EXTRACT FROM GENERAL TERMS AND CONDITIONS OF SALE
HAEMMERLIN CDH GROUP 2017
Extract from paragraph 3:
Products travel at the risk of the Customer, who is responsible for checking products upon receipt in the presence of the delivery‐person and immediately and precisely reporting any reservations to the carrier under the conditions established in article L.133‐3 of the Commercial Code reservations on receipt document, confirmed by registered letter within three days excluding public holidays). If a problem has not been identified (non‐apparent damage) or if the driver challenges the reservation in a written statement of opposition, or if the reservation on the receipt document is not legally valid (imprecise, insufficiently grounded or ungrounded), the customer shall send a registered letter with advice of delivery to the carrier, with a copy to the vendor within 72 business hour of delivery. After this time, all deliveries, including on any logistics platform, shall be held as being in compliance and shall not be the liable to any subsequent claim.
Extract from paragraph 4:
1. TERMS AND CONDITIONS AND PAYMENT TIME
Invoices are payable to our establishment issuing the invoice within 45 days from the end of the month (calculated as end of month plus 45 days) by cheque, bank transfer, bill of exchange accepted or not, or promissory note. A discount of 0.10% per full month will be granted for payments occurring before the payment date shown on the invoice, the discount rate being stated on the invoice in accordance with article L.441‐3 of the Commercial Code.
2. FORFEITURE OF TERM
Upon default of payment, even partial, of one of the payment deadlines agreed for any of the deliveries, the Vendor reserves the right to require immediate payment of all sums owed by the Customer in any capacity whatsoever.
Extract from paragraph 5:
It is expressly agreed that the goods sold remain the property of the Vendor until full payment of invoices; this ownership clause is in compliance with legal and regulatory provisions and, as such, with the provisions of Order No. 2006‐346 of 23 March 2006 "on property rights". Delivery of a draft, a bank or postal cheque or any instrument creating an obligation to pay shall not constitute a payment under this clause.
Extract from paragraph 11:
Any dispute arising from the implementation of the contractual relations established between the Vendor and the Customer, and any acts arising therefrom shall be subject to the exclusive jurisdiction of the competent courts of Paris, notwithstanding any incidental claim or third party claim or the existence of multiple defendants.
This clause of attribution of jurisdiction shall apply even in the case of summary proceedings.