General terms and conditions of sale.
1. General information.
These general terms and conditions of sale apply to spare parts and consumables (also referred to as "supplies"), and services, present or future, marketed by our company CAZENEUVE SA (also referred to as "seller") to its professional or private customers (also referred to as "buyer").
Unless otherwise agreed in writing, any order placed with CAZENEUVE SA implies acceptance of our general terms and conditions of sale as defined below, to the exclusion of any other terms or conditions that the purchaser may attempt to impose on any type of document. Until final acceptance of the order by CAZENEUVE SA as defined below, the latter reserves the right to modify or refuse in part or in whole any order from a customer. All other provisions of the purchaser's general conditions of purchase are null and void. The sales contract shall only become binding after receipt by CAZENEUVE SA of the order acknowledgement signed by the customer and/or the receipt of the deposit and the financing agreement if necessary.
Any modification of the sales contract requested by the customer will be the subject of a new sales contract following the same procedure as defined above.
Any verbal or telephone order must be the subject of a signed written confirmation by the buyer. The buyer is required to mention on his order forms the reference to the offer made, the types, references, quantity, price and technical characteristics as they appear in the catalogues, price lists or offers of CAZENEUVE SA.
The sales contract is perfect only subject to express acceptance of the order by the seller and payment by the buyer of the first term in accordance with the contractual conditions.
The data appearing in the catalogues, technical descriptions, circular prospectuses, advertisements and price lists, are approximate indications and are only binding if the contract expressly refers to them.
The studies, quotes, plans, drawings and documents of any kind drawn up by CAZENEUVE SA or its factories are provided for information only and are only binding on the supplier if they become contractual and are duly signed. They remain our exclusive property. They cannot be, without our authorization given in writing, used by the buyer, neither copied, nor reproduced, nor transmitted, nor communicated to third parties for any reason whatsoever. They must be returned on simple request from us.
CAZENEUVE SA reserves the right to modify its range even after order confirmation to take account of progress and technical developments that have occurred in the meantime.
Our offers are valid within the limit indicated on them.
Buyer may select spare parts, repair services and training services for "CAZENEUVE" brand machine tools from Seller's product range and accumulate these items in a virtual shopping cart by using the " Add to Cart ". If the "Order" button is used, the buyer submits a binding request to purchase the goods and services contained in the basket. Before sending the order, the buyer can consult and modify his data at any time. However, the request can only be submitted and transferred if the buyer accepts the terms and conditions of this contract by checking the box "I have read and I accept the general conditions", thus including them in his request.
The seller automatically sends the buyer a confirmation of receipt of the order by e-mail, which contains a copy of the buyer's order and can be printed using the "Print" function. An automatic acknowledgment merely documents receipt of the buyer's order by the supplier and does not constitute acceptance of the order. The contract does not exist until the supplier sends a notification of acceptance in a separate e-mail (order confirmation).
The buyer can view previous orders in his customer account.
The language of the original contract is French.
All prices shown on the seller's website are subject to VAT at the current rate.
Les photographies et images présentant les produits à vendre sur ce site internet sont fournies à titre illustratif uniquement et ne revêtent aucun caractère contractuel.
Les photographies des produits sont publiées dans le but d’illustrer visuellement les produits offerts à la vente. Elles ont pour objectif de donner aux utilisateurs une idée générale de l’apparence des produits. Les photographies des produits peuvent ne pas refléter exactement l’apparence, les dimensions, les couleurs, les caractéristiques ou d’autres aspects des produits tels qu’ils seront effectivement livrés. Les variations peuvent exister en raison de facteurs tels que l’éclairage, la résolution de l’écran de l’Utilisateur, la fabrication, ou d’autres circonstances.
L’utilisation des photographies des produits sur ce site internet ne constitue en aucun cas une offre contractuelle ou une garantie de la part de CAZENEUVE S.A. Les utilisateurs sont expressément informés que l’apparence ou les caractéristiques réelles des produits peuvent différer de celles présentées sur les photographies des produits.
CAZENEUVE S.A décline toute responsabilité en cas de différence entre les photographies des produits et les produits réels vendus. Les utilisateurs sont encouragés à poser des questions, à obtenir des éclaircissements et à vérifier toutes les informations nécessaires avant de procéder à un achat.
3. Terms of payment – late payment.
Payments are understood to be net and without discount at the domicile of CAZENEUVE SA. Payments in installments can however be offered by PayPal. In this case, CAZENEUVE declines all responsibility in the event of a dispute in connection with this method of payment.
Unless otherwise specified, the terms of payment are as follows:
Spare parts: payment in advance.
Acceptance by us of payment by draft does not constitute either novation or derogation from the above clause. The costs of discount and collection remain the responsibility of the buyer. Items sent to the buyer for acceptance must be returned to us within 8 working days of receipt.
