Terms and conditions of sale
ARTICLE 1. ENFORCEABILITY
MicroMécanique has developed expertise in the high-precision, customised machining of tungsten carbide tools, which it makes available to its Customers.
These general terms and conditions constitute the sole terms and conditions under which MicroMécanique enters into the contractual relationship. They may only be clarified and/or amended by the specific terms and conditions of the contract. Any amendment proposed by the Customer must be signed by MicroMécanique.
The fact that MicroMécanique does not invoke one or more of the provisions of these general terms and conditions at a given time shall not be construed as a waiver, as MicroMécanique shall remain free to demand their strict application.
ARTICLE 2. ORDERS
2.1. Each request from the Customer must be costed by MicroMécanique based on the information provided by the Customer and must then be confirmed by a written order from the Customer, where possible.
Each order from the Customer will be confirmed by MicroMécanique with an order acknowledgement.
2.2. Once the order has been confirmed by MicroMécanique, it becomes final. However, in the event of cancellation by the Customer of all or part of a confirmed order, compensation of 30% of the amount of this order, or of the cancelled part, shall be payable by the Customer.
ARTICLE 3. IMPLEMENTATION PLANS
The Customer must provide MicroMécanique with the working drawings for the parts to be machined and the machining to be carried out, and must specify its requirements.
ARTICLE 4. SUPPLY OF MATERIALS
4.1. Choice of material
MicroMécanique supplies the material to be machined according to the customer’s specifications and, if necessary, offers an alternative with an equivalent material.
The Customer may nevertheless choose to supply MicroMécanique with the material to be machined. This choice must be expressly stated in writing in the order.
4.2. Quality of the material
The Customer is responsible for the material supplied to MicroMécanique. Consequently, if the material to be machined proves to be defective during machining, MicroMécanique will notify the Customer as soon as possible and will invoice the time spent on the defective part at a rate of €75 per hour excluding VAT.
ARTICLE 5. PRODUCTION AND DELIVERY TIMES
5.1. Machining lead times depend on the work to be carried out. They will be indicated to the Customer in the quotation and confirmed in MicroMécanique’s order acknowledgement. These lead times are indicative.
5.2. Parts are delivered from MicroMécanique’s workshops by a carrier approved by MicroMécanique. The goods transported are covered by insurance taken out by MicroMécanique with the approved carrier. The cost of transport is borne by the Customer and will be invoiced to them by MicroMécanique.
5.3. Upon delivery, it is the Customer’s responsibility to check the condition of the goods and to note any damage on the carrier’s consignment note within 48 hours of delivery.
The Customer must also notify MicroMécanique of any damage observed within 48 hours of delivery.
ARTICLE 6. PRICES AND PAYMENT TERMS
Prices are quoted in euros, excluding VAT, net of any discounts or rebates.
Invoices issued by MicroMécanique are payable within 30 days of the invoice date.
ARTICLE 7. DEFAULT – DELAY
Partial or total non-payment of an instalment shall result in late payment interest being charged at a rate equal to three times the legal interest rate from the due date until the date of actual payment, as well as a flat-rate sum of fifteen euros to cover administrative costs.
In the event of non-performance by either party of its obligations, and in particular in the event of late payment, 8 days after receipt of a formal notice by registered letter with acknowledgement of receipt, the other party reserves the right to suspend all services in progress, without prejudice to any other course of action.
Any invoice recovered through legal proceedings shall be increased by a non-reducible penalty clause within the meaning of Article 1229 of the Civil Code, with compensation set at a flat rate of 15% of the price including VAT of the items invoiced.
ARTICLE 8. RESERVATION OF TITLE
In the event that MicroMécanique supplies the material, it retains ownership of the machined parts until full payment of the principal and ancillary costs has been received.
In the event of this clause being implemented, it is agreed between the parties that any sum already paid to MicroMécanique shall be retained by it as compensation for the customer’s use of the arrangements.
It is also accepted that coins lose value over time. If this clause were invoked before the first anniversary of delivery, the coins sold would be considered to have lost 40% of their value, then 20% between the first and third anniversaries, then 10% between the third and fourth anniversaries, and would be considered worthless thereafter.
This clause is enforceable against all parties, including in the event of collective proceedings against the Client.
ARTICLE 9. WARRANTIES – LIABILITIES
MicroMécanique cannot be held liable for any machining that does not meet the Customer’s expectations in the event of an error in the production plans provided by the Customer.
In the event that the Customer supplies the material to be machined, MicroMécanique cannot be held liable in the event of any defect in this material.
MicroMécanique is responsible for the quality of the machining work carried out.
Due to the specific nature of the expertise and technical skills required to carry out the machining work, MicroMécanique only has an obligation of means with regard to the organisation of its work. Consequently, it cannot be held liable for any delay in delivery due to a disruption in its work if it has taken all necessary measures to avoid this difficulty.
MicroMécanique declares that it has taken out professional liability insurance covering all damages and consequences arising from any error, omission or non-performance on its part.
The parties shall not be held liable or in default for any delay or failure to perform resulting from the occurrence of a force majeure event.
ARTICLE 10. DISPUTES
This Agreement and all acts arising therefrom shall be governed by French law.
For any disputes arising from the performance of this Contract or its consequences, the parties agree to assign jurisdiction to the Commercial Court of ANGERS, even in the event of multiple defendants.
Version 12/2020