General Sales Conditions
General Sales Conditions
1 – Subject
The following general conditions of sale list the rights and obligations of FAMECO and their customers for the sale of the following items: second-hand or refurbished chemical analytical instruments, spare parts or consumables. Any transaction carried out by FAMECO implies the unconditional acceptance of the general conditions of sale by the customer.
2 – Price
The price of equipment sold is that applicable at the date of the order. The price is quoted in euros excluding tax. Prices will be adjusted to include VAT and transport costs applicable at the date of the order. FAMECO is free to adjust its prices at any stage but will invoice equipment ordered at the price quoted on the order confirmation.
3 – Reductions and rebates
The proposed tariff rate already includes any reductions or rebates FAMECO are able to offer.
No discount will be given for advance payment.
5 – Methods of payment
Orders can be paid:
– By bank transfer
– By PayPal
– By credit card
When the order is processed the customer will be required to pay a minimum 10% of the total amount, the balance to be paid within 30 days of receipt of the invoice. In the case of equipment for export the total amount can be requested. Payment by letter of credit is also acceptable.
6 – Cancellation of order
In the case of cancellation by the customer FAMECO reserves the right to retain all or part of the advance payment made. Any deposit made will not be refunded.
7 – Late payment
If partial or full payment is not received upon receipt of the equipment the customer will be required to pay FAMECO a late payment penalty fee equal to three times the legal interest rate.
The rate of legal interest to be paid is that applicable at the delivery date of the equipment. As from 1 January 2015 the rate of legal interest will be revised every six months (Order No. 2014-947 of 20 August 2014).
This penalty fee is calculated on the basis of the amount still due, inclusive of all tax, commencing from the date it was originally due without any further formal demand being required. In addition to the late payment penalty, for any amount unpaid at the required date, including the deposit, a fixed sum of 40 euros will be added for recovery costs in compliance with articles 441-6, I para 12 and D. 441-5 of the French commercial code.
8 – Cancellation clause
If the customer has not paid the full amount due during the two weeks following the implementation of the “Late payment” clause, the sale will be automatically cancelled and damages may be charged by FAMECO.
9 – Ownership reserve clause
FAMECO retains the ownership of all the equipment sold until full payment has been received. Should the customer be in a position of reorganization under court supervision or liquidation FAMECO reserves the right to claim ownership of the equipment sold and unpaid in any insolvency procedures.
10 – Delivery
Delivery can be made:
– either directly to the customer;
– or to a location indicated by the customer on the order form.
The delivery date indicated on the order form is the expected date and cannot be guaranteed. Any reasonable delay in the delivery of products would therefore not entitle the customer to:
– either seek damages;
– or cancel the order.
Transport risks are to be fully borne by the customer.
In the event of missing or damaged equipment during transport the customer should make the necessary reservations on the order form upon receipt of the equipment. These reservations also need to be made in writing to FAMECO within five days of their receipt by registered post with recorded delivery.
11 – Warranty
A warranty of 3-6 months applies to any refurbished equipment sold. A warranty of 3 months applies to new parts, and 30 days to all second-hand parts. The warranty comes into force the day the equipment is dispatched.
No warranty applies to non-refurbished equipment (in its current state or functionally tested) or consumables.