Through the sole act of placing a purchase order, the purchaser acknowledges having read and accepted the DUMAS general terms and conditions of sale below without reservation. Any clause to the contrary specified on the purchase order or in the purchaser s general terms and conditions of purchase and expressly refused by DUMAS is considered ineffective.
The present terms and conditions apply to all purchase orders sent to DUMAS which will only be undertaken under the conditions which will have been duly accepted.
2. Prices and payment methods
The prices shown in the catalogues, brochures or price- lists are purely indicative and supplies will be invoiced at the price applicable on the day on which the purchase order is placed.
Unless otherwise indicated in writing, our invoices are to be settled within a delay of 30 days from the end of the month, net, with no cash discount, even in the event of payment with order.
Any purchaser without an open DUMAS customer account is required to settle invoices with purchase orders and with no cash discount. Any requests for opening an account must be accompanied by the usual bank details and trade references.
Referenced purchasing customers: DUMAS reserves the right to demand payment on order before delivery if the financial situation of the purchasing customer justifies such a demand, or if the purchaser has been involved in prior payment incidents, regardless of the implicated amount.
In the event of non- payment within the defined delays and in accordance with the Law 2001- 420 of the 15th May 2001 relative to the New Economic Regulations (otherwise known as the NRE law), late payment penalties will be invoiced according to the minimum stipulated by the legislator, that is: The legal applicable rate x 1.5 the invoice amount exclusive of tax", these penalties are due without reminder. In this case, an invoice corresponding to the late payment penalties shall be sent following settlement by the customer, the date of goods acceptance enabling the calculation of the number of days of delay and the interest due.
2bis. Invoicing Delivery fees
As a general rule, all of our goods are sold ex- warehouse. The minimum invoicing amount is ¬50 exclusive of tax for metropolitan France and ¬100 for the rest of the world.
Any order for less than the minimum invoicing amount exceptionally accepted by our company shall be increased by ¬10 exclusive of tax for administration fees in addition to the packaging and transport fees.
2ter. Payment methods/b>
In France, the payment methods accepted without additional management fees include: cheque, bank transfer and bill of exchange. All payments are made in euros to the Dumas main office.
In EEC member states, all payments in euros made by cheque or bank transfer shall incur bank charges of ¬20. Delivery delays and methods
The delivery delays given are purely indicative and late deliveries may not give rise to claims for damages. Unless otherwise indicated in writing at the time of order, each delivery, even partial, shall be subject to a corresponding invoice, the purchaser may not avail himself/herself to the final delivery to defer the payment of the invoices sent.
4. Shipping/Acceptance/Return of goods
The goods will be delivered to the address specified on the purchase order. It is understood that our deliveries are ex warehouse. DUMAS reserves the right to choose the shipping method. The equipment and supplies are transported at the purchaser s own risk, even if they are shipped with postage paid. The following is incumbent on the addressee:
1 - At the time of goods acceptance, to check the state and quantity of the goods received by opening the package in the presence of the delivery man,
2 - In the event of faulty or missing goods, to formulate reservations in writing on the carrier s receipt, specifying the nature as precisely as possible.
3 - To inform the carrier of any faulty or missing goods by registered letter with acknowledgement of receipt within a delay of three days as of the day on which the goods were accepted, in accordance with article 105 of the Commercial Code ,
4 - At the same time, to notify DUMAS of any missing or faulty goods within a delay of three days.
The purchaser must check that the supplies delivered correspond to those ordered. Should the purchaser fail to formulate comments in writing within three days as of the delivery date, the latter shall be considered to be accepted.
No return of goods shall be accepted without the prior written agreement of DUMAS, who will specify the terms and conditions as appropriate. DUMAS reserve the right to re-ship by collect shipment any goods received without this agreement.
5. Instrument guarantee
Unless special conditions are established at the time of order, the guarantee for new instruments is valid for 12 months as of the delivery date, for manufacturing or functional faults exposed during the course of this period, as long as said instruments are used in accordance with their intended purpose with the reagents and consumables recommended by DUMAS when appropriate. Any use that does not conform to the normal conditions of use, any poor maintenance, product misuse or product modification without our prior written consent and namely the use of products and consumables not supplied by DUMAS may result in termination of the guarantee. Any instrument interference by a third party during the period of guarantee will automatically result in termination of this guarantee. The present guarantee is expressly limited to the sending of spare parts free of charge or the repair of the instrument at our workshop with prepaid shipment. Standard wear parts such as glassware, lamps, heating resistors, fuses, tubes or consumables do not fall within the scope of the guarantee.
5bis. Reagents and consumables guarantee
The DUMAS guarantee for reagents and consumables consists in the replacement of items that are notably faulty or unusable due to a material or manufacturing fault, free of charge. DUMAS assumes no responsibility in the event of damage related to storage conditions, mishandling or the inappropriate use of reagents and consumables, and in particular, use nonconforming with the recommendations stipulated in the instruments and reagents manuals.
6. Reservations of title
In accordance with the Law 80335 of the 12th May 1980, all of our goods are sold under a reservation of title clause. The non-payment, even partial, notwithstanding any close to the contrary, authorises us to recover said goods following formal notice remaining fruitless. In this case, any advance payments or deposits shall be deemed acquired by DUMAS as compensation for damages and costs incurred by the recovery and transport of the products or equipment in question. The transfer of ownership shall only become effective once the agreed price has been settled in full.
7. Cancellation of order
Unless DUMAS issues prior written agreement, all purchase orders placed by the customer are firm and final. Any order cancellations made for equipment already delivered and installed will be subject to prior agreement with DUMAS. In this case, our technical services will check the equipment for damage. Any reconditioning of said equipment will be estimated and an invoice will be sent, covering: damage survey costs, the various costs relating to equipment installation and training, equipment reconditioning costs, equipment depreciation costs and costs for returning the equipment to our premises.
8. Dunning notices / Disputed claims
In the event of total or partial non-payment of one or several invoices and following three dunning notices remaining fruitless, formal notice shall be sent to the customer, specifying the remaining delay for discharge of debt. After this ultimate delay, as the non-payment in itself will constitute a termination of the contract between the parties, said non- payment will give rise to event of default of all contracts and commitments between the parties, all supplies of goods and services will thus be suspended de jure. A court proceeding shall ensue, the various costs of which shall remain at the expense of the defaulting purchaser.
It is expressly agreed between the parties that for any dispute, attribution of jurisdiction is made to the courts of the DUMAS main office.