Terms and conditions of use
1 - OPPOSABILITY
The present general conditions of sale constitute the only conditions to which the Company KADOLIS commits itself in the contractual relation with the Customer and apply to all the contractual relations between the parties. They can only be specified and/or modified by the particular conditions of the contract. Any modification proposed by the Client must be signed by the Company KADOLIS.
2 - ORDER CONFIRMATIONS
Any offer or order, to be valid, must be confirmed in writing. The seller's written offers are only valid for the period specified therein.
3 - PRICE
Prices and tariffs are in euros, exclusive of taxes, net of all discounts and rebates. Rates are subject to change without prior notice on April 1st, June 1st, September 1st and January 1st of each year. The applicable price is that in force at the time of the order.
4 - PAYMENT
Invoices are payable in cash upon receipt, except in the case of specific contractual provisions concluded between KADOLIS and the customer. In any case, the payment terms may not exceed 60 days from the date of issue of the invoice. A discount of 1% will be granted for any cash payment.
5 - NON-PAYMENT
Any amount not paid on the due date shall automatically and without prior formal notice bear interest of 12% per annum. In addition, any invoice that is not paid on the due date shall automatically be increased by 5%, with a minimum of EUR 30, by way of a fixed and irreducible compensation for our administrative and miscellaneous costs related to the recovery of the amounts due. This is not exclusive of a possible claim based on article 700 of the Code of Civil Procedure. Failure to pay an invoice on its due date entitles the seller to immediately terminate all current contracts and makes all other invoices, even those not yet due, immediately payable.
6 - TRANSPORTATION
For deliveries, the goods are delivered EXworks, i.e. made available at the warehouse. Transport is at the expense of the customer, unless a specific contractual provision is made between Kadolis and the customer.
7 - DELIVERY TIMES
Delivery times are only given as an indication. They do not constitute an essential condition of the contract. They may be delayed, without this postponement giving rise to cancellation of the contract, refusal of goods or damages.
8 - AGREEMENT ON DELIVERY AND CLAIMS
The buyer is obliged to check the goods upon receipt and to report any discrepancies on the delivery note. The goods will be considered as accepted if no complaint has been made by registered letter, fax or email within 3 days of their delivery.
reception. After this period, no more claims will be accepted by KADOLIS. If the complaint is found to be justified, the seller will have the choice to replace or to accept the return and credit the delivered goods. The submission of a complaint within the prescribed time limit does not authorise the buyer to return the goods without the prior written agreement of the seller. If the return is authorised by the Seller, such return does not constitute a detrimental acknowledgement on the part of the Seller. The recourse against the seller in the event of a complaint for apparent non-conformity is in any case limited to the amount of the goods concerned.
9- RESERVATION OF OWNERSHIP
The KADOLIS Company reserves the property of the sold products until the complete payment of the price in principal and accessory.
In the event of implementation of the present clause, it is agreed between the parties that any sum already paid to KADOLIS is kept by it as compensation for the use that may have been made of the products by the Customer.
It is furthermore agreed that if the present clause were brought into play before the 1st anniversary of the delivery, the products sold would be considered to have lost 40% of their value, then 20% between the 1st and 3rd anniversaries, then 10% between the 3rd and 4th anniversaries, and would be considered to be worthless afterwards. It is understood that the customer would assume the consequences of this loss of value. This clause is opposable to all, including in the event of the client's proceedings.
10 - GUARANTEES
The KADOLIS Company is in no way a manufacturer of the products it distributes. Consequently, its responsibility concerning these products is the same, in the same terms and limits, as the contractual responsibility of the suppliers, which the Customer accepts. All information from suppliers can be provided on request.
11 - RESOLUTION OR TERMINATION
In the event that a sale is resolved in whole or in part as a result of any fault or negligence on the part of the buyer, the buyer shall be liable for a fee of