General sales conditions

GENERAL
Our sales are governed by the present terms and conditions.  
These terms and conditions take precedence over all purchasing conditions, except as agreed by us in writing.

SALES PROPOSALS - QUOTES
Our sales proposals are valid for 3 months from the date they are written, unless otherwise stipulated in writing.  Package sizes and weights in our proposals or in product instructions are given for information purposes only and cannot be considered binding.

ORDER VALIDITY
An order received from the purchaser will be reputed accepted by CASTEL once an order acceptance has been issued.  The present terms and conditions are printed on the back  of the order acceptance and are considered to be accepted without reserve by the purchaser. A contradictory clause will only be considered opposable if it is accepted in writing and without reserve by CASTEL.

PRICE - INVOICING
Unless otherwise agreed, our prices are stated before tax and exclusive of postage and packing. Unless otherwise confirmed in writing, prices invoiced will be current as at the date of dispatch.

TRANSPORTATION AND RECEIPT OF GOODS
Dispatch is at the buyer or consignee’s risk in all cases, including carriage-paid deliveries.
As required by article 105 of the Commercial Code, all damage must be notified by the consignee to the transporter on receipt of goods.

GENERAL
Our sales are governed by the present terms and conditions.  These terms and conditions take precedence over all purchasing conditions, except as agreed by us in writing.

DELIVERY
Regardless of the destination of the goods and of terms and conditions, goods are considered to be delivered either when they are given directly to the purchaser, when notification is given that they are available at our premises or when they are handed over to a transporter.

DELIVERY TIME
Delivery time is calculated from the time when the order acceptance is sent or from  when any additional technical information necessary to fulfil the order is received.  
Delivery times are given for information only. Delivery delays will not give rise to the cancellation of the order with CASTEL being held at fault or to the payment of any indemnity whatsoever. Furthermore, we decline all responsibility for contractual obligations which may be differed or not completed due to cases of force majeure (war, epidemic, fire, industrial action, etc). In such a case, our company would do everything in its power to fulfil its obligations within the shortest possible time.

PAYMENT TERMS - PENALTIES
Invoices are payable at Saumur, France.
Except as otherwise expressly agreed by CASTEL, invoices are payable before dispatch of the goods.
We reserve the right to deliver part orders, and to issue corresponding partial invoices.   
Should the client default on any payment due, all future payments will be considered due immediately, even if bills of exchange have been issued.   CASTEL will not then be bound to honour subsequent deliveries, including those relating to separate orders. In addition to return carriage and any repair or reconditioning costs relating to equipment, the client will also be liable for a cancellation penalty calculated at 15% of the sales price of the equipment before tax.  
CASTEL reserves the right to act to pursue specific performance. In all instances, collection charges will be paid by the debtor.  
Additionally, as a penalty clause and in accordance with law 92-1442 of 21 December 1992 (amended) the buyer will be automatically liable to pay a late payment penalty calculated by applying 3 times the legal interest rate to the total amount due.  
Penalties are calculated based on amounts due before tax, but are subject to VAT.

TITLE RETENTION CLAUSE
Goods remain the property of CASTEL until payment is received in full. Defaulting on a payment may lead to action being taken to recover the goods.   
In accordance with the law, despite the above clause the risk of loss or damage to or caused by the goods sold is transferred to the purchaser at delivery.

USE OF SOFTWARE
Sales by our company are subject to the present conditions.  All software and related documentation distributed by way of an order are either owned by CASTEL or are the intellectual property of a third party that has authorised CASTEL to distribute the product.  
Consequently, the fact that the material is made available to a client only entitles said client to personal usage rights.  The client undertakes not to reproduce, modify or integrate this material into another programme, including programmes supplied by CASTEL, and not to reproduce or distribute documentation to third parties either free of charge or in return for payment. No usage guarantees are given, and in particular no undertaking is given as to the appropriateness of the software for the professional usage envisaged by the client

GARANTEE
Material sold is covered by a 12 month factory guarantee covering all operational defects originating from a material, manufacturing or design fault.  The guarantee runs from the time the material is installed, so long as this is within 2 months of the date that it is made available to the purchaser.
All repairs are guaranteed for 6 months.
Software is guaranteed for 6 months.
The guarantee covers the replacement or repair of faulty parts or sub-assemblies, at our discretion, or failing this the reimbursement of their purchase price, and excludes any compensation for loss of use of the material. Once our company has fulfilled its obligations under the guarantee, no appeal may be made against us. The guarantee will in no circumstances apply to sums in excess of the price invoiced.
Repairs arising from normal wear and tear, lack of maintenance or monitoring, transport, warehousing, faulty installation or any non-standard usage are not covered by the guarantee.  
We will not be held responsible for any problems or incidents following incorrect installation by third parties, incorrect use of our equipment or materials, and in particular incorrect connection or assembly or lack of maintenance.  CASTE L may under no circumstances be held responsible for indirect loss (operating loss, loss of files, loss of time or working time, financial prejudice, loss of clients, etc).
The client is responsible for the cost and risk of dispatching material to CASTEL during the guarantee period. Material is returned at the purchaser’s risk.

SETTLEMENT OF DISPUTES
In case of dispute, whatever the cause, and if an amicable solution cannot be found between the parties, the Angers Commercial Court will have sole jurisdiction, even where the client’s letters or orders state otherwise, and notwithstanding claims from contributions from third parties or the multiplicity of defenders.