Terms and Conditions

1. APPLICATION AND ENFORCEABILITY OF THE TERMS AND CONDITIONS:

These general terms and conditions of sale (GTC) apply to all sales concluded by LAPICOREY FOURNITURES ET MACHINES with its customers and concern all products and equipment it sells. These GTC are expressly agreed to and accepted by the customer, who declares and acknowledges having full knowledge thereof. Consequently, placing an order implies the customer's full and unreserved acceptance of these GTC. Any deviations from these GTC must be in writing. These GTC take precedence over the customer's general terms and conditions of purchase.

2. OFFERS AND QUOTES:

The offers and quotes we submit are binding only for the period indicated in those documents or, failing that, for a maximum of one month. Unless explicitly stated otherwise in our offers and quotes, they are deemed to be EXW incoterms.

3. ORDERS:

Orders are only considered final once accepted. Acceptance is deemed to have been made upon written confirmation or by the shipment of the products. No order cancellation will be accepted without prior agreement on compensation, unless otherwise stipulated. In the event of order cancellation by the customer, we reserve the right to claim reimbursement for expenses already incurred (tooling, raw materials, labor, etc.), which will be automatically deducted from any deposits paid.

4. DELIVERIES:

Delivery is made either by direct handover of the product to the buyer or by delivery of the product to a carrier of our choice at the premises of LAPICOREY FOURNITURES ET MACHINES. Delivery times are given for informational purposes only and are not guaranteed. A delay does not entitle the buyer to cancel the sale, refuse the goods, or claim damages. LAPICOREY FOURNITURES ET MACHINES is authorized to deliver orders in whole or in part. We reserve the right to cancel all or part of any orders and backorders that we cannot fulfill within a reasonable timeframe. After a period of 45 days, the backorder will be removed unless requested by the buyer.

5. TRANSPORT:

Delivery is deemed to have taken place at our warehouse, LAPICOREY FOURNITURES ET MACHINES, 200 Rue Barthélémy Thimonnier, ZA de Sacuny, 69530 BRIGNAIS, France. In all cases, goods travel at the buyer's risk. LAPICOREY FOURNITURES ET MACHINES cannot be held liable for any loss, theft, or damage to goods and equipment occurring during transport, even those shipped carriage paid. Any claim against the carrier must be initiated by the customer. Reservations must be clearly, significantly, and completely noted on the delivery receipt provided by the driver. These reservations must be confirmed by registered letter to the carrier, in accordance with Articles 105 et seq. of the French Commercial Code, within 48 hours of receipt.

6. TRANSPORTATION COSTS:

When the buyer does not arrange transport themselves, transport costs will be included at the bottom of the invoice. Upon request, the buyer can be provided with an estimate of these costs beforehand.

7. PRODUCT QUALITY AND COMPLAINTS:

Our products are of fair and merchantable quality, but we cannot guarantee their suitability for any purpose other than their intended use, and therefore we cannot be held responsible for the consequences of improper use. It is the customer's responsibility to ensure the compatibility of our products with their intended use. In accordance with standard industry practice, and unless otherwise stipulated, the quantities delivered may differ from the invoiced quantities by up to 2%. The information and prices listed in our catalogs and price lists are not binding, and we reserve the right to make any changes without prior notice to our customers. Claims must be submitted in writing within 8 days of receipt of the goods by the recipient. After this period, we cannot accept them. No returns will be accepted without prior written authorization from our Sales Department. If, after joint inspection, we determine that the goods or equipment delivered by us are indeed defective, LAPICOREY FOURNITURES ET MACHINES will only be obligated to replace the products, excluding any other compensation. Custom orders cannot be returned or exchanged.