In the event of late payment, we reserve the right to charge late payment interest calculated at the rate of 3 times the legal rate and deducted from the day following the date of payment appearing on the invoice, without the need for a reminder. . In addition, a fixed compensation of €40 will be due for recovery costs, which may be increased on receipts if the recovery costs were higher than this sum. This amount will be immediately payable from the first day of overdue, in accordance with Articles L. 441-6 and D. 4415 of the Commercial Code.
The customer can only assert a right of retention or a right of set-off if he proves against the seller an indisputable claim or an enforceable title.
4. Late Payment on Installment Payments.
In the event of installment payments expressly agreed with CAZENEUVE SA, any delay in payment of one of the installments entails ipso facto, without prior formal notice, the payment of all sums due. Failure to pay an invoice on its due date suspends any subsequent delivery by CAZENEUVE SA and authorizes CAZENEUVE SA to terminate the contract as of right and without prior notice, by simple notification.
5. Retention of title clause.
Pursuant to Law No. 80.335 of 12.05.1980, the seller remains the owner of the equipment delivered until full payment of the full price regardless of where the equipment was delivered. Any clause to the contrary, in particular inserted in the general conditions of purchase of the buyer, is deemed unwritten.
The customer is authorized, in the normal exercise of his activity and subject to regular payment and due date of all his invoices, to sell the supplies subject to retention of title. In the event of transfer of supplies subject to retention of title, the customer undertakes to inform, in writing, its own customers and all third parties concerned of the existence of this clause and of the seller's right to claim from their hands the price resale of these supplies under article L.624-18 of the commercial code.
In the absence of payment of a single fraction of the price on the agreed due dates and 15 days after formal notice, by simple registered letter with acknowledgment of receipt which has remained unsuccessful, the sale will be automatically canceled if we see fit. The seller may immediately recover all the supplies concerned without any particular formality and without prejudice to any damages.
After returning or taking back the supplies sold subject to retention of title, the seller shall be entitled to resell them; from the resale of this assignment will be deducted the sums due by the customer as well as all the costs generated by the recovery and then by the assignment.
All costs and expenses related to the recovery of supplies or the collection of receivables will be borne by the customer. In the event of deterioration of the supplies taken back, the seller will be entitled to request the payment of compensation to cover the repair costs.
The following conditions apply with regard to the delivery time, delay in delivery, guarantee and transfer of risks relating to the delivery and, where applicable, the assembly of spare and spare parts (hereinafter “Parts”) ordered outside of the execution of all Repair Work / Services provided by CAZENEUVE SA:
The responsibility for the specification and technical description of the Parts to be delivered by CAZENEUVE SA rests with the customer. Any indications or advice from CAZENEUVE SA relating to the choice of appropriate spare or spare parts are given for information only insofar as CAZENEUVE SA accepts the customer's order without having assessed the object / machine on which the Part must be mounted.
Delivery times run from the later of the dates below:
– date of collection of the payment of the totality or the deposit by our financial department;
– date of return by the buyer of the order acknowledgment with his signature and stamp.
Delivery dates are given for information only and are understood to be ex works.
The seller is automatically released from any commitment relating to the execution time in the case:
– where the order acknowledgment has not been returned by the buyer with his acceptance;
– where the terms of payment are not met;
– where information, documents, equipment or test parts have not been provided by the buyer in due time;
– where, at the request of the buyer, modifications are made during the execution of the order;
– force majeure.
CAZENEUVE SA cannot be held responsible for a postponement, for the non-execution, in whole or in part, of the contract insofar as a case of force majeure or fortuitous event, beyond our control, occurs after conclusion of the contract. In particular, are considered as cases of force majeure, natural disasters, floods, fires, earthquakes, terrorist attacks, social unrest, strikes - including within the premises of the buyer or third parties as soon as when these are likely to have repercussions on our services - as well as the measures taken by the government.
It being understood that we will send, at the request of the buyer, all the necessary supporting documents and certificates.
7. Transfer of Risk.
Transport, handling and fitting out operations are in all cases at the expense and expense, risk and peril of the buyer, even if the operation was carried out free of charge. Thus, it is up to the latter to check the shipments on arrival and, in the event of damage to the supplies delivered or missing items, to make all the necessary, clear, precise and complete reservations with the carrier, within a maximum period. of 48 hours.
Shipments are only insured against transport risks at the express request of the buyer.
CAZENEUVE SA reserves the right to determine the most appropriate type of packaging for its goods. Any special packaging required by the customer will be charged in addition to the normal selling price.
In the absence of a contrary agreement, the services will be accepted as soon as they are completed. Spare parts will be accepted upon delivery. The acceptance of an order for spare parts by the seller does not engage his responsibility on his choice if he has not appraised the machine on which the parts must be mounted. Any indications or advice from the seller relating to the choice of spare parts are given for information only.
