Application of the GTCS
- The general terms and conditions of sale shall apply exclusively to all our sales, which they govern in their entirety. In application of Article L.441-6 of the French Commercial Code, the general terms and conditions of sale apply to the exclusion of any other contrary or additional provision appearing in any document whatsoever of the customer.
Orders
- A customer's order only becomes definitive after confirmation by Tellier Brise-Soleil in accordance with the following procedures: Every customer order must specify the exact dimensions of the products. If production is possible, Tellier Brise-Soleil prepares technical drawings (under the responsibility of the customer who provided the dimensions). The drawing and the order as accepted by Tellier Brise-Soleil are sent by email to the customer for verification. Manufacturing will not begin until the customer has approved the drawings.
Warranty
- Tellier Brise-Soleil undertakes to perform the order in accordance with the accepted specifications appearing on the confirmation, the customer remaining solely responsible for the dimensions provided . In terms of color, the customer has been informed that the colors of Tellier Brise-Soleil products may vary slightly in colour and shade due to the nature of the substrate and the paint / powder coating. The customer has expressly accepted that this Delta E variation shall be at most equal to 1.5 for the color white and 3.0 for a color. This delta is the one imposed by the powder coating suppliers. Tellier Brise-Soleil guarantees its products in accordance with the law and up to the limit of the amount paid by the customer. Tellier Brise-Soleil shall not be liable for any indirect or consequential loss or damage . No warranty is given to professional customers under articles 1641 et seq. and 1386-1 et seq. of the French Civil Code and, for the latter, the warranty exclusion applies to damage caused to property for professional use. If the customer detects a defect likely to engage the liability of Tellier Brise-Soleil, they must inform Tellier Brise-Soleil by registered letter with acknowledgment of receipt within ten (10) days of its discovery (or within forty-eight (48) hours of delivery for apparent defects). The goods must remain unaltered to allow a joint inspection report
, at the latest within thirty (30) days of receipt of the registered letter with acknowledgment of receipt to confirm the reality of the defect and the potential legal liability of Tellier Brise-Soleil. If Tellier Brise-Soleil considers that the defect falls within its warranty, then Tellier Brise-Soleil will cover the repair of the product concerned or, at its choice, provide an equivalent product.
Delivery & Transport
- Delivery shall be deemed completed when the goods are made available at the Tellier Brise-Soleil factory. . The customer assumes under their sole and entire responsibility all risks of loading, transport, and unloading. The customer must arrange for the transport truck to be accessible on the day and at the location planned for unloading, and under normal safety conditions. Failing this, and if the goods cannot be unloaded, the customer will be billed for all costs of re-shipping and compensation to Tellier Brise-Soleil for this disruption. Any reservation regarding delivery (shortage, defect) must be mentioned on the consignment note and notified by registered letter with acknowledgment of receipt within three (3) days to the carrier and to Tellier Brise-Soleil, and must specify the nature and cause of the defect. Transport and delivery times are always given as an indication. No delay can give rise to any compensation whatsoever or lead to any modification of the order (termination or cancellation, total or partial). Tellier Brise-Soleil reserves the right to make partial deliveries . Packaging is never taken back by Tellier Brise-Soleil.
Prices and payment terms
- Our prices are exclusive of tax, ex-works or carriage-paid where agreed or to a freight forwarder based in mainland France (without this concept modifying the responsibility for transport risks assumed by the customer) and non-returnable packaging included. No discount is granted for early payment. Prices mentioned in a quote are only valid for the quantity specified therein and within the two (2) month validity period of said quote from its date of issue. Unless specific provision is made, payment of invoices issued by Tellier Brise-Soleil must be made by the means indicated on the invoice at its registered office on the 15th of the month following the end of the 30-day payment period.
- For any new customer or when a customer has not paid their invoices on time, the first order (or the order following the one not paid on time) will be payable by bank transfer: fifty percent (50%) of the total amount including VAT upon customer order, fifty percent (50%) before delivery, or at the choice of Tellier Brise-Soleil, either by full payment upon order (this latter case applies in particular to customers not covered by our credit insurance). In all cases, payment terms are linked to their acceptance by our credit insurance. Furthermore, any late payment at this stage automatically results in a modification of the agreed delivery time. The customer hereby accepts that the new deadline will then be set unilaterally by Tellier Brise-Soleil.
Default of payment
- Sums not paid on the due date shall, in accordance with the law, bear interest, without prior notice, from that date, at a rate equal to two (2) times the legal interest rate in force. The legal recovery proceedings (considered as such after a first notice from Tellier Brise-Soleil) of a debt will result, by way of liquidated damages for the customer's failure to meet their commitment to pay on the due date, in the payment of a sum equal to twenty percent (20%) of the unpaid order including VAT, which cannot be less than three hundred and fifty Euros (€350) and without prejudice to other costs and fees incurred for recovery. In addition, default of payment will result in: the immediate forfeiture of the term of all debts to become due from the customer and the immediate payment of all outstanding amounts ; the suspension of all current orders and the option to apply the retention of title clause with the retention then, by way of indemnity, of all deposits received under said order.
Retention of title clause
- Goods remain the property of Tellier Brise-Soleil until full payment has been received, principal, interest and ancillary charges. On the other hand, the risks of the goods are transferred to the customer upon delivery (making them available at the Tellier Brise-Soleil factory). The customer undertakes, prior to any delivery, to take out insurance covering the risks and damage caused by and suffered by the goods and to provide proof thereof to Tellier Brise-Soleil upon first request, before delivery.
Dispute resolution
- The parties agree, before bringing their dispute before the courts, unless it concerns a default of payment, to negotiate with a view to finding an amicable solution during the two months following the date of receipt of the letter that the party raising the dispute sends to the other party. Failing an amicable agreement within this period, the dispute shall fall under the exclusive jurisdiction of the Courts of Angers (Maine et Loire).