Sales terms & conditions

The clauses set out hereunder are hereby notified to our customers and govern transactions between the parties. 

1. GENERAL

The conditions hereunder are stipulated by our company. Any modifications hereto must be set out in a written agreement. 
All orders received at BIENS (Kango) is considered as acceptance of these present  terms by the purchaser.

2. PRICES 

Our prices are quoted on an ex-works basis, excluding taxes. A 0.2 % CODIFA tax applies on our prices inside E.E.C. Invoices are drawn up on the basis of the price list applicable when the goods are delivered. Prices and delivery lead times stated  in quotations are valid for one month and changing circumstances may result in variations thereafter. 

3. TERMS OF PAYMENT 

Our invoices are payable by  account transfer with a term of 30 days except in the case of prior negotiation. There is a minimum of  50 Euros for all orders. 
Any overdue amounts are subject to late payment penalties of three times the legal interest rate. As these penalties are agreed by both parties they shall be applicable without formal notice. 
In the event that an instalment is not paid on time, the entire remaining balance shall automatically become due and deliveries shall be suspended. A global indemnity to compensate recovery charges of 40€ is in addition to this late payment penality, owed rightfully  from the first late day (Art D441 - 5 from Trade Code - Decree from 2nd October 2012).

4. TECHNICAL SPECIFICATIONS 

All characteristics, dimensions, weight, etc., listed in our documentation are for information only. We reserve the right to make any changes we deem necessary to our products. 

5. DELIVERY LEAD TIME 

Delivery lead times are given for information only and shall not be binding. Lead times are calculated from the date of the order acknowledgement. Under no circumstances shall any delays entitle the customer to cancel an order or claim any allowances or penalties. 

6. DELIVERY, TRANSPORT, TRANSFER OF OWNERSHIP 

Our goods, even when sold inclusive of delivery costs, are shipped at the recipient's own risk. 
In the event that the goods ordered are damaged during transport and the said goods are not delivered by us, the recipient shall be responsible for filing a written claim against the carrier within 7 days of receiving the goods. Apparent damage must be indicated on the delivery notes at the time of reception. 

7. COMPLAINTS 

Any complaints relating to the condition or quantity of goods, excluding any transport-related claims, shall be filed immediately upon delivery or upon collection from our plant. 
Our liability as regards the quality of goods shall be limited to the simple replacement of any parts agreed to be defective. Orders for non-standard parts may not be cancelled for any reason whatsoever once the said orders have been processed. 

8. RETURNS 

No goods may be returned without our prior approval expressly formulated by our company. Packaging and transport costs shall be borne by the purchaser. Requests to return goods shall be made within 8 working days of the goods being received by the purchaser. Goods returned must be in strictly new condition. 

9. EXECUTION OF ORDERS 

We shall be relieved of our obligation to deliver in the event of an Act of God or any situation beyond our control including strikes, rioting, fire, flooding or serious accidents involving the machinery in our manufacturing plants. 

10. JURISDICTION 

All disputes arising out of or in connection with the present contract shall be finally settled under the rules of arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. 

11. PRIVATE UNDERSTANDINGS 

Any private understandings and any waivers to these general conditions must be specifically set out in writing. All the general conditions defined herein and not expressly modified or revoked by any specific agreement shall retain their full and entire effect. 

12. OWNERSHIP CLAUSE 

In accordance with the French law dated 25 January 1985, we retain ownership of our goods until full payment for the said goods has been received. 
The purchaser personally undertakes not to dispose of the goods purchased by any means whatsoever, either in full ownership or as collateral, until the price has been paid in full. 
Should the purchaser refuse to return any unpaid goods, a simple summary order shall be sufficient to dissolve the sale and authorise the repossession of the said goods. 
Any down payments received shall be retained as damages. 
Despite the ownership clause, all risks relating to transport or which may arise after taking possession of the goods shall be assumed by the purchaser, who should take out appropriate insurance at its own expense.