Industrial Supplies  -  Bands  -  Conveyors & Services
Sales Terms NOVAFIT


Article 1 - Scope


These Terms and Conditions constitute , in accordance with Article  L 441-6 of the Commercial Code , the sole basis of commercial relationship between the parties . & Nbsp; Their purpose is to define the conditions under which the NOVAFIT company ( " The Provider " or " Supplier ") provides professional customers ( " Customers or Customer" or " Buyer " or " the Purchasers ") who so request , products and following services: sales, manufacturing, processing and maintenance of all products rubber and plastic or related matter in included conveyor belts ( "the products and Services ") . 

They apply , without limitation or qualification , to all sales and services rendered by the Provider to customers in the same category , regardless of the terms which may appear on customer documents , including its terms and conditions purchase . According to current regulations , these Terms and Conditions are systematically communicated to any customer who requests it , for it to order from the Provider.

Any order products and / or services involves the part of the Customer acceptance of These Conditions of Sale and Terms of Use Site Internet Service Provider for electronic orders . The information contained in catalogs, brochures and rates of the Provider are given for information purposes and may be revised at any time .The Contractor is entitled to make any modifications it deems appropriate .

Article 2 – Orders 

2-1 - Sales of Products and / or Services are not perfect after establishing a quotes and express acceptance in writing of the order of the Customer by the Service Provider materialized by an acknowledgment from the provider and acceptance of the quotation. The Provider has control means (including acceptance and confirmation) electronic PAYPAL, Ebanque ...... allowing customers to order services in the best conditions of convenience and speed. For the past exclusively online orders, registering a control; the provider of the site is realized when the customer accepts these Terms and Conditions Sale by ticking the box provided for this purpose and confirms the order. This validation involves the acceptance of the entirety of these General Terms and constitute a proof of the sale contract.
The consideration of the order and the acceptance thereof is confirmed by sending a mail or any other means of communication (mail, fax). the data stored in the computer system of the Provider are proof of all transactions with the customer. 

2-2 - Any amendments to the order requested by the Customer will be into account , within the possibilities of the Provider , unless they are notified in writing , 8 days before the date set for the provision of services / Products ordered after & nbsp; signing by the Customer of a specific order and possible adjustment of the price .  

2-3 - In case of cancellation of the order by the customer after acceptance by the Provider  less than 8 days before the scheduled date for the supply of Products and / or Services ordered for any reason whatsoever except force majeure, the deposit paid to the control , as defined in section " Terms of payment settlement time " of these Conditions of Sale shall automatically be granted to the Contractor and will lead to any refund .
 
Article 3 - Prices

3-1 - Products and / or Services are provided at rates in effect Provider in the day of the placement of the order, according to the estimates previously made by the Contractor and accepted by the Client as specified in section " controls "above. Rates are net and exclude VAT. An invoice is issued by the Contractor and provided to the Customer when each provision of  products and / or services. determining the conditions of the cost of products and / or services for which the price can not be a priori known or reported accurately, and the method of calculating the price so to verify it, will be communicated to the Client or will the subject of a detailed estimate, the Customer request in accordance with Article L 441-6 II of the Code trade. The customer will benefit from price reductions, rebates and discounts, depending on the number, the frequency and regularity of services / products ordered once in the terms and conditions described in the prices of the Provider. 

Article 4 - Payment terms

4.1. Payment terms A deposit of 30% of the total price of the Products and / or Services ordered is required when placing the order . The balance of the price is payable in cash on the day of the provision of such benefits , in the conditions defined in section "Terms of provision of the Services / Products " below . the Contractor shall not be required to undertake the supply of Products / Services ordered by the Client if the latter did not pay him price under the terms and conditions given to these Conditions of Sale . No discount will be granted by the Provider for payment before the date on the invoice or within less than those prescribed to these Terms of Sale .

