Terms and Conditions
This sales conditions described below detail the rights and the obligations of the company ODC Industries under registration number 804 495 661 to the RCS of Vannes, France, and his customer as part of the sales of goods provided by ODC Industries.
2. Basis of sale
2.1 All accomplished service by the seller involve the compliance without reserve from the buyer in this present sales general conditions.
2.2 None variation of this condition is possible without written agreement between the representative authority of both party, ODC Industries and his customer.
3. Price of the goods
3.1 The price of sold goods are those in effect the day of the order. They are in euros and calculated excluding of tax. And therefore, they are increases of the VAT rate and on the transport costs in effect the day of the order.
3.2 The company ODC Industries commits to do the right to change his price at any moment. However ODC Industries commits to invoice the ordered goods at the indicated price at the recording of the order.
3.3 Offered prices includes the discount that ODC Industries can be brought to do according to the results or the taking in charge by the purchaser of different services.
3.4 No discount will be given for advance payments.
4. Orders and specifications
4.1 The quantity, the quality description of and any specifications for the goods shall be explained in the quotation of ODC Industries or in the purchase order from the client.
4.2 No order which has been accepted by the company ODC Industries may be cancelled by the client except with the agreement in writing of the company ODC Industries and on terms that the buyer shall indemnify the seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used, damages, charges) and expenses incurred by ODC Industries as a result of cancellation.
4.3 The company ODC Industries reserves the right to make changes in the specification of the goods which are required to conform to any applicable Standards from the moment that changes don’t affect their quality or performance.
5. Conditions of payment
5.1 The payment of the order is done either by cheque or by bank transfer.
5.2 In case of full or half default of the delivered goods at day of receipt, the buyer should pay to the company ODC Industries a late payment penalty equivalent to three times the officially set interest. This officially set rate interest is those applicable at the day of the goods delivery.
5.3 From the 1st of January 2015, the legal set rate interest will be revised every 6 months (Ruling n°2014-947 of 20 august of 2014, French Regulation)
5.4 This late payment penalty is calculated on the including tax and VAT amount owed and is in effect from the due date of the price without no preliminary final demand is necessary.
5.5 In case of late payment penalties, all the sum even a deposit, not paid at the requirement date will produce rightfully a fixed compensation of 40€ following covering fees, according to the French regulation (Articles 441-6 alinéa 12 et D.441-5 du Code de Commerce.).
5.6 If in the 15 days following the implementation of the clause « late payment fees », the buyer didn’t pay off the due payment, the sale will be resolve rightfully and will open the right of the
benefit of damages to the company ODC Industries.
6. Property of goods
6.1 The company ODC Industries keep the property of sold goods until the full payment of the principal and in accessories. As such, if the buyer is the object of a recovery or compulsory
liquidation the company ODC Industries has the right to claim as part of the collective procedure, sold goods and unpaid.
7.1 Delivery of goods shall be made by the buyer collecting the goods at the seller’s premises at
any time after the seller has notified the buyer that the goods are ready for collection or, if some
other place for delivery is agreed by the seller, by the seller delivering the goods to that place.
7.2 The indicated delivery time at the recording of the order is given for guidance only and is not
7.3 However, all reasonable delay in the delivery of goods won’t give benefit to the buyer to
claim for damages or cancel the order.
7.4 Risks during the transport is supported by the buyer.
7.5 In case of missing or damaged goods during transport, the buyer should make all necessary
reserves on the order upon receipt of the goods. These reserves must be confirmed in writing within
five days of delivery by recorder letter with acknowledgment of receipt.
8. Force majeure
8.1 The responsibility of the company ODC Industries won’t be implemented if the noncompliance
or the delay in the execution of one of this obligation in this terms and general
conditions from a case of force majeure. As such, the force majeure includes any external,
unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code, French
9. Competent Tribunal
9.1 Any dispute related to the interpretation or to the execution of this present general condition is subject to the French law.
9.2 For lack of amicable agreement, the dispute will be referred to the competent tribunal of Vannes.
In Ploërmel, the 26th February 2016
President of ODC Industries, M. Fabien Martin