www.myhexagone.com • [email protected] • Tél. +33 1 34 34 11 55
General Conditions of Sale Hexagone Manufacture S.A.S.
These concerns must be communicated to the courier by the Customer by extra-judicial act or registered letter with
acknowledgement of receipt within three (3) days, not including bank holidays, of the reception of said goods (article L133-3
of the French Code of commerce); one copy shall also be addressed to Hexagone Manufacture S.A.S..
All recourse shall be sought from the carrier. Where, in accordance with reasonable commercial standards, Hexagone
Manufacture S.A.S. carries out additional transportation operations, such as loading, wrapping, securing , taking out
an insurance policy, customs formalities etc. it shall only act as a representative of the consignee who retains their
responsibility for the cost, risks and perils of such operations.
I.6. COMPLAINTS AND RETURN OF GOODS
Without prejudice to claims made against the carrier by the Customer, such as those included in article 1.5.3., in the case
of visible defects or missing products, any complaint, whatever its nature, relating to delivered products, shall only be
accepted by Hexagone Manufacture S.A.S. if it is made in writing, by registered letter with acknowledgement of receipt,
within fifteen (15) days following the delivery date. No goods may be returned without our express agreement and goods may
only be returned if fit for resale. The Customer shall allow Hexagone Manufacture S.A.S. to verify any defects to allow for these to
be remedied. He/she shall abstain from intervening themselves or from seeking intervention from a third party. The cost and risk
of returns shall be borne by the Customer at all times. Any goods returned without our agreement shall be made available to the
Customer and shall not lead to the establishment of an asset. Justified returns shall be subject to a replacement of the product as
deemed most appropriate by Hexagone Manufacture S.A.S. in light of the Customer’s needs or, where it is impossible for
us to do so, a credit shall be made to the Customer after we have verified the quality of the returned machine, which shall
exclude any compensation or damages and interests, deduction of the price of usable accessories, missing equipment
and the cost of returning it to good working order. In cases where Hexagone Manufacture S.A.S. accepts the return of
goods in conformity with the initial Customer requirements, the purchase price of said goods shall be paid to the Customer
to a maximum of 75% of the billed value.
I.7. PRICE AND PAYMENT
1.7.1.
Prices, information and technical characteristics which can be found in our catalogues, tariffs, prospectus, technical
specifications or other documents are indicative and cannot be deemed firm offers. These documents have no
binding nature and can be modified at any moment and without prior notice. Our prices are expressed in Euros. Any taxes,
duties or other contributions to be paid in accordance with French legislation and regulations, or those of an importing
or transit country shall be borne by the Customer.
1.7.2.
Our materials are always billed at the current tariff at the moment when the order is confirmed by Hexagone Manufacture
S.A.S., and are less tax from the moment they depart our headquarters in Argenteuil, carriage and packaging not included.
1.7.3.
A fixed sum of 21 € less tax on charges for all invoices of under 80 € less tax.
1.7.4.
Our invoices are payable upon reception unless a different payment schedule is indicated on the invoice. Only the
cashing of a paper instrument or cheque or the reception of a bank transfer shall be considered as valid payment under
these GCS. In cases of payment by bills of exchange, the Customer is required to return the accepted paper instruments
presented to them within a maximum of seven (7) days. Any amount including tax not paid within the allotted time
shall give rise to a payment by the Customer of delay penalties fixed at 3% per month’s delay, as well as a fixed rate
of compensation to cover losses to our Company of a total of FORTY (40) EUROS. If the recovery costs are greater than
the amount of said compensation, our Company shall then seek, with supporting documents, additional compensation
(articles L.441-6 et D.441-5 of the code of commerce).
1.7.5.
Recourse to our warranty obligation or any other demand of any kind that the Customer may make shall not allow
him/her to in any case or under any pretext retain or delay payments owed to us, it is also expressly required that any
delay or failure to pay should lead to the ceasing of recourse to our warranty and agreements.
1.7.6.
Our sales are made fully and without exception at our Argenteuil headquarters, unless otherwise specified. Acceptance
of our bills of exchange or payment by any other means shall not constitute either a renewal of or a derogation from this clause.
1.7.7.
Failure to accept our drafts or payment default at the expiry of a bill of exchange or an invoice, and whatever
the mode of payment or in cases of cessation of activity or cessation of funds, shall lead to the forfeiture of the term,
requiring that all debts to us, including those not yet expired, be paid immediately. It shall also lead to the suspension
or resolution of tenders, contracts and orders in progress, without possibility for the Customer to argue an unjustified
refusal of sale, or claim any kind of compensation.
1.8. TRANSFER OF PROPERTY – OWNERSHIP RESERVE CLAUSE
Hexagone Manufacture S.A.S. reserves ownership of goods sold until effective payment of the full price for the main goods and
accessories, even in cases of granting of payment terms.
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