General terms and conditions of sale

1 • INDUSTRIAL AND INTELLECTUAL PROPERTY

Unless otherwise agreed, drawings, models, photographs, engravings, films, clichés and cylinders will be invoiced to the buyer if no action is taken on the creation or proposal within 3 months. The elements of its creation remain the property of the seller under artistic property rights with reproduction rights even if they have been the subject of remuneration. The supply of such elements by the customer implies that he has secured the rights to them.

The manufacturing tools: cylinders, clichés, cutting dies, remain the property of the manufacturer, even if part of the costs have been paid by the customer.

 

2 • MANUFACTURING

Corrections requested after "ready for press" have been accepted will be invoiced extra. Last-minute retouching requested by the buyer (off-set, film retouching, repair of cylinders or plates, special modifications for colour research, waiting for machine, re-alignment, etc.) will be invoiced to the buyer in addition to the agreed price. ) are invoiced to the buyer in addition to the agreed price.

Unless otherwise stipulated, the manufacturer has full control over the choice of printing process and materials to be used in terms of quality, colour and strength of paper and adhesives. The tolerances for register, shades and colours, and for shaping (welding) are those corresponding to the production process used, and to customary practice, unless specific prior agreements have been made.

The printer shall only be held responsible for a bar code reading defect if proof is given of a printing defect characterised according to the tolerances of the printing process used and limited to its own printability range. Any deviations from the standards must be obtained and specified by the customer and release the seller from liability.

The resistance of prints to external agents is indicative, as are those relating to adhesive properties. Our undertakings on these points do not, under any circumstances, entail any liability other than that of the supply itself. Their validity implies that we have been given a complete statement of the bodies in contact with the sleeve and the legal requirements in force.

The signed proof engages the responsibility of the buyer and releases that of the seller. The buyer's waiver, even tacit, of the preliminary proof is equivalent to a proof for printing. Any preliminary test accepted is deemed to be the final proof.

 

3 • OFFER, ORDER, CANCELLATION

The manufacturer shall only be held responsible for its own products and in accordance with the specifications stipulated in the order, particularly as regards compatibility with the goods to be identified. Only the order confirmation required and signed by us constitutes a delivery contract, the delivery dates of which are given as an indication only.

The price quotation, without indication of duration, commits us for 30 days.

Partial or total interruption of a contract, even if accepted by us, will result in the invoicing of the cost of supplies of materials and tooling engaged.

 

4 · DELIVERY, STORAGE, SHIPPING

In accordance with the code of practice for manufacturers of self-adhesive pouches, the tolerances allowed on delivery in relation to the quantities ordered are limited for each reference to the following percentages:

+ or - 15% for orders less than or equal to 10,000 envelopes,

+ or - 10% for orders between 11,000 and 25,000 envelopes,

+ or - 7.5% for orders between 26,000 and 100,000 envelopes,

+ or - 5% for orders of 101,000 envelopes or more.

For invoicing purposes, a counting error of 5 per 1000 envelopes is tolerated. However, this tolerance limit may not be invoked against the seller in the case of small orders or particularly delicate or complex orders.

Delivery concluded carriage paid or outward is considered to have been made when the goods are :

• or loaded onto trucks, wagons, etc.

• or placed in storage with storage and insurance charges per calendar month at the general warehouses. In the case of staggered deliveries, the last delivery must take place no more than 12 months after the order. Goods travel at the consignee's risk.

In the event of late delivery by the seller, the sale may be terminated for the quantities not yet manufactured following formal notice sent by registered letter by the buyer. Upon receipt, the seller will have one month to make the goods available.

The seller is released from its obligations to deliver by the occurrence of any event for which it is not responsible, whether force majeure or fortuitous.

Unless otherwise specified in the order, the goods will be packaged as usual. The storage of goods anywhere is necessarily limited in time, due to the usual conservation period of materials and adhesives.

 

5· INVOICING, PAYMENT

The invoice price of the envelopes is that indicated on the corresponding order confirmation. It may be adjusted by the seller in the case of a futures contract, depending on the variation in economic conditions or regulations between the date of order and delivery. A change in the delivery date or a change in the contractual conditions caused by the buyer authorises the seller to revise the price.

General terms of payment: 30 days end of month. The debtor nevertheless undertakes to return the items in accordance with Article 124 of the French Commercial Code, i.e. within B days of the goods being made available. All invoices are payable in Millau; bills of exchange do not constitute an exception to the place of payment.

In the course of a contract, we reserve the right to request any payment guarantees deemed necessary; failing this, the contract may be cancelled without prejudice.

Late payment on the due date: if an invoice falling due is not paid, even partially, the seller will demand a late payment penalty equivalent to 3 times the legal interest rate, as well as a fixed indemnity of 40 euros (far° 2012-387 of 22 March 2012), intended to cover recovery costs.

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6 • COMPLAINTS

No claim will be valid if it is made more than 15 days after the goods have been accepted and if the quantity delivered exceeds 10%.

All disputes will be submitted to the Tribunal de commerce de Rodez, even in the event of a third party claim or multiple defendants. Any identical clauses appearing on the commercial documents of our co-contractors will be deemed unwritten and therefore unenforceable in this jurisdiction. In the event of compensation, our liability is limited to the value of the folders sold and the material supplied.

Any claim can only be taken into account if the tracking number is clearly identifiable on our packaging and if this is indicated to us so that we can go back to the manufacturing file to analyse the claim.

This rule may only be departed from by a formal written statement from us.

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7 •RESERVATION OF OWNERSHIP :

The seller remains the owner of the goods sold until full payment of the sale price has been received from the customer, the said merchandise shall however pass to the customer's risk as soon as it is made available.

 

Any order implies acceptance of these terms and conditions of sale as well as the Code of Practice for Manufacturers of Adhesive Pockets to which they refer. Unless expressly waived, they shall prevail over the purchaser's terms and conditions.