These General Terms and Conditions of Sale apply to all sales concluded by KUTJO, regardless of the clauses that may appear on the Purchaser's documents, and in particular the general conditions of purchase, on which these Conditions General Conditions of Sale prevail in accordance with the provisions of Article L 441-6 of the Commercial Code. In accordance with the regulations in force, these General Terms and Conditions are systematically communicated to any buyer who so requests, to enable him to order from KUTJO. Any other document than these Terms and Conditions including catalogs, prospectuses, advertisements, notices, has only informative and indicative value, not contractual. The fact that KUTJO does not rely on any of the clauses of this Agreement at any given time can not waive the right to rely on the same clauses at a later date.
All technical documents given to the Buyer remain the exclusive property of KUTJO, the sole owner of the intellectual property rights in these documents. The Buyer undertakes not to make any use of these documents, which may infringe the industrial or intellectual property rights of KUTJO.
3.1 Orders transmitted to KUTJO are irrevocable for the Buyer unless written acceptance of the company KUTJO. They are perfect only after express and written acceptance of the Purchaser's order, evidenced by an acknowledgment from KUTJO.
3.2 For any specific order, of a promotional type, the Buyer undertakes to comply with all the regulations relating to the presentation and sale of the said products.
3.3 Orders for customized articles, duly accepted in writing by KUTJO, will be the subject of a specific additional invoice, on estimate previously accepted by the Purchaser. In the case of custom items with regular orders, the Buyer agrees to inform KUTJO at least 6 months in advance of any modification or deletion of the customized items.
The products are supplied at the rates mentioned on the purchase order signed by the Buyer. The current tariff may be revised at any time, after prior notice to the Buyer. The tariffs are net, excluding VAT, including packaging. Any order greater than or equal to 2,000 € HT for a delivery in metropolitan France excluding islands also includes transport. Any order less than 2,000 € excluding VAT will result in the payment of postage. Similarly, any delivery in France, outside metropolitan France or in the islands, will result in the payment of postage costs which are the subject of a specific additional invoice, on an estimate previously accepted by the Purchaser. Any delivery outside the French territories will be the subject of a tariff and specific conditions previously determined between the parties and accepted by them. An invoice is issued by the company KUTJO and delivered to the Buyer on each delivery of
Oducts with the exception of the first order for which an invoice of down payment will be given to the Purchaser at the signature of the order form. In the context of the resale of the product (s) acquired by the Buyer, the Buyer undertakes to respect the public advisory price set by KUTJO as it appears either on the order form given to him or On the latter's website.
5.1. Settlement Times Invoices are payable on the due date. Only the actual collection of drafts or CRLs will be considered as full payment within the meaning of these GTS.
5.2. Late payment penalties In case of late payment and payment of amounts owed by the Buyer beyond the payment period indicated on the invoice addressed to the latter, late payment penalties calculated at the monthly rate of 1.5% of Including VAT, of the purchase price shown on the said invoice, will be automatically and automatically acquired by KUTJO, without formalities or prior notice and will entail the immediate exigibility of all the sums due by the Purchaser to the company KUTJO, without prejudice to any other action which the latter may be entitled to institute against the Buyer as such. In the event of non-compliance with the payment conditions set out above, 48 hours after a formal notice remains unsuccessful, KUTJO also reserves the right to suspend or cancel the delivery of outstanding orders from The Buyer and / or suspend the performance of its obligations and / or reduce or cancel any discounts granted to the Buyer without any financial consequences of this suspension or cancellation being attributed to KUTJO .
5.3. Absence of compensation Except as expressly agreed in advance by KUTJO and provided that the receivables and liabilities are certain, liquid and payable, no compensation may be validly made between any penalties for late delivery or non- Conformity of the products with the order and the amounts due for the purchase of the products from the company Kutjo.
5.4. Retention of title clause KUTJO reserves the right to retain ownership of the products sold until the payment is complete, in order to take possession of the products in case of default. Any advance paid by the Purchaser will remain vested in KUTJO as a lump sum indemnity, without prejudice to any other actions which it may be entitled to bring against the Buyer. Any contrary clause, notably inserted in the general conditions of purchase is deemed not written in accordance with Article L 624-16 of the Commercial Code. By express agreement, KUTJO may exercise its rights under this retention of title clause for any of its claims on all of its products in the possession of the customer, Conventionally presumed to be the unpaid. In the event of legal redress or liquidation, KUTJO is at all times entitled to demand the return of the unpaid goods or to carry out the removal of the goods belonging to it at the Buyer's premises and Which the latter expressly authorizes in advance in the event of non-payment at maturity.
