General conditions of sale
GCS France Aliplus
General conditions of sale France Aliplus
The establishment of contractual relations with FRANCE ALIPLUS implies unreserved acceptance of these T & Cs.
Relations between FRANCE ALIPLUS and the Customer are exclusively governed by these GTCS which prevail over all other conditions, with the exception of those expressly accepted in writing by FRANCE ALIPLUS.
Predictable delivery date, bearing in mind that delivery times are only given as an indication and therefore have no contractual value:
Payment terms: upon receipt of the invoice. FRANCE ALIPLUS
In the event of delay or default in payment, the customer will automatically be liable for late payment interest calculated on all the sums remaining due at the interest rate applied by the European Central Bank to its most important refinancing operation. recent plus 10 percentage points on the expiry date of the applicable payment term. Interest will begin to run from the day following the due date shown on the invoice and will continue to run until the day of full payment of all sums due to the creditor.
General conditions of sale
The terms defined as follows apply to these general conditions of sale (“GTC”). “FRANCE ALIPLUS”: the SARL with a capital of 30,000 Euros, whose registered office is at La Forêt, Neuilly en Donjon 03130, registered in the Trade and Companies Register of CUSSET RCS 793 900 226.
“Customer”: any company in relation with the FRANCE ALIPLUS company with a view to the supply of Product (s) and / or services.
“Product (s)”: any Product supplied or services by FRANCE ALIPLUS.
“Parties”: the Customer and the FRANCE ALIPLUS company. To obtain your increased cereals for your breeding, 3 solutions are available to you depending on whether or not you have your own grinding / mixing means or not and depending on whether you have cereals. on the farm or not:
- 1. ACCEPTANCE, APPLICATION AND ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE
The establishment of contractual relations with FRANCE ALIPLUS implies unreserved acceptance of these T & Cs. Relations between FRANCE ALIPLUS and the Customer are exclusively governed by these GTCS which prevail over all other conditions, with the exception of those expressly accepted in writing by FRANCE ALIPLUS.
- 2. ORDERS
The order must be in writing. FRANCE ALIPLUS is not bound by orders until written confirmation of their acceptance. In the absence of such confirmation, FRANCE ALIPLUS cannot be bound by any commitment. Orders, from the confirmation of their acceptance by the customer, can only be modified or canceled with the express written consent of FRANCE ALIPLUS, all costs and charges arising therefrom being borne by the Customer. Product developments and improvements allow FRANCE ALIPLUS to make any modification it deems useful to the Products, without any obligation to modify the Products previously delivered or in the process of being ordered.
- 3. DELIVERY
3.1 – The delivery terms are defined according to the terms of the order confirmation sent to the Customer.
3.2 – FRANCE ALIPLUS may automatically, without any formality, suspend any delivery in the absence of complete performance by the Customer of all or parts of its obligations.
3.3 – As delivery depends on supplies and transport conditions, delivery times are only given as an indication and therefore have no contractual value. The Customer may not postpone a delivery date beyond 30 days, except with the express prior written consent of FRANCE ALIPLUS and possible invoicing to the Customer of the costs generated by this postponement. Unless specifically agreed, the postponement of a delivery does not entail an extension of the expiration period of the Products.
3.4 – Exceeding the delivery time may not give rise to damages, withholding or cancellation of orders in progress.
3.5 – However, if the Product has not been delivered within the month following the date initially confirmed by FRANCE ALIPLUS and then a formal notice remained unsuccessful, and in the absence of a case of force majeure, the sale will be canceled. at the request of the most diligent Party and without compensation or damages.
3.6 – In the event of the occurrence of circumstances preventing the normal performance of FRANCE ALIPLUS ‘obligations, even if these circumstances do not constitute a case of force majeure, FRANCE ALIPLUS may suspend the performance of its obligations for the duration of these circumstances. , subject to informing the Customer. If these effects were to last beyond 30 days, the Customer will have the option of resolving any order not delivered under the conditions of Article 3.5 above. This article refers in particular to civil or foreign war, insurgencies, riots, civil unrest, acts of terrorism, strikes, lock-outs, social unrest, natural elements, natural disasters, blockades, embargo, insufficient supplies, any act of a government or national or international public authorities, any laws and regulations, any difficulties in obtaining raw materials, energy sources, equipment or means of transport.
- 4. RISKS
The delivery of the Products, as defined in these T & Cs, transfers risks to the Customer. It is up to the Customer in the event of damage or missing items, to make all necessary findings on the transport document and to confirm their reservations by registered letter with acknowledgment of receipt to the carrier within 48 hours after unloading the goods.
