Terms and conditions
Article 1 – Applicability and validity
The general Terms of Sale are valid for all orders placed to A. NEMERY & CALMEJANE S.A.S., 22-24-26 rue Christiaan Huygens, 37095 TOURS CEDEX 2, France (“us”) by the purchaser (“you”). No special terms will take precedence over these Terms of Sale unless expressly stated in writing from us.
Article 2 – Order
All order placed to our sales agent or directly to our company (by fax, phone, email or so on) are considered as definitive without further confirmation from our company. All orders are processed within the limit of available stocks and with a confirmed minimum order quantity of 200 Euro. Orders exceeding 700 Euro are including delivery costs (for a delivery in Europe, except to Islands or some other additional delivery costs).
Placing your order implies your full acceptance of these Terms of Sale, without any reservation whatsoever and to the exclusion of any other document, as for example your own Terms of Purchase (refer to article 1).
Because of requirements to manufacture and to prepare the order, after 3 business days (72 hours) following the reception of the order sheet, no modification of the order can be accepted anymore.
Article 3 – Case of force majeure
In case of force majeure, it may be impossible for us to fulfill your order completely or partly. Here some example for case of force majeure:
- Strike of the carriers, Dockworkers or any other intermediaries of transport
- Production failure of a supplier…
Article 4 – Price
Our prices are indicated in Euro, excluding taxes. For an order amount between 200 and 700 Euro, we charge fixed freight costs of 20 Euro (for a delivery in Europe, except to Islands or some other additional delivery costs).
We reserve the right to change prices any time, but we guarantee to keep the price in use at the moment of the order validation.
We reserve the right to change prices any time, but we guarantee to keep the price in use at the moment of the order validation.
Article 5 – Payment
The amount of the invoice and the due date are indicated on front side of the invoice.
For anticipated settlement within 7 days we grant 2% discount on the ex-tax amount of the invoice.
If payment is not received at the due date, late penalty – equal to 1.5 times the legal interest rate in effect on the invoice date – shall be applied from and including the first day of delay.
In case of late payment, we charge as to the costs incurred an expense allowance of 40 Euro.
For anticipated settlement within 7 days we grant 2% discount on the ex-tax amount of the invoice.
If payment is not received at the due date, late penalty – equal to 1.5 times the legal interest rate in effect on the invoice date – shall be applied from and including the first day of delay.
In case of late payment, we charge as to the costs incurred an expense allowance of 40 Euro.
Article 6 – Unpaid invoice
If you have failed to fulfill your obligations for a previous order (for example late or not complete payment of the invoice), we will accept your order only if you can give us satisfying guarantee (payment in advance). In this case, no discount for early payment will be granted.
Article 7 – Delivery
Given our company specific activity, our delivery times are given only as an estimate and may vary due to the supply chain and the production schedule. The quantity delivered and invoice may varied by 10% (less or more) to match the manufacturing requirement or to respect the packaging.
Article 8 – Missing, broken of defective products
Complaints for missing or not conform products should be made within 15 days from receipt of the goods. By the end of this deadline, the delivered goods are considered as having been accepted as without defect from you.
Broken or defective products can be returned or exchanged only if you formulate remarks to express dissatisfaction on the delivery receipt of the carrier. You have to send these remarks by registered letter to the carrier within 48 hours and send us within the same time a copy of this letter.
Each return delivery requires our previous agreement and the products have to be in the original packing. Defective goods do not exempt you from payment of the other delivered goods.
Article 9 – Retention of title clause
The products remains in the ownership of the company Nemery & Calmejane until you have fulfilled all your obligations toward us, in particular up to the complete payment of the price, if necessary increased by the interest.
Article 10 – Rights of reproduction
The drawings, patterns or prototypes we’re realizing remain our property and may not be used without written consent, even if they were invoiced.
For an order, requiring the reproduction of a subject or drawing protected by the intellectual and artistic property, it implies on your behalf, that you have the authorization to reproduce it. So, you have to give us the guarantee against any dispute of the authorization of reproduction.
Article 11 – Proof, sample, products development
By signing a “ready for printing” or “sample confirmation”, you accept the full responsibility. The modifications you may require on the proofs or samples may result in additional charges for you.
Article 12 – Applicable rights and courts of jurisdiction
The general Terms of Sale are subjected to the French Law and any sales dispute falls under the exclusive competence of the Commercial Court of Tours (France).