All orders placed with DELTA are exclusively governed by the following conditions.
Accordingly, placing an order implies the customer’s full and unconditional acceptance of these General Conditions. These General Conditions take precedence over all other contrary conditions specified in particular in General Purchasing Conditions, order forms and all other documents issued by the customer.
The unconditional acceptance of these Conditions is a fundamental and decisive condition for entering into the agreement.
The orders only become definitive once DELTA has sent an order confirmation to the client.
As a result, DELTA has to deliver the goods sold and the client has to accept the delivery.
If in case of ”force majeure”, fortuitous circumstances, non-delivery by the supplier or by the cause of an unforeseen tier, DELTA could not carry out the order, the cancellation would involve an obligation to reimburse the payments remitted without interests nor allowances.
As for the client, except in a case of “force majeure” (unforeseeable and Irresistible cases) he cannot refuse the delivery, all complaints being formulated and as it is provided for in article 8 below.
Failing to accept the delivery, DELTA will be able to :
- call a restraint of the delivery after summation is made to accept the delivery, or
- continue the legal resolution of the sale and claim all damage and interests, or
- keep the sums paid under the penalty clause.
Our prices are established on the basis of cost in force at the time of the intended order, and on the conversion rates of the currencies involved, they thus follow the market trends.
Prices are final when the customer pays a deposit equal to 20% of the amount of the sale.
The sums paid by the customer constitute a deposit on the agreed price. This deposit constitutes an advance on the total price. Neither the client, nor DELTA can give up carrying out its obligation of purchase or legal obligation of sale.
The remitted deposit is deducted from the sums due by the customer during the transfer of goods.
The payments will have to be carried out either by cash upon delivery, or within 45 days of the end of month or within 60 days from the issuance of the invoice. Our company does not grant any discount for prepayment.
For any payment carried out after the due date of the invoice, a penalty will be due, calculated by applying a rate equal to 1,5 times the legal rate of interest. In addition to these late payment penalties, the debtor will be required to pay a fixed allowance of 40 euros for recovery costs.
In case of a partial delivery asked by the client, he will have, in addition to the deposit already paid, to carry out the payment of the actually delivered goods and will not be able to defer this payment to the delivery date of the remaining order.
A deadline for payment may not be differed because of an unspecified dispute between the client and DELTA. In the event of a non-payment of any amount due at a date agreed, the entirety of the remaining balance due will become immediately payable.
Should DELTA be obliged to resort to a court settlement to force the client to fulfill its obligations, and notably the payment of invoices issued by DELTA the outstanding amounts shall be increased, as a penalty clause, by an indemnity set at 25% of the amount excluding any legal costs.
DELTA reserves the property of goods delivered until the complete payment of the agreed price. In this respect, providing a bill of exchange or any other security creating an obligation to pay does not constitute payment in the meaning of the present provision.
If the customer is subject to bankruptcy or liquidation proceedings, DELTA is entitled to claim the goods sold that remain unpaid through collective proceedings.
However, the risks are transferred as of the delivery of the goods to the customer to a place or a seaport agreed with the customer.
Goods sold by DELTA and held in stock by the client will be considered as unpaid.
The delivery dates that we always try to respect, are however only given as an indication, and it is obvious that a delay in delivery cannot constitute a termination clause of the present order, nor give right to the client to claim for damages and interest.
However, if the goods are not delivered within ninety days of a notice remained without effect, being specified that the said notice can only be given after the initial delivery date, the client will be able to ask for a cancellation of the order and a restitution without other interests than those provided for by law, of the sums remitted.
This cancellation cannot intervene in the following cases:
- non observation of the terms of payment by the client ;
- the client did not give the necessary information for the execution of the order in due course;
- spurious shutdown of manufacture, strikes, accidents, fires, cataclysm, civil or foreign wars, all these clauses being announced by DELTA.
The client is supposed to check the goods at the time of the delivery and must mention on the delivery order his comments on the goods received.
Reservations must imperatively be announced by registered letter to the carrier within 48 hours after delivery. A copy of this complaint must also be addressed to DELTA.
Our guarantee is limited to 24 months starting from the delivery day. The guarantee can only be effective if the products were used under normal conditions.
In case where we are responsible, we will, at our convenience, either repair the defective parts, or exchange the product with another product of equivalent characteristics and of a value equal to the one of the defective good.
The amount of this responsibility cannot exceed the monetary value of the product concerned on the day of the incident.
Moreover, our guarantee does not cover the transport costs of the product, outward and return.
Notwithstanding all contrary clauses, in the event of hidden defects or defects, the legal guarantees will benefit to the client.
In any case, in the event of non-payment of sums due, and except as defined in Article 6 above, eight days after an unsuccessful injunction /formal notification by registered mail with acknowledgement of receipt, the sale may be cancelled ipso jure if DELTA so wishes; and DELTA may then demand the immediate return of delivered and unpaid goods, at the client’s expense, without prejudice to damages/losses.
Down payments that might have been made by the client shall be retained by DELTA and used to cover its damages/losses to their fullest extent. The cancellation may affect, not only the order concerned, but any previous unpaid orders, whether they have been delivered or not, and whether the payment is due or not.
Moreover, and in the event of goods being taken back, the client will also be liable to pay a devaluation compensation representing15% of the price of the goods per month of holding from the date of delivery to the date of return. Should the client fail to spontaneously return the goods, it shall be liable to make an irrevocable payment already conservatively fixed at 15% of the price of the goods per week of delay, through a simple provisional court order; said payment shall not be less than 100 Euros per week of delay.
The time during which the spare parts of our products are available can be seen on a link of Article 11 of our GCS on our website www.delta-import.com .
If, after the provision of the goods, the delivery date is delayed by the client, the goods will be regarded as delivered on the availability date and the invoicing will be made on this date.
After having sent a formal notice to take possession of the goods, DELTA will then be in a position to:
- either invoice to the customer the cost of storage in the premises of DELTA;
- or to put the goods in a depository at the expenses and risks of the client.
No goods can be returned without our prior consent and our instructions.
No return or exchange will be accepted without original packaging in perfect state (without labels, writings, etc).
Consequently, recommend your customers to keep the packings in the state in which they received it.
Any dispute likely to rise on the occasion of the interpretation or of the execution of this order or invoice will fall under the exclusive competence of the Court of Strasbourg, and this, even in case of summary procedure and even in case of plurality of defenders or calls in guarantee.
The applicable law is the French law other than any other law.
This article is however not applicable with a non-trading client.