- 5. RECEPTION
Les réclamations sur les vices apparents ou sur la non-conformité des Produits livrés doivent être formulées par lettre recommandée avec accusé de réception dans les 8 jours de la réception des Produits. Complaints about apparent defects or non-conformity of the Products delivered must be made by registered letter with acknowledgment of receipt within 8 days of receipt of the Products. A défaut de réclamation dans ce délai, le Client est réputé avoir réceptionné les Produits livrés sans aucune réserve et renoncé à toute réclamation. In the absence of a complaint within this period, the Customer is deemed to have accepted the Products delivered without any reservation and waived any complaint. Il appartiendra au Client de fournir toute justification quant à la réalité des vices ou anomalies constatés. It will be up to the Customer to provide any justification as to the reality of the defects or anomalies observed. He must leave everything to FRANCE ALIPLUS to establish these defects in order to remedy them and will refrain from intervening or involving a third party for this purpose, except with the express written consent of FRANCE ALIPLUS.
- 6. RETURN
Tout retour de Produit doit faire l’objet d’un accord exprès écrit de FRANCE ALIPLUS. Any Product return must be the subject of an express written agreement from FRANCE ALIPLUS. In the event of apparent defects or non-conformity of the delivered Products giving rise to a complaint under the conditions provided for in Article 5, FRANCE ALIPLUS may decide to proceed with the immediate replacement of the defective Products (this decision in no way entails recognition of the merits of the complaint) and request the total or partial return of the Products claimed to be defective. A défaut de retour des Produits ou de production d’un certificat attestant de leur destruction, les Produits fournis en remplacement seront facturés au Client qui s’engage à en payer le prix. In the absence of return of the Products or production of a certificate attesting to their destruction, the Products supplied as a replacement will be invoiced to the Customer who undertakes to pay the price thereof. The Products can only give rise to free replacement or reimbursement with the agreement of FRANCE ALIPLUS, after qualitative and quantitative verification of the products by FRANCE ALIPLUS. The risks of the return are always the responsibility of the Customer.
- 7. GUARANTEE
FRANCE ALIPLUS undertakes to deliver a product that complies with the technical sheets describing their specification. Acceptance by the Customer of the specifications entails the Customer’s waiver of any claim relating to the supply of Products with characteristics identical or equivalent to the specifications. Under the guarantee, the only obligation incumbent on FRANCE ALIPLUS will be the free replacement of the defective Product.
- 8. WARRANTY EXCLUSIONS
As the warranty of the Products is limited to their compliance with specifications, its application is excluded in the event of reaction of the Products to the materials with which they are associated by the Customer or in the event of use of the Products not in accordance with the indications provided to FRANCE ALIPLUS. The product warranty does not cover their suitability for the use for which the Customer intends them. The product warranty also does not cover the relevance of the test methods used with respect to the use for which the Customer intends the Products. All faults likely to have been identified by tests which have not been carried out by the Customer are excluded from the FRANCE ALIPLUS guarantee.
- 9. RESPONSIBILITY
FRANCE ALIPLUS ‘liability is strictly limited and defined as specified above. The amount of compensation due by FRANCE ALIPLUS for its liability, both to the Customer and to third parties, is limited to the amount of the price collected for the sale of the defective Products.
- 10. PRICE
The price indicated by FRANCE ALIPLUS in its offers is valid for one month.
The prices of the Products are those indicated by FRANCE ALIPLUS on confirmation of the order. These prices are understood to be exclusive of taxes, duties and charges of a fiscal nature. All taxes, duties, duties or other services to be paid, in application of French regulations or those of an importing country or a transit country, are the responsibility of the Customer. The price may be revised in the event of a substantial increase in the cost of producing the Product and / or the service (in particular an increase in raw materials and transport costs). In this case, FRANCE ALIPLUS will send the Customer an applicable increase notice including on confirmed orders. The refusal by the Customer of these new conditions will result in the resolution of previously confirmed orders.
- 11. PAYMENT
11.1 – Payment deadline
Payments must be made from the date of receipt of the invoice.
Invoices are payable at the head office of France ALIPLUS, for their total amount and by any means conventionally agreed upon. For export orders, payment must be made by irrevocable letter of credit confirmed by a French bank or by bank transfer. Only the actual disbursement of funds constitutes a payment. The delivery of a bill of exchange or a check does not constitute payment. The currency of account and payment is that specified on confirmation of the order or, failing that, the Euro. Otherwise, unless otherwise agreed, the terms of payment will be made upon receipt of the invoice.
11.2 – International sales
In the context of international sales, payment terms are specified in the special conditions appearing in the commercial offer and included on the order confirmation. In the absence of clarification, the time limit of Article 11.1 above is applicable.
