SAMR SAS Terms of sale

ARTICLE 1 – OFFERS VALIDITY:

Unless otherwise specified, prices and terms shown on SAMR SAS estimates are valid for a maximum period of one month over all items and total quantities offered.

 

ARTICLE 2 – PRICES:

Unless otherwise stipulated, prices given are net, EXW ICC Incoterms 2010, excluding VAT.

Carriage, special packaging, certificates, insurance costs, and particularly customs duty, are not included.

A standard administrative charge of €30 excluding VAT will be required for all orders with a total value less than €300.

 

ARTICLE 3 – ORDERS:

Orders received from clients do not constitute a firm sale until receipt of the order has been confirmed in writing by SAMR SAS.

A customer cancelling an order, for whatever reason, will be liable to pay an amount equal to the operational costs incurred in materials and hours worked, the whole being increased by 20%.

 

ARTICLE 4 – INVOICING:

SAMR SAS issues invoices on the date goods are shipped.

Unless otherwise specified, the invoicing will be made in function of the quantities manufactured by SAMR SAS to any order line over 10 quantities,(In the limit of more or less 10% of the parts manufactured by SAMR SAS to this order line).

Where no written agreement exists, payment of all invoices becomes due before shipping. A down payment of up to 100% of the total invoice amount may be required before the order is recorded, according to the nature of the items on order.

 

ARTICLE 5 – PAYMENT:

In case of delay or non-payment of an invoice is due, failure to pay will result in the immediate payment of all other pending bills, SAMR SAS and reserves    the    right    to    suspend    the    execution    of     current     orders     until     full     payment     bills     payable. Pursuant to article L.441-6 of the Commercial Code, penalties for late payment at the rate of 20%, and an allowance of € 40 are due to non-payment the day after the payment date on the invoice.

 

ARTICLE 6 – DELIVERY:

Sales are governed by ICC INCOTERMS 2010.

Unless otherwise indicated, the INCOTERM applied will be EX WORKS.

Unless the client has requested otherwise on ordering, goods will be packaged by SAMR SAS according to current professional practice.

A recipient may not make a claim against SAMR SAS for goods delivered when no defect is recorded on the delivery note issued to the carrier.

Unless agreed otherwise, our delivery schedules are given for guidance only. The purchaser may not take advantage of a delay to cancel an order, refuse the goods or claim a reduction.

 

ARTICLE 7 – STORAGE:

SAMR SAS will only store the goods invoiced, or goods that belong to the customer at the customer’s own expense and risk. In case of a deferred delivery, the SAMR SAS invoice will be issued on the original planned shipping date.

Unless otherwise stipulated, our items will be delivered with a coating of grease to protect them against corrosion for 3 months in storage, under shelter and in a non-aggressive atmosphere. The nature of the items, composed of multiple metals, and open, makes them susceptible to climatic variations (humidity and temperature). Given that their free state depends on climatic data, their dimensions are guaranteed under load.

 

ARTICLE 8 – GUARANTEE:

Where no defect is stated on the delivery note or communicated by recorded delivery letter with request for acknowledgement of receipt within a period of seven days, the purchaser will be held to have accepted sound, fair and merchantable goods in accordance with the order.

Items manufactured by SAMR SAS cannot be guaranteed against replacement or covered by a lifetime guarantee because of their specific nature, since they are subject to wear under normal usage conditions as part of a larger mechanism and are designed to fail first in case of damage or malfunction of the machinery as a whole.

 

ARTICLE 9 – LIMITATION OF LIABILITY

Notwithstanding anything to the contrary in the Contract, including all documents making part thereof, and to the maximum extent permitted by law, in no event shall SAMR SAS be liable to the Client by way of indemnity, or by reason of any breach of Contract or statutory duty or by reason of tort (including but not limited to negligence) for any loss of profit, loss of contracts, interruption or loss of production, loss of opportunity or business, indirect, punitive, special or consequential damages whatsoever that may be suffered by Client. Client further agrees to defend, indemnify and hold harmless SAMR SAS from any claim made by the End-User or Client’s customers for such losses.

The remedies of the Client set forth herein are exclusive, SAMR SAS's liability with respect to any contract, indemnity, tort (including negligence), under any warranty, strict liability or otherwise shall not exceed hundred percent (100%) of the contract price, unless claims arise from gross negligence or willful misconduct of the Seller or from the SAMR SAS’s legal liability for personal injuries.

 

ARTICLE 10 – OWNERSHIP:

SAMR SAS retains ownership of the delivered goods until paid for in full by the customer.

In case of implementing the guarantee, this guarantee cannot exceed the value of incriminated articles.

 

ARTICLE 11 – JURISDICTION:

The COMMERCIAL COURT OF TROYES France will have jurisdiction in case of any litigation or dispute arising from relations between SAMR SAS and its customer, even in case of a plurality of defendant.