Genia SA General Terms and Conditions of Sale:

Application:

By placing an order, you are accepting these standard terms of sale in full.

 

Orders:

Orders become firm after confirmation. After 5 business days, orders are deemed to be accepted. Our basic price list is available upon request.

 

Delivery date:

We may provide an estimated delivery date when you place your order. We reserve the right to modify or suspend delivery in the event of unforeseen incidents that directly or indirectly affect our order processing and shipping department, as well as in the event of delays caused by our suppliers. Any change, cancellation or suspension of delivery does not entitle you to compensation of any kind.

 

Delivery:

You pay shipping and handling unless otherwise agreed. Our shipments are insured for the value of the products excluding VAT. Export deliveries are made according to the Uniform Customs and Practice (UCP) #715 of the International Chamber of Commerce (ICC) regarding INCOTERMs 2010.

Any equipment considered as cumbersome or fragile and requiring a specific packaging will be invoiced in addition.

 

In the event of damage during shipping:

If a package is damaged during shipping, you must unpack the contents in the presence of the shipper and clearly describe the damage in writing by hand on the delivery slip in the presence of the shipper.

You must follow up with a report of the damage to the shipper by registered letter with acknowledgement of receipt within 3 days. If you do not report damage as set forth above, we will consider that the shipment arrived undamaged.

 

Merchandise Returns:

Returns due to shipping or order errors must be authorized in advance in writing. Returns will not be authorized more than 15 days after reception of the merchandise. Products must be returned intact in their original packaging. You will be charged a re-packaging fee if necessary. Items sold in packs cannot be returned separately. You will be charged restocking fee of 10% minimum of the net invoiced value.

 

Billing:

Products are billed in euros under the pricing conditions in effect the day the order is processed. The price in effect is indicated in the order confirmation and deemed to have been accepted by you after 5 business days. The order confirmation is not sent systematically since our catalogue prices are available upon simple request.

 

Price Changes:

The products are billed based on the prices in effect or those listed in the order confirmation.

 

Payment Terms:

Payment must be made in euros and sent to the headquarters of Génia SA. Invoices are payable for the exact amount stated, with no discounts or deductions whatsoever. All bank fees related to the order shall be borne by you. Late payments (more than 30 business days after the date of shipment) are subject to late fees at 3 times the legal interest rate, with a minimum fee of 100€. You will be charged for all collection costs (payment reminders by registered letter, other collection costs). International payments by Documentary Credits are made according to the Uniform Customs and Practice (UCP) #600 of the International Chamber of Commerce (ICC).

 

Retention of Ownership and Transfer of Risk:

Retention of ownership:

All our sales are subject to a retention of ownership clause. Accordingly, ownership of the products is not transferred to the buyer until the corresponding invoice has been paid in full, pursuant to articles 624.16 and 624.17 of the French Commercial Code

Transfer of risks:

The merchandise shall remain the property of our company until the price has been paid in full, but you will become liable for risks at the time the goods are handed over to you.  Accordingly, you undertake to take out an insurance policy covering the risk of loss, theft or destruction of the merchandise.

 

Damages and prejudice caused by a defective product:

Under no circumstances Génia SA can be held responsible for damages of any kind that would be the direct or indirect cause of an inappropriate storage or use of the product sold.

The buyer must ensure that the storage and the use of the product strictly correspond to the intended use and usual precautions.

In any case and assuming that the use or the storage of a product may be the direct or indirect cause of a damage, a detailed report accompanied by an expertise must be sent by the buyer to Génia SA headquarters (registered letter with acknowledgement of receipt) within 72 hours of the finding of the damage.

These elements will be notified to all respective insurers (registered letter with acknowledgement of receipt).

The buyer must keep the implicated product as well as an identical product (in its not-opened original packaging) having the same batch number and make them available to Génia SA.

If needed, a contradictory expertise of the implicated product may be realized by an expert appointed by Génia SA insurers or by a specialized laboratory designated by the competent court.

Failure to comply with this procedure, no claim will be considered and Génia SA shall not be liable in any way whatsoever.

 

Payment Default:

Failure to pay by the due date, regardless of the planned method of payment, shall result in the following, without advance notice:

-All sums outstanding shall become immediately due and payable;

-We shall be entitled to stop processing any outstanding orders, without prejudice to any damages we may claim;

-The payment terms may be changed.

 

Jurisdiction and Applicable Law:

Any dispute with respect to the interpretation of these terms or the performance of an order or a sale shall be referred to the Commercial Court of Saint-Nazaire and shall be governed by French Law, regardless of the terms of sale and methods of payment accepted, even in the event of emergency proceedings, third party appeals, incidental claims and multiple defendants.

 

Our General Terms and Conditions of Sale shall apply in full.