4.2. late penalties In case of delayed payment and payment of amounts due by the Client beyond the period & nbsp; above set, and after the payment date indicated on the invoice sent to it, the late penalties calculated at 0.12% of the amount TTC prices listed Services on the invoice will automatically and legally acquired Provider without any formality or prior notice. The above rate agreed for delay penalties may vary upwards or downwards depending on the refinancing of the ECB (European Central Bank) but not be not less, in any case to three times the legal interest rate. This rate is expected to be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014). Late payment will result in immediate payment of all amounts due to & nbsp; Provider by the Customer, without prejudice to any other action that the provider is entitled to bring, as such, against the Client. In case of non compliance with payment conditions contained above, the Service Provider reserves also the right to suspend the supply of products / services ordered by the Customer, suspend performance of its obligations and reduce or cancel any discounts granted to the latter. 

4.3. No compensation Unless express , prior written consent of the provider, and provided that the receivables and payables reciprocal be certain , liquid and payable , no compensation will be validly made ​​by the Client among possible penalties for delay in providing the products / services ordered or non- compliance with the order , on the one hand , and are by the Customer to the Contractor under the purchase of such products / services on the other . 

4.4. Property reserve;The Supplier reserves until full payment by the Buyer , the right of  property on products sold , allowing him to regain possession of the products . Any deposit paid by the Buyer will remain to the Supplier in compensation fixed , without prejudice to any other action that would be entitled to bring this fact to against the Buyer .However , the risk of loss and deterioration shall pass to the Purchaser upon delivery of the ordered products . The Purchaser is obliged , therefore, to ensure , at its expense , products ordered , the Supplier of profit , by an ad hoc insurance until full transfer of ownership and  to justify it upon delivery . Otherwise, the supplier is entitled to delay delivery up to the presentation of this voucher . ;

4.5. Clause resolutive If within fifteen days of the implementation of clause 4.2 , above , Buyer has not paid any sums due, the sale will be canceled automatically and will open right to allocation of damages in favor of the provider . 

Article 5 - Terms of supply of Products / Services 

Products / Services requested by the Client will be provided within a maximum of 15 days of the receipt by the order of the Provider duly corresponding signed , accompanied by the payment due . This period is not a strict deadline and the Service Provider can not see its responsibility committed to the Client for delays in the supply of Products / Services not exceeding 20 days. In case of delay exceeds 30 days, the Customer may request cancellation of the sale . Installments paid him will be output by the Service Provider . The responsibility of the Contractor shall in no event be liable for any delay or suspension of the provision of the service attributable to the Customer , or in case of power majeure.Les Services will be provided at the place indicated on the order form .

Products of delivery will be at the place indicated on the order, Products traveling at the risk of the Purchaser. The Buyer is required to check the apparent condition of products upon delivery. Failing expressly made in writing reservations and accompanied by the delivery by the latter, on the day of delivery, the products delivered by the Supplier will be deemed to comply with quality and quantity to order. ownership transfer the products and transfer correlative risk of loss and damage thereto, the Purchaser will be made upon acceptance of the order by the Supplier, embodying the parties' agreement on the thing and the price and regardless of  the date of payment and delivery. in the absence of express reservations or claims issued by the customer upon receipt Services, these will be deemed to comply with the order, quantity and quality.

The Customer shall have a period of 7 days from the provision of the Services to transmit, in writing, of such reservations or claims with all supporting documents relating thereto , to the .Provider No claim will be validly accepted in case of non - compliance with these  formalities and time by the Client .  the Contractor shall reimburse or rectify the Customer ( wherever possible) in the most possible time and expense , according to the appropriate modalities and approved by the Customer Services  of which the lack of conformity has been duly proved by the Customer .  if a special request of the Customer regarding the conditions of provision of services , duly accepted in writing by the provider, the costs are will be invoiced additional specific , on estimate previously accepted by the customer . 

