1. Orders
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Any order from Gomouv' automatically implies the acceptance by the buyer of these general terms and conditions of sale. Any contrary clauses that may appear on an order would be void. Quotes sent to customers are valid for 3 months. The order is final when the quotation is returned to Gomouv within this period, dated and signed by the customer. Orders sent to us are always subject to our acceptance. This may only result from the issuance of an order acknowledgement or the direct execution of the order.
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2. Prices
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The prices and information given in the catalogues do not bind the seller who reserves the right to make any changes to its prices and materials. Gomouv' reserves the right to abandon any material for reasons that it does not have to justify. The seller is only bound by any commitments that may be made by its representatives, employees or intermediaries subject to confirmation from him. The supply includes exactly and consistently the material specified in the quotation.
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3. Delivery
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The delivery times are given for information purposes only and do not constitute an obligation on the part of the seller. Delivery deadlines are respected as far as possible, delays can in no case justify the cancellation of the order, nor be subject to penalties or compensation. A delivery may be split, it will then be charged proportionally. The risk of loss or damage to the goods sold is transferred at the time and place of delivery. Therefore, the customer will be responsible for the products from this point and will assume the risks and costs related to the products during transport.
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4. Arrival
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The buyer agrees to receive the products at the place and date that we indicate. The buyer is obliged to carry out a quantitative and qualitative control of the materials upon receipt of the goods. In case of missing, damaged or any other dispute concerning the goods transported, it is necessary to indicate in detail (nature and quantity) the reserves on the receipt of the carrier. Reservations must be confirmed by registered letter with A.R. addressed to the carrier within 72 hours.
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5. Payments
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Payment is made in euros. A deposit of 30% of the amount including taxes will be requested when validating the quote. Our invoices are payable in Angers at 30 days end of month, billing date. Payment can be made by bank transfer or cheque. No discount will be granted for advance payment. Any deferred maturity is subject to interest at the legal rate. Settlement deadlines cannot be postponed on any pretext, even if it is contentious. Pursuant to articles L441-3 and L441-6 of the French Commercial Code, a recovery indemnity of 40 € may be collected by creditors in case of late payment on each invoice. This penalty is in addition to the late penalties and is not subject to VAT.
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6. Retention of title
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The transfer of ownership of goods delivered is conditional on full payment. This retention of title clause is deemed to be an integral part of the terms and conditions of any sales contract. Notwithstanding this reservation of ownership clause, the purchaser insures the risks of theft, fire, vandalism, civil liability, etc... upon delivery.
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7. Guarantee
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The normal warranty period of the material supplied by the seller against all defects in construction, manufacture or assembly varies according to the products. The warranty period is indicated in the technical data sheet of each product. Materials damaged as a result of negligence or abnormal use, materials processed, modified or repaired outside the workshops approved by the seller are excluded from the warranty. The warranty is limited to the simple replacement of parts contradictoirement recognized defective which must be returned to us free after our formal agreement. No compensation is due for any replacement.
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8. Claim
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Any dispute, regardless of its nature, shall be subject to the exclusive jurisdiction of the courts of Angers, where the registered office of Gomouv' is located. No settlement agreement or issuance of a bill of exchange shall be deemed to constitute a waiver of this jurisdiction clause.