Diam 24 one design : General Terms & Conditions

1. Scope 

  1. Applicable law: All our sales are subject to French law.
  2. In case of doubt as to the translation of the present document, the French version shall prevail.
  3. Any order of products or services distributed by our company implies the express and unreserved acceptance of the general terms of sale.
  4. Any clause which may be included in the contract and which is contrary to these conditions shall be considered null and void with respect to our company, subject to any contrary stipulations explicitly approved by us.

2. Prices & Payment Terms

  1. Our prices do not constitute an offer. They are subject to change without notice.
  2. Our articles are always invoiced at the rate applicable on the day of delivery.
  3. Our prices are exclusive of VAT and ex works. 
  4. For all orders below €300 excluding VAT, the company will ask for a contribution to the administrative processing costs.
  5. General conditions: cash payment before shipment.
  6. For the purchase of a new boat: 10% deposit at the time of order, second deposit of 20% at the time of production (two months before DL), balance at the time of delivery.
  7. In the event that the 10% deposit has not been paid at the time of order, unless there is a specific commercial agreement between the parties, ADH inotec reserves the right to cancel the order. 
  8. All our invoices are payable by cheque or bank transfer on receipt and must be paid at the latest on delivery, unless specific commercial agreements have been made.
  9. In accordance with article L 441-6 of the French Commercial Code, any delay in payment will automatically lead to the application of penalties equal to 1.5 times the legal interest rate. This penalty will not require any prior formal notice.

3. Orders and delivery

  1. Acceptance of orders: the commitment of our company only becomes effective on the date of sending the order confirmation. The company reserves the right, in the event that several offers have been issued for the same period, to conclude the contract with the company engaged in the earliest commercial negotiations. 
  2. Deliveries: All our goods travel at the buyer’s risk, even if they are delivered carriage paid. For products that our company is responsible for shipping, the transfer of risk takes place as soon as the goods are loaded in the factory.
  3. Unless a firm deadline has been agreed upon, our delivery deadlines are given as an indication only and exceeding them shall not give rise to penalties, damages or cancellation of the order.
  4.  Receipt: The customer is obliged to check the goods without delay. In the event of problems during transport, the purchaser must take all necessary steps against the carrier, even if the goods have been delivered free of charge.
  5. Returns: Returns are only allowed if they have been accepted by our company and must be received free of charge at the company’s address in mint condition, in their original packaging, within 15 days of the date of the written agreement to return.

4. Ownership of Products

  1. In application of article L621-122 of the French Commercial Code, our company reserves the ownership of the goods delivered until full payment of the price.
  2. In the event of a cheque or bill of exchange, payment will only be deemed to have been made at the time of actual collection. The customer shall ensure at his own expense the preservation of the goods in his premises and shall be liable for any damage caused by the goods upon delivery. In case of sale to third parties of goods not paid to ADH inotec, we reserve the right to apprehend from the third party the payment of the price of these goods by virtue of this reservation of title clause.

5. Warranty

  1. The manufacturer’s warranty is valid on new boats for two years from the date of purchase under normal conditions of use of the boat. 

6. Cancellation

ADH inotec reserves the right to cancel or postpone the customer’s order: 

    1. In the event of a change in the customer’s financial or legal situation or the customer’s failure to comply with his commitments, even during the execution of an order.
    2. In the event of events beyond its control, assimilated to force majeure, which would prevent or delay the production of the boats.
    3. Force majeure is any new political, economic, health or social situation at local, national or international level, which could not reasonably be foreseen and which is beyond the control of the contractors, and which makes it impossible to carry out the service or which entails the risk of serious disturbances or disorder likely to seriously affect the organisation and the smooth running of the service. 
    4. In the event of cancellation of an order for a new boat by the client, the latter shall remain liable for a minimum of 10% of the deposit paid, unless expressly agreed otherwise by the parties. For all other orders, the cancellation fee will be 20% of the amount of the cancelled order.

7. Applicable Law – Jurisdiction

  1. In the event of disputes, the Commercial Court of Quimper shall have sole jurisdiction. The fact that payment is made by bill of exchange does not entail any novation or derogation to this attribution of jurisdiction.