In the event that the service or the spare part does not comply with the contractual stipulations, the seller will be required to remedy the lack of conformity. No claim may be made by the customer in this respect if the defect is insignificant with regard to the interests of the buyer or if this defect proves to be attributable to the buyer. The buyer cannot refuse acceptance in the absence of a major defect.
In the event that acceptance is delayed without this being attributable to the seller, acceptance will be deemed to have been made at the end of a period of 15 days from the announcement of the completion of the work.
Once acceptance has taken place, no claim can be presented to the seller for apparent defects, provided that the customer has not previously expressed reservations about a precisely identified defect.
10. Special case and return of spare parts.
Repair, renovation of supplies in the seller's factory:
In the event that it proves necessary to transport the supply to the seller's factory, in order to carry out the work necessary for its repair or renovation, the costs related to the transport and handling of the supply will be borne by the customer. under the conditions of article 7 above.
The supply to be repaired is not covered by any insurance for the duration of the operation. It is the buyer's responsibility to ensure that the supply continues to be insured during this period against damage such as, for example, fire, flooding, storms and breakage. It is only at the express request and at the expense of the buyer that the seller will take out insurance against these dangers.
In the event of a delay in the resumption of the supply, either after repair or following the cancellation of the contract, the seller will be entitled to invoice the customer for all storage costs. If necessary to store the supply in another place, the cost and the risks of the transfer of the supply will be supported by the customer.
Supplies known as “standard exchanges”: the term “standard exchange” designates the replacement of a used or worn part, sub-assembly or assembly by its equivalent refurbished in the seller’s factory. The prices indicated by the seller for these supplies only apply on the condition that the buyer returns to the seller the equivalent part that is used and capable of being repaired. If the used supply is not received by the seller within 15 days of receipt of the standard exchange part, the seller shall be entitled to demand payment of the price of the equivalent new supply. The costs related to the transport and handling of the supply will be borne by the customer according to the conditions of article 7 above.
Return of unused supplies:
Due to the seller: given the many parameters that the seller cannot reasonably control at the time of the diagnosis carried out prior to the establishment of the estimate, certain parts, present in our offers, may ultimately not be used. These supplies will be taken back by the seller provided that they:
– have not been used or fitted, even for a brief test;
– retain their original packaging;
– are returned to the seller, within a maximum period of 15 days;
Due to the buyer: in the event that the buyer wishes to return the supply for reasons other than those provided for in articles 6 and 12 of these conditions, the seller reserves the right to apply to the customer the costs relating upon receipt, verification and storage of the parts concerned. These costs amount to 10% of the amount of each piece.
In all cases, the costs related to the transport and handling of the supply will be borne by the customer according to the terms of article 7 of these conditions.
Services are understood to mean all interventions by the seller on the premises of the buyer relating to the start-up of machines, repairs, maintenance or any other services requiring the skills of the seller.
The buyer undertakes to provide, if necessary, assistance (staff, tools, lifting, etc.) for the proper performance of the services.
The buyer is obliged to provide in good time, at his own expense and risk, for all preliminary work. He must also respect all the recommendations issued by the seller, ensure the safety of the workers and offer suitable working conditions at the place of intervention. As such, the buyer undertakes, among other things, to clean the elements on which operations must be carried out. In the absence of a prevention plan drawn up beforehand between the parties, the buyer must also inform the technicians involved of the general and/or specific safety instructions in force within his company.
The services included in our prices, such as the commissioning of machines, tests, training, or any other service requiring our skills, are carried out by the seller's staff according to the agreement concluded when the order is placed. The staff is only delegated to the buyer after notice from the latter that the supply has been brought to work and that the preparatory work has been fully completed. The duration of the service provision is estimated according to the importance and complexity of the work to be carried out. All work and additional costs related to malfunctions, work interruptions, postponements due to the purchaser resulting in an extension of the duration provided for the performance of services, will be invoiced in addition to the purchaser under the conditions in force at the time of of these services. Insofar as this period is exceeded by us, we will bear the costs resulting from the intervention of our employees.
Services not included in our prices are the subject of an offer. The duration of the intervention is estimated according to the importance and complexity of the service. Given the many parameters that the seller cannot reasonably control at the time of the diagnosis carried out prior to the establishment of the estimate, we are subject to an obligation of means. Consequently, certain services may include work and/or additional parts which will be the subject of a specific mention, subject to approval and attributable to the buyer without the initial offer being called into question.
In the event that the service cannot be provided for reasons not attributable to the seller, in particular when:
– The malfunction or breakdown for which our staff travels, does not occur or cannot be observed;
– The customer has not kept the appointment agreed for the performance of the services;
– The customer terminates the contract while the service is being performed;
The seller reserves the right to invoice all costs incurred for its execution.