11.3 – Late or non-payment
In the event of late payment, FRANCE ALIPLUS may suspend all pending orders, even under other contracts, without prejudice to any other course of action. In the event of delay or default in payment, the Client will automatically be liable for late payment interest calculated on all the sums remaining due at the interest rate applied by the European Central Bank to its most important refinancing operation. recent plus 10 percentage points on the expiry date of the applicable payment term. Interest will begin to run from the day following the due date shown on the invoice and will continue to run until the day of full payment of all sums due to the creditor. The Client must reimburse all costs incurred by the contentious recovery of the sums due, including the fees of legal officers as well as the costs and fees of attorneys. FRANCE ALIPLUS may, as of right, by simple notification terminate the sale and cancel any order in progress and request, if necessary in summary proceedings, the return of the Products delivered without prejudice to any other damages. In the case of payment by commercial paper, the failure to return the instrument will be considered as a refusal of acceptance comparable to a default of payment. Under no circumstances may payments be suspended or be the subject of any compensation without the prior written consent of FRANCE ALIPLUS. Any professional in a situation of late payment is ipso jure debtor, vis-à-vis the creditor, of a lump sum indemnity for collection costs, the amount of which is fixed by decree of 40 €. When the recovery costs incurred are greater than the amount of this lump sum compensation, the creditor may request additional compensation, upon justification.
11.4 – Requirement of guarantees or payment
FRANCE ALIPLUS may request the constitution of guarantees or the establishment of a payment system guaranteeing the transaction (payment in proforma or irrevocable documentary credit for example), and this before the execution of the orders received.
- 12. RETENTION OF OWNERSHIP
The Products remain the property of FRANCE ALIPLUS until full payment of the price, in principal, costs and accessories. The rights arising from this retention of title may be exercised both on the Products themselves and on any sum, right or claim which would replace them, in particular their resale price, even incorporated into other products, any compensation for insurance or other. If the law of the country in which the Products are located does not allow the retention of title, FRANCE ALIPLUS will enjoy all other rights in the Products that this law allows it to reserve. The Customer must immediately notify FRANCE ALIPLUS of any threat of seizure, enforcement or any other intervention by a third party on the Products in order to allow FRANCE ALIPLUS to oppose it and to preserve its rights. Until full payment of the price, the Customer may not pledge or use the Products as any guarantee.
- 13. CONFIDENTIALITY AND COMMUNICATION
The information and data concerning FRANCE ALIPLUS and its Products of which the Customer is aware are confidential. The Customer is prohibited from using them other than for the sole use of the Products, this obligation of confidentiality producing its effects for a period of 5 years from the present. The Parties recognize (I) that they may, unless expressly requested in writing to the contrary by the other Party, correspond or transfer documents by electronic mail circulating on the Internet network, (II) that neither Party exercises control on the capacity, reliability, access or security of these e-mails and (III) that FRANCE ALIPLUS cannot be held responsible for any loss, damage, costs or damage caused by the loss, delay, interception , the diversion or alteration of any electronic mail caused by any fact. In general, the Parties undertake to comply with the regulations applicable to the protection of personal data, in particular the provisions of Law 78-17 of 6 January 1978 relating to computers, files and freedoms.
- 14. CUSTOMER QUALITY
The obligations incumbent on the Client, in particular the obligations of prudence and diligence, must be assessed in consideration of his professional capacity. As such, the Customer has in-depth knowledge of the Products and their conditions and constraints of use.
- 15. MISCELLANEOUS
The fact that FRANCE ALIPLUS does not avail itself, at a given time, of any of the clauses of these GTCS, cannot be interpreted as a waiver of subsequently availing itself of any of the clauses of said GTCS. As far as possible, each stipulation hereof will be interpreted in such a way as to give it effect and validity with regard to the applicable law. Si une stipulation est déclarée nulle ou non applicable par un tribunal compétent dans des circonstances particulières, une telle stipulation restera en vigueur dans toutes autres circonstances. If a stipulation is declared null or not applicable by a court having jurisdiction in particular circumstances, such a stipulation will remain in force in all other circumstances. Only the French text of these T & Cs is authentic, the English translation being given for information only.
- 16. APPLICABLE LAW
These general conditions of sale are governed by French law for national sales. The Vienna Convention on the International Sale of Goods of April 11, 1980 is applicable to the relations between the Parties under the conditions it defines for international sales.
- 17 – ATTRIBUTION OF JURISDICTION
The CUSSET Commercial Court will have sole jurisdiction in the event of a dispute or dispute relating to the Products or to these GTCS. This attribution of jurisdiction applies even in the event of an emergency procedure, a guarantee appeal, an incidental claim or multiple defendants and regardless of the method and terms of payment.
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