Article 6 - Liability of the Provider / Supplier - Warranty 

The Contractor warrants in accordance with legal provisions, the Customer, against defects in & nbsp; Compliance Services / Products and hidden defects, from a design flaw or provision of those services / products to the exclusion of any negligence or fault Customer the responsibility of the Contractor may be held liable in case of misconduct or neglect proven and is limited to direct damages, excluding any consequential loss of any kind. Products delivered by the Vendor have a contractual guarantee for a period of 8 days, from the date of delivery, covering the non-conformity of products to the order and any hidden defect from a defect material, design or fabrication affecting the delivered products and making them unfit for use. The guarantee form an indivisible whole with the product sold by the Supplier. The Product can be sold or resold altered, changed or modified. This warranty is limited to replacement or refund of non-compliant products or given a vice. 

Warranty is excluded in case of misuse, neglect or lack of maintenance from the Buyer, as in case of normal wear the product or force majeure.  In order to assert its rights, Customer shall, under pain of forfeiture of any action it reporting, inform the Contractor in writing of the existence of defects within a maximum eight days after their discovery.The Contractor will rectify or correct, replace or will replace, at its sole expense, along appropriate lines and approved by the Customer, the Services and / or products deemed defective. This guarantee also covers labor costs. Replacement of defective parts or products will not have the effect of extending the duration of the guarantee referred to above. The guarantee, finally, can only intervene if the products have been subject to abnormal use, or have been used in conditions different from those for which they were manufactured in especially in case of non compliance with conditions prescribed in the manual. She is inapplicable in case of damage or injury from shock, drop,neglect, lack of supervision or maintenance, or in case of transformation of product.  In any event, if the liability of the Provider is accepted, the warranty Contractor be limited to the net amount paid by Customer for the provision of services and or products. 

Article 7 - Intellectual property law

The Provider remains the owner of all intellectual property rights on the studies , drawings, models, prototypes , etc., made ​​(even at the request of the Client) for the provision of the Services / Products to Customer. The Customer is therefore prohibited any reproduction or exploitation of the studies , drawings, models and prototypes , etc., without the express, prior written the Provider may make it conditional on a financial contribution . 

Article 8 – Litigation

All disputes arising between the parties concerning this Agreement, its validity, its interpretation, performance or termination, shall be submitted to an arbitration procedure under the following conditions: Each party shall appoint one arbitrator. For if one of them refuses to do eight (8) days after formal notification by registered letter with notice & nbsp; receiving, the arbitrator appointed by the first party would rule as sole arbitrator. If both parties have appointed an arbitrator, they choose by mutual agreement in a within one month of the acceptance of their appointment, a third arbitrator who shall be the President of the Arbitral Tribunal. If they can not get there, it will be designated by the President of the Commercial Court ANNECY acting in chambers at the request of either party. The arbitrators shall act in law, first and last resort. The arbitration decision will be no appeal. Referees tasks will include, if necessary, assess the amount of damage suffered by either of the parties and the corresponding compensation. They will determine their sentence, the party bearing the burden of their fees. the arbitration procedure described above shall not apply if the dispute is to issue a sum less than 1000 euros. In this case, the dispute will be submitted to the competent court  in the ordinary conditions. All disputes arising from this contract could give rise concerning its validity, its interpretation, performance, termination, their consequences and their consequences will be before the competent courts in common law conditions. 

Article 9 - Contract Language

Applicable law By express agreement between the parties, these Conditions of Sale and purchase and sale transactions thereunder are governed by French law . They are written in French. In case they are translated into one or & nbsp; several languages, only the French text would prevail in case of dispute . 

Article 10 - Acceptance of the Customer

These Conditions of Sale are expressly approved and accepted by the Customer, who declares and admits having a perfect knowledge , and gives up, thereby to any contradictory document , including its own terms and conditions purchase , which will be void against the provider, even if he was aware.

Location of our etablishments in France : 
NOVAFIT
ANNECY

Head Office
3 Bis Rue de l’Egalité
ZA des Côtes 
74960 MEYTHET - FR

Tél : +33(0)4 50 45 04 02 
Fax : +33(0)4 50 51 81 06 
commercial@novafit.fr
NOVAFIT 
LA TOUR DU PIN

Workshop Production
13 Rue des Saules
38110 ST JEAN
de SOUDAIN - FR

Tél : +33(0)4 28 35 03 20 
Fax : +33(0)4 28 35 03 09 
info@novafit.fr