Terms and Conditions
General Terms and Conditions of Sale
GTA – Boulonnerie et Visserie Spéciale
61570 MORTREE ( France )
Siret : 395 093 727 00026
N° TVA Intracom. FR72 395 093 727
Any order sent to GTA implies your acceptance of GTA’s general terms and conditions of sale to the exclusion of all others that may appear on your purchase orders or other documents from your services. Any order is final as soon as we send the customer a acknowledgment of receipt of the order, the latter can not modify or cancel it without our prior consent.
The prices indicated on our quotations are valid only for an order of the whole estimate, (Any order which would not take again the whole estimate will lead to the edition of an acknowledgment of receipt of a command with a “GOOD for Agreement” »That you will have to return us accepted to validate definitively the order). These prices are established according to the economic conditions prevailing on the day of our offer, they are revisable and will be confirmed firm and final as on the acknowledgments of receipt of order. Our prices are net prices, excluding taxes and excluding any incidental costs (shipping costs, shipping costs, fixed invoicing fees, special checks, etc.) .- For orders under € 150 excl. VAT of goods, you will be charged 15, € 00 processing fee.
– Visserie standard:
les quantités livrées seront ajustées en fonction du boîtage standard ( au minimum égales aux quantités commandées )
– Visserie de fabrication spéciale : Elles seront soumises à la norme NF E 25,007 ( tolérances sur quantités livrées )
Extrait de la Norme NFE 25007 :
« les tolérance admises sur les quantités livrées sont, par rapport aux quantités commandées, sauf accord différent à la commande :
– jusqu’à 199 pièces : 0 +10% ( avec un minimum de 3 pièces )
– de 200 à 499 pièces : 0 +8%
– de 500 à 9999 pièces : 0 +5%
– de 10000 pièces et plus : 0 +2% »
– Standard screws:
the delivered quantities will be adjusted according to the standard box (at least equal to the quantities ordered)
– Screws of special manufacture: They will be subjected to the standard NF E 25,007 (tolerances on quantities delivered)
Extract of the NFE 25007 norm:
“The accepted tolerances on the delivered quantities are, compared to the quantities ordered, except agreement different to the order:
– up to 199 pieces: 0 + 10% (with a minimum of 3 pieces)
– from 200 to 499 pieces: 0 + 8%
– from 500 to 9999 pieces: 0 + 5%
– from 10000 pieces and more: 0 + 2% »
Delivery Date :
The deadlines, expressed in working days except holidays, indicated on our quotations and acknowledgments of receipt of order are given as indicative and without guarantee. War, strikes, epidemics, interruption of transport, shortage of transport equipment, lack of electrical energy, accidents and any other cause beyond our control entailing partial or complete unemployment of our establishments or those of our suppliers, subcontractors, service providers or carriers, are all cases of force majeure which authorize and could justify the delay of execution of orders or markets. We do not accept in any case the cancellation of an order in progress of execution or to grant a discount on the amount of the invoice. Delays can not under any circumstances justify the cancellation of the sale and give rise to deductions, penalties, compensation or damages.
You may be provided with different types of certificates of conformity products (2.1 – 3.1 …) only if they were requested during the request for quotation and they appear on our quote .We will not provide later certificates that would not have been mentioned initially on the quotes and your ordersAll the information relating to the general characteristics, resistances, uses or achievements of the products, all normative, qualitative, dimensional, tariff information or any Other nature, all the drawings, any information in general appearing in our catalogs, Internet site, delivery notes, order confirmation or any other support are given as an indication, not exhaustive and without guarantee on our part, this except express clause of reception. In addition, this information is given subject to possible typographical errors, printing or any other nature. The export of information contained in our documents to the own documents of our customers or any other natural or legal person is of the responsibility of these. If a buyer or any other natural or legal person wishes to give contractual information to specific information he must make us the written request and only then our written acceptance. All information that we distribute and all products that we sell are subject to change, substitution or abandonment without notice and without commitment of our responsibility.
Use of products :
The customer or any other natural or legal person consulting us and / or ordering us products, is particularly responsible for:
– the choice of the product,
– the transmission to our services of its precise definition,
– the research, the taking into account account and compliance with all the technical characteristics of the product in the context of the use made of it by the customer according to his needs,
– the suitability of the product with the conditions of use and the environment of editing,
– the use and the interpretations that he makes of the documents he consults, the results he obtains, the advice and acts he deduces from them.
Consequently, our responsibility can not be put under any circumstances. in issue under any of these grounds, inter alia, whether in the context of the use of our information documents or a consultation, offer or order.
Delivery – risk transfer:
Unless otherwise stipulated, the delivery of the products is carried out by their direct delivery either to the buyer, to the carrier or to the service provider designated by him or, failing that, chosen by us from our stores or those of our service providers, under contractors or suppliers. In the event of impossibility to deliver or in the absence of instructions on the destination, the delivery is regarded as carried out by a simple notice of provision, the products being then invoiced and stored, with the expenses, risks and dangers of the ‘Buyer. The transfer of risks to the buyer is carried out at the time of delivery as defined above, notwithstanding the right of retention of title.
Whatver the mode of transport employed, land, sea, river, air or any other nature, even if the prices have been established and the products dispatched free of destination, they travel at the risk of the consignee to whom he belongs, in case of missing, delays or damage during transport, to stipulate reasoned reservations on the bill of lading and to exercise all remedies against the carriers in accordance with Articles 133-3 and 133-4 of the Commercial Code. The products are insured only on the express instructions of the buyer and at his expense.
Our invoices are payable at 45 days end of month or 60 days net invoice date by check, transfer, promissory note or draft subject to the coverage of the buyer company by our credit insurance AXA. Pro forma invoice payment will be requested from any purchasing company not covered by our AXA credit insurance. Any change in the financial or economic situation of the buyer may lead to a reduction of the current limit and an adjustment of the payment terms at any time. No discount is charged for early payment.
– Tva: we pay the t.v.a. on the flows.
Retard de Paiement :
« Pour tout professionnel, en sus des indemnités de retard, toute somme, y compris l’acompte, non payée à sa date d’exigibilité produira de plein droit le paiement d’une indemnité forfaitaire de 40 euros due au titre des frais de recouvrement (Art. 441-6, I al. 12 du code de commerce et D. 441-5 ibidem) » ainsi qu’une pénalité de 1.3% par mois de retard. Aucune remise pour paiement anticipé.
Late payment :
Failure to pay for a delivery authorizes us to suspend shipments and makes the value of special products ordered, available or in process due for payment due. Failure to pay shall also cause the term to lapse and immediately make all other claims payable. The buyer can never, under any pretext whatsoever, retain all or part of the sums due, nor make a compensation. Any deduction of the settlement of our invoices will constitute a payment incident justifying the suspension of deliveries and the forfeiture of the term of all the claims.
Fragilization by hydrogenation – oxidation – reserves:
Electrolytic treatments for all materials with a hardness greater than 320 HV may cause embrittlement due to the presence of hydrogen. Caution: whatever the precautions taken, the presence of hydrogen, which can not be completely eliminated, always entails a risk of delayed rupture due to this embrittlement and the complete elimination of this risk can not be guaranteed. It is up to the customer to determine if the use of the product requires a complete elimination of the risk. In the event that this elimination is required, it is then necessary to use a suitable method of coating and preparation. For all products that may be subject to accelerated oxidation by their environment, the customer is responsible for determining and choosing the product and the consequences of this choice. In any case, we can not be held responsible in case of oxidation of products unless it is shown the hidden defect of the product.
Warranty – Limitation of liability clause:
In all the cases where, after contradictory examination, it would be recognized that the products delivered are not in conformity with the order or involve anomalies or a defect of material rendering them unfit for the employment, the guarantee of our company is limited to the simple supply of replacement products this as far as our supplies would permit and without any compensation or compensation of any kind for labor costs, delay, prejudice caused or any other reason that could be invoked. Any replacement is excluded in case of normal wear of products, deterioration or accidents due to negligence, lack of supervision or maintenance and faulty or inappropriate use of products. It is up to the buyer to provide any justification as to the traceability of the products involved and the reality of defects, anomalies or non-conformities found.
No return of product is accepted without our prior agreement, especially with regard to the method of delivery.
Under penalty of forfeiture of the right to the guarantee as previously defined, the complaints relating to our products will have to be formulated by registered letter with acknowledgment of receipt. No claim will be accepted after the use of the delivered products or passed the period of 8 calendar days after their reception, for anomalies, nonconformities or visible defects. As such, it is the responsibility of the receiver to immediately check, upon receipt of the products, that they have none of these defects. In other cases of defect of the product delivered the period of complaint is 8 calendar days from the discovery of the defect.
Any transformation or modification of any kind (treatment, coating, machining, … without this list is exhaustive) of the product delivered, made by the customer, by his own customers, by his subcontractors, or by any other person, we disclaim any responsibility for this product and the use that is made of it. If it is demonstrated, after a contradictory examination, by the buyer, by his own customers, by his subcontractors, or by any other person, that the anomalies or the vices rendering the product delivered unfit for use are not consecutive to the transformation or modification operations that it has undergone, the replacement guarantee of our company will operate under the terms and conditions mentioned above.
Our products are not intended to be used for aeronautical, aerospace or nuclear applications. Only a specific written request from our customers who have been the subject of a written commitment from us will be liable to our liability.
Jurisdiction clause and applicable law:
In the event of dispute (and this whatever the place of the market, the place of delivery and the place of payment), Only the court of Alençon (Orne) will be competent to rule on this dispute.
Mortrée le 30/05/2013