In accordance with current legislation, these general terms and conditions of sale (GTCS) apply to all transactions carried out by our company, which is a member of e-vision (professional organization for signs and signage).
These general terms and conditions may be adapted within the framework of special terms and conditions of sale, when justified by the specific nature of the transaction. They may supplement, replace or exclude one or more parts of the General Terms and Conditions.
The acceptance of a quotation or the placing of an order implies the acceptance of these GTC by the customer and the waiver by him of his own conditions of purchase.ignal aims to be a benchmark in all its businesses.
The following terms shall have the following meanings:
Only a written offer from the supplier is valid and binding for a period of two months, unless otherwise specified in the offer. All quotations are exclusive of VAT at the rate applicable at the time of delivery.
The order is a document issued by the customer on the basis of the offer made by the supplier.
The price applicable to an order is that in force on the date the order is received.
The order must specify the conditions of installation and use, and in particular the specific conditions of location.
Formal acceptance by the customer of a print order, sample, partial or total drawing of a part, constitutes a definitive commitment on his part. In the absence of a reply within seven days, the print order is deemed to have been accepted.
A customer who cancels all or part of an order, postpones the delivery date or modifies the order, without the supplier being held responsible, is required to compensate the supplier for all costs incurred (including, in particular, design costs, tooling, parts, materials or services). The supplier may claim compensation for any direct or indirect consequences of this decision.
Should the customer fail to comply with one or more of its obligations, the supplier may terminate the sale by sending a registered letter.
The supplier informs the customer of the administrative or private installation authorizations (ABF, prefectoral, departmental, communal, from owners, building managers or trustees, etc.) required for the installation of its products.
The customer is personally responsible for all authorizations and retains full liability in the event of non-compliance.
The list of applicable regulations and standards can be consulted on the website for communications professionals: https: //www.e-visions.fr/fr/module/28/17/normes
All costs and taxes arising from such applications and installations are to be borne in full by the customer.
The supplier retains all intellectual property rights to its projects, studies, prototypes, models and documents of any kind, which may not be communicated, reproduced or executed without its written authorization. In the event of written communication, they must be returned to him on first request. The technology and know-how, whether patented or not, incorporated in the products and services, as well as all industrial and intellectual property rights relating to the products and services, remain the exclusive property of the supplier. The customer is granted a non-exclusive right to use the products.
In-depth studies and the prefabrication of prototypes requested by a customer who does not follow up on an order will be invoiced according to the time spent and materials used.
Each party undertakes to communicate to the other only documents and intellectual property rights of which it has full ownership or free use with the right to transmit them to a third party.
Unless prohibited in writing, the customer authorizes the supplier to display the part it has produced at all events such as trade fairs, shows and exhibitions, and on its advertising and commercial documents.
The customer cannot claim any ownership or exclusive right of use except in the case of financial participation.
When the customer has full ownership of the tooling, he assumes all taxes, insurance and other related obligations.
Any complaint concerning the quantities delivered must be notified by registered letter with acknowledgement of receipt as soon as the parts are received.
Qualitative Any defect in appearance, design or assembly in relation to the order specifications must be specified by the customer on the delivery or installation note and confirmed by registered letter with acknowledgement of receipt within 8 days. A dispute over a delivery or part of a delivery cannot lead to refusal of payment for deliveries not subject to dispute.
No part may be returned without the prior agreement of the supplier. Parts must be returned to the supplier in their original condition, correctly packaged and at the customer’s expense.
Scope of the warranty The supplier undertakes to remedy any malfunction resulting from a defect in design, materials or workmanship (including assembly if this operation is entrusted to him) within the limits of the provisions below.
The supplier’s obligation does not apply in the event of defects arising from materials supplied by the customer, or from a design imposed by the customer. Completely excluded from the warranty are consumables (incandescent, fluorescent and luminescent lamps, starters, display consumables, etc.).
All warranties are also excluded for incidents due to fortuitous events or force majeure, as well as for replacements or repairs resulting from normal wear and tear, deterioration or accidents caused by negligence, poor supervision or maintenance, abnormal use or use which does not comply with the supplier’s instructions, or inadequate storage conditions.
The supplier’s contractual warranty is for one year from the date of delivery. It may be extended in the case of a maintenance contract, in accordance with legal requirements.
Replacement parts or replaced parts are warranted for the remainder of the warranty period.
Customer obligations : To be able to invoke the benefit of these provisions, the customer must:
to inform the supplier, prior to the order, of the purpose and conditions of use of the equipment, to notify the supplier, without delay and in writing, of any defects which he attributes to the equipment and to provide all evidence as to the reality of such defects, to give the supplier every facility to ascertain such defects and to remedy them, to refrain, in addition, except with the express agreement of the seller, from carrying out repairs himself or having them carried out by a third party, to modify or have modified by a third party any part of the said equipment.
Methods of exercising the warranty: It is the responsibility of the supplier thus notified to remedy the defect, at its own expense and with all due diligence, the supplier reserving the right to modify, if necessary, the equipment devices so as to meet its obligations.
The supplier undertakes to remedy defects in defective equipment only in the conditions of initial accessibility of the contract.
Parts replaced free of charge become the property of the supplier.
If the supplier is not responsible for the installation, any defects related to the installation are excluded from the scope of the supplier’s warranty.
Independently of the present commercial warranty, the supplier remains bound by the legal warranties to which he is subject.
The supplier is obliged to make good any direct material damage caused to the customer as a result of faults attributable to the supplier in the performance of the contract, up to the amount covered by the supplier’s insurance policy.
