Applicable as of 01.01.2021
The following terms and conditions attached to the contract, prevail over any documents provided by the Buyer, its agents, carriers, which are not signed by the Seller. Any contract modifications have to be validated and signed by the Seller.
Weights, technical characteristics, prices, performances and other information provided by Circé in catalogues, leaflets, advertisements, price lists or any other type of document are indicative. The data provided only become binding if they are mentioned in the contract.
Offers are based on the specifications given by the Buyer. The Seller is bound by the written commitments on its letterhead. Unless otherwise agreed, the validity of the offer is three (3) months. We reserve the right to update our prices in the event of a variation of more than 5% in the price of raw materials (copper, aluminium, steel) between the date of the offer and the date of supply of the products.
Commitments from both parties shall be performed according to the terms of the contract and in good faith. Any modification shall be made in writing with an amendment accepted by the Seller.
Unless otherwise agreed, prices are exclusive of tax, for material without specific packaging and according to the delivery conditions
indicated on the order confirmation. They do not include taxes, additional costs or fees of any kind payable outside France. Unless
otherwise stipulated, the prices are expressed in the legal currency of France. For any order with a net amount below 200 euros, a
contribution to delivery costs will be applied.
5.1 Payment terms
In accordance with the law n° 2001-420 of 15 May 2001, the payment shall be received by the Seller no later than the 60th net day following the date of availability, unless otherwise agreed in writing by the parties. Under no circumstances may the contractual date of payment be unilaterally challenged by the Buyer, under any pretext whatsoever, including in the event of a litigation. Advance payments shall be made without discount, unless otherwise agreed in writing.
5.2 Late payment
In accordance with the laws n° 2001-420 of 15 May 2001, n°2008-776 of 4 August 2008, and n°2012-387 of 22 March 2012, any delay in
payment shall be subject, without prior notice, to the application of a late payment interest of 1.5% per month of delay. In the event of late
payment, the Seller shall have a right of retention on the manufactured products and related supplies.
5.3 Direct debits
The Buyer is prohibited from any illegal practice of automatic debit or credit and, more generally, from charges that have not been accepted
previously by the Seller.
The delivery time shall start from the day on which the conditions necessary for the performance of the contract are met. The Seller is
automatically released from any commitment relating to delivery times in the event that the Buyer does not comply with one or more of its
obligations under the contract, or in the event of force majeure or events or causes beyond the Seller's control that make the normal
performance of its obligations impossible. The Seller, as far as possible, shall keep the Buyer informed of such events in appropriate time.
Penalties for delay are only payable if agreed in writing by the Seller, and are exclusive of any remedy to which the Buyer may be entitled.
Unless otherwise agreed, the Seller offers a 12-month warranty from the date of manufacture. The warranty includes the electrical warranty
and covers, at the Seller's discretion, defects in raw materials or manufacturing.
To invoke the warranty, the Buyer must notify the Seller within eight (8) days, in writing, the defects it attributes to the product, and specify
the operation conditions when identifying these defects. After this period, the warranty can no longer be invoked.
The warranty consists solely, at the Seller's option, of the repair or replacement of products recognised as defective by the Seller, in its
workshops. It does not cover travel, transport and shipping costs, neither the costs of removal and re-installation such as handling costs.
The Seller is not bound to take back any goods returned for a reason for which the Seller is not responsible. In the event that it accepts, on an exceptional basis and only within a period of six months from the invoicing date, the return will be made at the invoiced price less 80%
and costs of rehabilitation. The physical return of the goods will only take place after acceptance by the Seller of a return form issued by the
Buyer, stating the description of the goods and the reasons for their return to the Seller. The goods shall be returned to the Seller in
accordance with INCOTERM DDP Delivery Duty Paid (edition 723 - ICC 2020).
Neither party to this contract shall be liable for its delay or failure to perform any of its obligations under the contract if such delay or failure
is the direct or indirect effect of a case of force majeure, understood in a broader sense than the French law such as: the occurrence of a
natural disaster, earthquake, storm, fire, flood, conflicts, war, attacks, labour disputes, total or partial strikes, imperative injunction of the
public authorities (import ban, embargo), operating and transport accidents, machine breakdowns, explosion, serious deficiencies of suppliers. Each party shall inform the other party immediately of the occurrence of a case of force majeure of which it is aware and which, in
its opinion, is likely to affect the execution of the contract.