer of Risk” section. Consequently, in case of non-payment of the goods, in whole or in part, within the stipulated period, FRAMERY reserves the right to continue the execution of the sale and to demand full payment of the price as well as all related costs. The exercise of this action by FRAMERY automatically leads to the resolution of the sale. In this case, all costs incurred by the recovery of the goods and their return will be borne by the customer.
RESERVATION OF OWNERSHIP FOR THE BENEFIT OF FRAMERY
FRAMERY intends to rely on the provisions offered by Law No. 80-335 of May 12, 1980, regarding the effects of the retention of title clause, which the buyer declares to know and accept. It follows that the vehicle or equipment subject to this contract will not be legally transferred in ownership to the buyer until the day of full payment of the price by the latter.
LIABILITY - INSURANCE
All materials, various objects not belonging to FRAMERY will not be insured. FRAMERY disclaims any responsibility for materials and objects deposited in its premises. These can only be deposited the week before the departure of the equipment. FRAMERY accepts no responsibility for operational damages and/or any other form of damages resulting from the direct or indirect use of the delivered goods, which are deemed to be checked by the customer before their incorporation into a production process. In any case, the liability of FRAMERY will be limited to the value of the goods sold.
APPLICABLE LAW - JURISDICTION
The applicable law is French law. In case of dispute, the Commercial Court of Melun, at the registered office of FRAMERY, will be solely and exclusively competent. This jurisdictional clause will apply even in the case of summary proceedings, indirect claims, or calls for warranty or in case of multiple defendants. Various modes of shipment or places of delivery or payment by draft cannot operate either motivation or derogation from this jurisdictional clause.