These general terms and conditions of sale replace any previous terms and conditions and prevail over any contrary terms and conditions whatsoever, in the absence of the Company's written agreement.
The terms and conditions in this document are automatically deemed to be accepted when any order or order proposal is placed with a Fedipat® distributor.
These shall prevail over any stipulations to the contrary appearing on the Client's purchase orders, its general terms and conditions of purchase or any other documents arising from it. These general terms and conditions of sale may only be supplemented by those of the distributor.
Orders must be placed no later than 12pm on the day before the scheduled delivery date. Orders placed by telephone are considered firm and final upon the Client's verbal order being entered and confirmed by the Client. All orders other than those made via telesales must be the subject of a written document (e-mail, fax, EDI, etc.) including the Client's identification, date, product specifications, packaging, quantities as well as the Client’s desired date, place and delivery times and in accordance with the Client’s requirements. Such orders are only considered firm and final after they have been expressly accepted by the Client who will ensure that the items are available. If an item is unavailable, the Client will not be entitled to any compensation. In the event of an order that is abnormally high compared to available stocks or supplies normally requested, the Company reserves the right to deliver part of the order or to modify its performance. In this case, no penalty may be invoiced to the Client. In the event of a price change, the monthly order preceding the application of the change may not exceed the average monthly order. The benefit of an order is personal to the Client and may not be assigned without the Client’s written consent. No amendment to or cancellation of all or part of the order will be taken into account once preparations for the delivery process have commenced.
PRICE AND TRANSPORT
The prices invoiced are those set out in the catalogue in force on the delivery date. The unit prices are provided for information purposes only and may not be considered contractual. Items are delivered and invoiced by box. Our prices include free delivery for any order of a minimum amount of €200, after discounts have been deducted and where items are delivered to one location and in one single delivery to any regions within mainland France where our FEDIPAT distribution warehouses are based. The free delivery threshold is set at €350 for single deliveries to other regions in mainland France. There is an additional delivery fee for certain regions, ski resorts and Corsica. The reference prices per box are exclusive of VAT and do not include any customs clearance charges for the products, for which the Client is responsible.
Delivery may only take place if the Client is up-to-date with its obligations.
Goods are payable in cash on delivery by any payment method accepted by the distributor. No discounts may be applied or requested. Any delay in payment of an invoice when due will result in late payment penalties being applied from the 1st day on which the payment becomes outstanding, calculated by applying a rate equal to 1.5 times the legal interest rate in force to the amounts due since the payments became outstanding. Any payment delay may result in current orders being suspended, the cash payment of any new invoices, and the full amount of the Company's debt becoming immediately due. A fixed compensation amount of 15% of the amount of the unpaid debt will also be payable by way of penalty clause. All recovery costs incurred including, in particular, charge-back fees and the fees of lawyers and legal officers, shall also be invoiced to the Client. Partial payments are deemed to be offset first against late payment penalties, interest and the oldest receivables.
DELIVERY - CLAIMS
Delivery is understood to mean the removal of the products from the truck or, where the Client collects the products, their removal from the warehouses. The order or orders in progress may not be cancelled due to non-compliance with the delivery deadlines, nor will the Client be entitled to any compensation in this regard. The delivery containers (rolls/pallets, etc.) must be returned on delivery. In the event of a breach, the latter will be invoiced. Products should be checked on receipt in the presence of the driver. No claims for breakage or missing items will be accepted at a later date. Any complaints regarding product conformity may only be considered if sent within a maximum of 48 working hours from delivery by fax and registered letter with acknowledgement of receipt to our registered office or to the Distributor’s registered office. For the claim to be considered, the Client must provide evidence of the defects or damage for which it claims and enable us to easily identify them. Goods may only be returned with the prior written consent of the Company. Unauthorised returns will be rejected. The Client will bear the cost of returning goods.
To maintain the quality of our products, they must be stored at a minimum temperature of -18°C and they should be used on a ‘first in, first out’ basis. Failure to comply with these conditions shall prevent any goods being returned. Products have a use-by date. The distributors’ only commitment is to allow the Client a reasonable period of time to allow for resale before that date.
RIGHTS AND LEGISLATION
Fedipat®’s general terms and conditions of sale and all contracts signed between Fedipat®, its distributors and its Clients are drawn up and concluded within the framework of French law and are therefore subject to French law. In the event of a dispute between the parties, the sole competent court is the local court in the place of residence of the relevant Fedipat® Distributor, regardless of the cause of the dispute and the contract between the parties.
RETENTION OF TITLE
All products remain our property until payment is made in full, in accordance with the Law of 12 May 1980. Unless otherwise agreed in writing in advance, failure to pay for our supplies by the specified deadline will result in legal proceedings.
The risks relating to the products, whether they are damage caused to them or by them, are borne by the Client, who becomes their custodian with effect from delivery. If the Client fails to fulfil its payment obligations as defined herein, the Client must return to the Company any products for which it has not paid. The products in the Client's possession are presumed to be the ones for which payment has not been made. As a result, and in the event of the resale of products, the Client must immediately notify the Company of all useful information concerning the purchaser of the products.
The contents of this catalogue are subject to typographical errors. The product photos in this catalogue are the exclusive property of Fedipat® and may not be used in any form whatsoever without Fedipat®’s prior consent. In addition, they are for illustrative purposes and cannot be contractual.
Fedipat® and the distributor reserve the right to change the prices of the products shown in this catalogue at any time without notice.
Delivery within available stock limits.
Only Fedipat® exclusive distributors are allowed to market and deliver our Fedipat® branded products. Check the “Recommended by Fedipat®” and “Good value” on the packaging.
The Company may not under any circumstances be held liable in the event of a breach of its contractual obligations resulting from a force majeure event. In addition to the cases defined by law and case law, and without this list being exhaustive, force majeure includes the following events: fire, flood, storm, earthquakes and other natural disasters, war, riots, etc. In the event that it is impossible to comply with all or part of our obligations due to a force majeure event, we will inform our Clients of this as soon as possible. We may then, depending on the circumstances, either cancel the order, suspend its performance or delay delivery with no entitlement for the Client to claim any compensation in this respect or cancel its order without our express prior agreement. In the event of suspension of the order, the Client undertakes to take all necessary measures to extend, at its own expense, the validity of its means of payment for the period during which the order is suspended and until delivery can be made.