Under no circumstances will the supplier be liable to compensate for immaterial and/or indirect damage such as, in particular: loss of business, loss of profit, commercial loss, etc.
Inspections, tests and trials requested by the customer are at the customer’s expense. In the event of destructive testing, the customer is responsible for the replacement of parts.
All registered orders include a reservation authorizing the supplier to suspend its commitments without compensation in the following cases: strikes, lock-outs, fire, bad weather and other cases of force majeure affecting both the supplier and its own suppliers.
Delivery times run from the date of order confirmation. This confirmation will only be effective from the date on which all contractually agreed documents and materials have been supplied by the customer. Delivery times given in quotations are indicative only.
The binding nature of the agreed deadline must be specified in the contract, as must its nature (date of availability, date of presentation for inspection or acceptance, date of actual delivery, etc….). In the absence of such details, the deadline is deemed to be indicative.
Delivery times are suspended in the event of force majeure or strikes by the supplier, its own suppliers or in communications.
Any change to the contractual supply conditions will, at the supplier’s request, lead to the setting of a new deadline.
Contractual deadlines may be extended at the request of the supplier or the customer, for any reason beyond their control which makes it impossible for the party requesting the extension to meet its obligations.
The defaulting party must inform the other party in writing of this impossibility as soon as it occurs, and both parties must then consult immediately to agree on the arrangements to be made accordingly.
Under no circumstances may the supplier accept the cancellation of an order during its execution, nor be held liable for any compensation for delay.
Article 13 – Delivery and storage conditions Unless otherwise stipulated, the supplier’s prices include goods ex works, excluding packaging, and the goods are made available to the customer at the supplier’s premises.
The customer must comply with the loading and/or unloading instructions and precautions given by the supplier.
In the case of carriage-paid shipment, this is understood to be by the most economical means. Additional costs for any other mode of transport are to be borne by the customer. Goods, even when shipped carriage paid, are always transported at the customer’s risk. In the event of damage, loss or theft during transport, or in the event of late delivery, it is the customer’s responsibility to take recourse against the carriers.
Any storage by the supplier beyond that provided for in the contract will result in an increase in the price of goods still to be delivered, of 2% per month, unless otherwise stipulated, representing storage and financial costs. Unless otherwise stipulated, storage of goods not paid for by the customer may not exceed 3 months. They will then be invoiced.
Article 14 – Supplier identification The supplier must identify the parts with his name, contact details and the date they were placed on the market.
The contract determines the terms of payment. In the absence of special agreements between the parties, the customer pays one third of the price when ordering and the balance when the goods are made available. Down payments do not entitle the customer to discount.
In the absence of specific provisions, the deadline for payment of sums due is the thirtieth day from the date of receipt of the goods.
The invoice shall state the date on which payment is due and the rate of penalties payable on the day following the payment date shown on the invoice.
In application of French law no. 2001-420 of May 15, 2001, any delay in payment in relation to the contractual dates will automatically give rise to a late payment penalty calculated by applying to the outstanding sums a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points, without this penalty affecting the payability of the debt.
The parties may agree on a different amount, subject to compliance with the statutory minimum rate requirements.
Late payment penalties are payable without the need for a reminder.
Settlement is deemed to have taken place on the date on which the funds are made available by the customer to the beneficiary or his subrogate.
In the event of dispute or partial performance of the contract, payment remains due for the undisputed or partially performed part of the contract.
In the event of sale, assignment, pledging or incorporation of the customer’s business or equipment, as well as in the event that any of the payments or acceptance of any of the bills of exchange are not made by the due date, the sums due become immediately payable, irrespective of the conditions previously agreed.
Transfer of ownership and risk The supplier retains ownership of the goods sold until effective payment of the full price in principal and accessories. Failure to pay on any of the due dates may result in the goods being reclaimed.
Nevertheless, from the moment of delivery, the customer assumes the risk of loss or deterioration of these goods, as well as responsibility for any damage they may cause.
The customer must take out insurance to cover risks arising from delivery of the goods.
As long as the price has not been paid in full, the customer must individualize the goods delivered under the present contract and not mix them with other goods of the same nature from other suppliers.
In the event of seizure or any other intervention by a third party on the goods, the purchaser must inform the supplier without delay in order to enable him to oppose it and preserve his rights.
In addition, the customer may not pledge or assign ownership of the goods by way of security. Authorization to resell during the period of retention of title The customer is authorized, within the framework of the normal operation of its business, to resell the goods which are the subject of the present contract. However, in the event of resale, it undertakes to immediately pay the balance of the price still due to the supplier, or to inform sub-purchasers that the said goods are subject to a reservation of title clause, and to notify the supplier of this transfer so that it can preserve its rights and, where applicable, exercise a claim on the resale price against the sub-purchaser.
Any complaint concerning the quantities delivered must be notified by registered letter with acknowledgement of receipt as soon as the parts are received.
Qualitative Any defect in appearance, design or assembly in relation to the order specifications must be specified by the customer on the delivery or installation note and confirmed by registered letter with acknowledgement of receipt within 8 days. A dispute over a delivery or part of a delivery cannot lead to refusal of payment for deliveries not subject to dispute.
No part may be returned without the prior agreement of the supplier. Parts must be returned to the supplier in their original condition, correctly packaged and at the customer’s expense.
In the event of a dispute, the court of the supplier’s registered office shall have sole jurisdiction.
By express agreement, this contract is governed by French law.
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(1) Electrical and electronic equipment (2) This clause reflects one of the options offered by the decree. However, the parties are free to agree otherwise. (3) It would appear that these provisions reflect the most commonly observed practice with regard to waste management by sign and signage vendors. However, the parties are free to agree otherwise.