Terms and conditions of sale

1 – PRICE AND ORDER OFFER

OFFER VALIDITY: The entire offer is only valid if confirmed in writing on our letterhead.   

DURATION OF THE OFFER: In the absence of a fixed duration, the price offer commits us for a period of one month.

ORDER: Any order commits us if we confirm it and exclusively according to the terms of our confirmation. Only amendments discussed and formally accepted in writing by both parties may be waived. The absence of request of these general conditions of sale until the date of first delivery implies their final acceptance by our customers.

MODIFICATION AND CANCELLATION: The cancellation or partial or total modification of the order is admissible and is valid only if both parties agree. We may charge the Buyer, if the latter is the cause of the modification or cancellation, all costs and expenses incurred, including raw materials and tools, for the preparation or execution of the order.

2 – PRICE

2-1 SALES UNIT – TAXES AND PACKAGING – TERMS AND CONDITIONS OF TRANSPORTUnit of Sale: The prices are given per unit, per cent or per mile, depending on the nature of the productTaxes: On the offer the prices are established excluding taxsPacking: The packaging is included in the price. Unless otherwise provided in the offer, the choice of packaging and packing belong to us.Conditions of transport: The sales prices are established «ex factory», «free» or «free border» as the case may be. The goods travel at the risk of the recipient. In case of damage or missing duly noted on receipt and recorded on the packing slip and the packing slip, the Buyer is required to comply with the provisions of article L133-3 of the Commercial Code.

2-2 FIRST ESTABLISHMENT FEES: All preparatory documents must also be invoiced as part of the first establishment fees, studies, drawings, sketches and models executed at the request of the prospective Buyer and not followed by an order within 3 months.

2-3 PRICE CHANGE OR REVISION: Price offers are made for work performed, delivered and invoiced in one go. Any change in time or production compared to the initial conditions (copyright corrections), made during the contract, results in a price change.

2-4 INVOICING OF GOODS: This is done at the time of delivery or, in the case of goods kept by us, at the time of their availability. However, and in some cases, we will keep the goods at the disposal of the buyer for a period of 6 months (period of use). At the end of this period, we will automatically charge a storage fee and the goods will themselves be automatically charged one year after their date of availability. A dispute over a specific portion of the delivery

2-4 INVOICING OF GOODS: This is done at the time of delivery or, in the case of goods kept by us, at the time of their availability. However, and in some cases, we will keep the goods at the disposal of the buyer for a period of 6 months (period of use). At the end of this period, we will automatically charge a storage fee and the goods will themselves be automatically charged one year after their date of availability. A dispute over a specific portion of the delivery does not justify a refusal to pay for the supplies that have not been disputed.

2-5 PAYMENT TERMS: Unless otherwise stated on the order confirmation, payment must be made within thirty days from the date of the invoice issued. Commercial items sent to the customer must be returned duly accepted within the deadlines in accordance with the law. For any relationship, it is customary to ask the Buyer for a deposit representing the value of the raw materials to be supplied as well as costs to be incurred. Non-payment of an invoice due shall automatically incur interest from the due date. The recovery by court or by any litigation body entails in addition an increase in the amount claimed. The same provisions are applied in the case of production in the state of the debts of a judicial reorganization or liquidation of property.Penalties: As a penal clause and for the application of Law 92-1442 of 31 December 1992 amended, the Buyer shall be automatically liable for a penalty for late payment calculated by application in full of the remaining amounts due, with an interest rate equal to twice the legal interest rate.

2-6 RETENTION OF TITLE CLAUSE: In accordance with the Law of 12 May 1980, the transfer of ownership of the thing sold is subject to payment of the price at maturity by the Buyer. However, the recommended with acknowledgement of receipt, the return of the goods at the expense and risk of the buyer and, if we see fit, the termination of the contract.

3 – EXECUTION OF THE ORDER

3-1 PROCEDURE OF «Good to Shoot»: the Buyer must sign a good to shoot (agreement on the texts and the hues) by any process deemed sufficient. In the case where a colour check is done on machine, only slight modifications can be considered. The first hour of machine will be free, the following will be processed. Expectations will be billed as well.NOTE: Any correction after each stage will be billed as “author’s correction”. Additionally wasted raw materials will also be charged.

3-2 QUANTITY TOLERANCE: Are deemed acceptable by the Buyer, at the unit price of the order, deliveries by default or by excess of + or – 10%. However, and after negotiation, qualitative requirements may lead to a change in these percentages.

3-3 QUALITY TOLERANCE: see paragraph 3-1 .

3-4 DELIVERY TIME: The accepted times are those indicated on our confirmation. They may be questioned if the Buyer does not provide, in time, all the documents necessary for the manufacture. