Terms & Conditions of Sale

These general conditions apply to all orders, placed by the buyer without exception or reservation, who expressly waives his own conditions d’achat.

Toute clause contraire n’ayant pas fait l’objet d’une acceptation écrite de CT-Industry sera inopposable au vendeur.

ORDER

  1. Tenders shall be valid for 15 days from the date of dispatch of the tender, unless otherwise specified.

  2. For specific products, a maximum of 10% more or less than the contractually defined quantity may be delivered in accordance with commercial practice.


  3. Any cancellation of an order is subject to prior written agreement from CT-Industry, except for products of specific manufacture for which aucune annulation ne pourra être acceptée

DELIVERY

  1. CT-Industry undertakes to deliver the products to the place defined in the contract. CT-Industry is authorised to make deliveries in whole or in part unless otherwise agreed by the Parties.

  2. The delivery times given at the time of the order are given as an indication. They are subject to the seller's supply availability.

  3. The products travel at the risk of CT-Industry until the agreed place of delivery where the risks and responsibility of the products are transferred to the buyer.

  4. When taking delivery, it is up to the buyer to check the quantity and the good condition of the products delivered. No claim on the quantity and the good condition of the products will be taken into consideration if the recipient does not issue any written protest at the time of delivery by the carrier.

  5. In the event of loss or damage during delivery, the buyer must
    - write clear, precise and complete reservations on the transport documents
    - confirm these reservations to the carrier by registered letter with acknowledgement of receipt within 3 days of receipt in accordance with Article L 133-3 of the Commercial Code, Commerce,
    - and/or request, if necessary, the appointment of a legal expert, in accordance with the provisions of article L 133-4 of the same code, - immediately inform CT-Industry of the damage and deterioration noted.

The buyer has a period of 48 hours after taking delivery to inform CT-Industry of the non-conformity of the latter. Failing this, the order shall be deemed to have been accepted without reservation.

PRICE

For standard products, the prices invoiced are net unit prices, excluding taxes. They are aligned with the price list in force at the time of departure from our warehouses and prevail over any document in the buyer's possession.

PAYMENT

  1. Nos factures sont payables à 30 jours à date de facturation, sauf conditions particulières accordées par CT-Industry.

  2. No debit notice can be issued unilaterally by the buyer. Any possible regularisation of a dispute can only be made on the basis of a credit note established by the seller.

LATE PAYMENT


  1. In case of delay in the execution of its payment obligation, the buyer shall, if CT-Industry deems it useful, forfeit the term for all payments to be made, which shall become immediately due. CT-Industry may by right proceed to the cancellation of the orders registered or to delay them.

  2. In the event of non-payment on the due date, CT-Industry reserves the right to send a letter of formal notice and to charge penalties for late payment, calculated from the due date until the day of effective payment, at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.

  3. This will result in cash payment in advance and without discount on pro forma invoices for subsequent orders.

  4. A fixed indemnity of 40 € per debt will be due for collection costs for any delay in payment.

INSOLVENCY OF THE BUYER


The seller reserves the right to request at any time, during or before the execution of the contract, the guarantees of payment that it deems necessary. If guarantees satisfactory to the seller are not offered without delay, the seller reserves the right to immediately cancel all or part of the contract to be performed.

After a bankruptcy filing and in the event of continuation of the activity by the buyer, any delivery can only be made after receipt of payment in advance and without discount according to a pro-forma invoice.

RETURN OF GOODS


No return of material will be accepted without prior agreement from CT-Industry which reserves the right to apply a discount for authorised returns. Moreover, no return with postage due will be accepted.

The products must be in perfect condition, without having been used, with all their accessories and documentation and in their original, unaltered packaging.

In case of non-compliance with the above conditions, CT-Industry will have the right to reject the return of the products.

The products travel at the risk and expense of the buyer until the complete unloading of the products in the premises of CT-Industry.

RETENTION OF TITLE CLAUSE


  1. Ownership of the products sold will only be transferred to the purchaser after full payment of the principal and all accessory costs, but the purchaser will become responsible for them as soon as they are delivered as stipulated in Article II.

  2. It is expressly agreed that in the event of non-payment, the totality of the products invoiced will become immediately payable, whatever the initial due date. CT-Industry reserves the right to recover the delivered products by any means; this without prior formalities and at the expense of the buyer. If the buyer is the subject of collective proceedings, CT-Industry reserves the right to claim, in this context, the products sold and remaining unpaid.

APPLICABLE LAW


The present general conditions of sale and any other act concluded between CT-Industry and the buyer are governed by Luxembourg law.

JURISDICTION CLAUSE


For any dispute relating to the validity, execution or interpretation of the present general conditions, only the Commercial Court of Luxembourg shall be competent.