Upon completion of the services, and in any event at the end of each working week, the buyer must verify and countersign the certificates, intervention reports, relating to the qualitative and quantitative details of the service provided by our cares.
In the event of an incident or accident occurring on the buyer's or seller's premises, the seller's liability is limited to its own personnel.
12. Contractual guarantee in mainland France.
Except under special conditions, for 12 months (3 months for standard, rebuilt or second-hand exchange supplies) from receipt of the supply (provided that this takes place within 15 days of commissioning and 30 days following the delivery of the equipment), the seller undertakes to carry out, free of charge, any repairs which may prove necessary to maintain the supply in good working order.
The buyer will nevertheless be responsible for the transport costs if the supply can only be repaired in our workshops.
If, at the time of the implementation of the guarantee, the supply is no longer on the delivery site, the travel costs of the seller's staff will be borne by the buyer.
The responsibility of the seller cannot be sought for visible defects, the buyer must proceed upon receipt of the equipment to all the technical controls in use.
This warranty, which is granted only to the purchaser and which does not extend to persons to whom he may transfer the supply for any reason whatsoever, is limited to the replacement during the periods defined above, of the parts recognized as defective, the seller reserving the right to modify the devices in order to satisfy this warranty or to replace the parts recognized as defective. Parts that have been replaced free of charge remain our property. The buyer must give us the time and the opportunity to make any changes or deliver the replacement supplies that appear necessary. The buyer will make available, on request, the necessary personnel to help the seller in this work.
Repairs, modifications or replacement of parts during the warranty period shall not have the effect of extending the warranty periods defined above.
The warranty ceases automatically if the buyer undertakes, on his own initiative or with the help of a third party, repair work or makes changes to the equipment supplied.
The benefit of the guarantee necessarily ceases if the buyer has not satisfied his payment obligations.
Similarly, the warranty does not apply to replacements or repairs resulting from deterioration or accidents resulting from negligence, defective assembly, lack of supervision and/or maintenance, improper use. intentional or inadequate material, improper maintenance, unsuitable foundation work or support, chemical, electrochemical or electrical factors, insofar as these are not attributable to the seller.
The seller is not liable for the consequences of normal wear and tear of its supplies.
Furthermore, we cannot be held responsible for machine stoppages in the event of a shortage of spare parts whose wear is normal and foreseeable, insofar as the buyer will not have acquired spare parts for our equipment.
13. Legal warranty.
The preceding provisions are not exclusive of the benefit for the benefit of the buyer of the legal guarantee for defects and hidden defects.
14. Electronic waste.
In accordance with article R 543-195 of the environment code relating to the removal and treatment of waste from professional electrical and electronic equipment (EEE), the organization and financing of the removal and treatment EEE waste covered by the sales contract concluded with CAZENEUVE SA is transferred to the customer who accepts them. The customer ensures the collection of the EEE objects of sale, their treatment and their recovery, in accordance with articles R 543-200 and R 543-201 of the environment code. The aforementioned obligations must be transmitted by successive customers to the end user of the EEE.
15. Termination of Order.
Any order cancellation by the buyer must be subject to a compensatory indemnity. This indemnity is 15% for a cancellation received within the first third of the contractual period, 30% for a cancellation received within the second third and 45% for a cancellation received beyond the second third of the contractual duration.
The seller reserves the right to terminate an order if it appears that, for reasons in particular technical, its realization proves impossible, if the buyer requests technical modifications or changes in delivery time that the seller deems unacceptable.
For disputes with a French buyer, the Commercial Court of the seller's registered office has sole jurisdiction.
Disputes with a foreign buyer will be, unless otherwise specified, subject to the rules of French law.
Given the customer's status as buyer, the total liability of CAZENEUVE SA with regard to the latter under these general conditions of sale, whether contractual, tort or quasi-tort and regardless of the number incidents, will be limited to 100% of the purchase price of the parts or machines concerned as defined in clauses 2 and 3 hereof.
Under no circumstances will CAZENEUVE SA be liable for consequential damages and economic losses, and in particular operating losses, loss of profit, loss of use and loss of contracts, which the buyer expressly accepts.
The liability of CAZENEUVE SA in the event of:
a) damage caused intentionally by CAZENEUVE SA or its employees or as a result of gross negligence;
b) death or personal injury;
is neither excluded nor limited by these general conditions of sale.
The buyer agrees that CAZENEUVE SA will not assume any liability, of any nature whatsoever and for any reason whatsoever, other than that defined in these general conditions of sale.
18. Personal data.
The information collected by the seller from its customers may be subject to computer processing. In accordance with the Data Protection Act, the customer has several rights with regard to the information concerning him, which he can exercise by sending his request to the following address: firstname.lastname@example.org