6.1 Delivery times are given for information purposes only and are indicative. KUTJO endeavors to respect the delivery times indicated on the acceptance of the order and to execute the orders except for force majeure or in case of circumstances beyond its control, such as strikes, freezing, fire, storm , Flood, epidemic, supply difficulties, failure by the Purchaser to comply with the terms of payment and payment of installments, without this list being limiting. Delivery delays can not give rise to any penalty or indemnity or justify the cancellation of the order, as the criminal clauses in the Buyer's commercial papers are not binding on KUTJO. The delivery will be made at the place of delivery provided to the order. The delivery and delivery of the products may take place at any other place designated by the Buyer with the express and written agreement of the company KUTJO, subject to 8 days notice, at the exclusive cost of the Buyer. Similarly, in the case of specific requests from the Buyer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by KUTJO, the related costs will be the subject of a specific additional invoice, Previously accepted by the Purchaser.
6.2 The Buyer is obliged to check the condition of the products on arrival and to formulate any reserves immediately to the carrier. The reserves must be confirmed to the carrier and KUTJO by registered letter AR within 3 days of delivery. In the absence of reservations or complaints concerning apparent defects, missing or non-conformity of the products delivered with the order, the products delivered by the company KUTJO will be deemed to conform in quantity and quality to the order. The Purchaser shall attach to its reservations or claims all supporting documents relating thereto. No complaint can be validly accepted in case of non-compliance with these formalities and delays by the Purchaser. If, after checking, an apparent defect or a defect is found, the Buyer may only ask KUTJO for the replacement of the non-conforming items and / or the necessary supplement to fill the missing items without being able to claim any Compensation or resolution of the order. Any return of goods must be the subject of a prior formal written agreement of the company KUTJO. The return will be made in the original packaging. The costs of return will be borne by the company KUTJO only in the case where an apparent defect or missing is actually detected by the latter or its agent. KUTJO will replace, as soon as possible and at its own expense, the delivered products, the apparent defects or lack of conformity of which will have been duly proved by the Purchaser and subject to verification by the latter of the alleged defects. The claim made by Buyer under the terms and conditions set forth above shall not suspend the payment of the goods concerned.
The transfer of ownership of KUTJO's products to the Purchaser will only be realized after the Buyer has paid the full price regardless of the date of delivery of the products. On the other hand, the transfer of the risks of loss and deterioration of the products of the company KUTJO will be realized as soon as the products are delivered to the place provided for the order.
KUTJO shall be entitled, in accordance with legal provisions, to guarantee against any hidden defect, material or manufacturing defects affecting the delivered products and rendering them unsuitable for use until the date of commissioning by the end user Of the finished product, any action taken by KUTJO under this guarantee may in no case have the effect of prolonging the duration of the latter. Any warranty is excluded in case of misuse, negligence or lack of maintenance by the Buyer, such as normal wear and tear of the property, force majeure, intervention other than that of the persons duly authorized by the Buyer. Manufacturer, shock, improper use, use of another product. In order to assert his rights, the Buyer shall inform KUTJO, in writing, of the existence of defects with the appropriate justifications, under penalty of forfeiture of any action relating thereto, within a maximum period of 3 days From their discovery. KUTJO will replace or cause to be repaired the defective products or parts under warranty. This warranty also covers labor costs.
All disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, consequences and consequences will be submitted to the Court of Bourg-en-Bresse.
By express agreement between the parties, this contract is governed and subject to French law. For convenience, a translation into a foreign language may be established. However, in case of dispute, only the French text shall prevail.
These General Conditions of Sale are expressly approved and accepted by the Purchaser, who declares and acknowledges full knowledge of them and therefore waives any contradictory documents and, in particular, its own general terms and conditions, Purchase, which shall be unenforceable to KUTJO, even if KUTJO has become aware thereof.