8. GUARANTEES:

Our machines are guaranteed for one year, excluding wear parts (including, in particular, setting sets, dies, and punches), and comply with current safety standards. The warranty is limited to the replacement or repair in our workshops of any part recognized as defective, excluding any other service or compensation. Any transport of the machine or travel by our technician is not covered by LAPICOREY FOURNITURES ET MACHINES under the warranty. Normal wear and tear, improper use, or any modification made to the machine by the purchaser without our prior written consent will void our warranty. LAPICOREY FOURNITURES ET MACHINES cannot be held liable for damage caused by energy sources supplied by the customer, such as electricity or compressed air. Our machines are designed and manufactured for the strict use of our products under normal operating conditions in accordance with our specifications. We cannot be held responsible for the consequences resulting from the use of our machines with parts not from LAPICOREY SUPPLIES AND MACHINES.

9. PAYMENT:

Despite the payment method stipulated in our offers or confirmations, we reserve the right to deliver only upon payment on delivery. Our goods are payable upon receipt of the invoice, unless otherwise stipulated. In the event of a bounced check or promissory note, or legal debt collection proceedings, all costs and fees will be borne by the debtor. Second delivery charges and any other potential costs are the responsibility of the customer. Our invoices are payable without discount. If an order includes multiple deliveries payable in installments, failure to pay any single invoice, in whole or in part, entitles us, at our discretion, to suspend deliveries or to consider the sale terminated or even cancelled without the need for a court order, and without prior formal notice. All invoices issued subsequently and not yet due will then become immediately payable. In the event of missed deadlines or if the customer to whom our products have been delivered sells their business or gives it under management, the sums due become immediately payable and LAPICOREY FOURNITURES ET MACHINES reserves the right to cancel pending orders.

10. DELAY COMPENSATION:

Late payment penalties are payable by the buyer to LAPICOREY FOURNITURES ET MACHINES in the event of late payment. The penalty rate will be equal to the European Central Bank's semi-annual key interest rate in effect on January 1st or July 1st, plus 10 percentage points. Penalties are automatically due without the need for a reminder. They accrue from the day following the payment due date indicated on the invoice or, failing that, from the 31st day following the date of receipt of the goods or the completion of the service. The debtor in default of payment will also be required to pay LAPICOREY FOURNITURES ET MACHINES a fixed compensation of €40 for recovery costs, in accordance with Articles 441-6 of the French Commercial Code and D. 445-5 of the French Commercial Code. If, during a previous order, the buyer failed to fulfill their obligations, a refusal to sell may be imposed on them, unless this customer provides satisfactory guarantees or a cash payment.

11. ADMINISTRATIVE FEES:

Any order under €50 excluding shipping costs will be subject to a surcharge of €5 excluding VAT, intended to cover the costs of processing and preparing this order.

12. FORCE MAJEURE:

We are not liable for any failure or delay in delivery due to force majeure. Strikes, lockouts, manufacturing accidents, or carrier failures are contractually considered force majeure. If such a situation persists for more than two months, the sale may be cancelled without compensation by either party upon notification of the other party by registered letter. Partial or total disruption of the usual sources of raw materials or energy necessary for manufacturing is also considered force majeure; in this case, deliveries will be reduced proportionally to available resources, and the customer will be informed as soon as possible.

13. RETENTION OF TITLE:

Goods and equipment remain the property of LAPICOREY FOURNITURES ET MACHINES until full payment of the price (Laws 80-335 of May 12, 1980 / 85-98 of January 25, 1985). As a matter of simple tolerance, we hereby authorize the buyer to resell the products we have delivered, provided that the buyer pays all outstanding amounts immediately upon resale. These sums are hereby pledged to the seller in accordance with Article 2071 of the Civil Code, and the purchaser of said goods becomes the custodian of the price.

14. JURISDICTION AND DISPUTES:

In the event of any dispute or disagreement relating to the formation, performance, or termination of the purchase and sale transactions covered by these terms and conditions, the courts of Lyon shall have exclusive jurisdiction, even in the case of summary proceedings, incidental claims, multiple defendants, and regardless of the method or terms of payment, which is expressly accepted by the buyer. All clauses contained in these terms and conditions, as well as all purchase and sale transactions covered herein, shall be governed by French law.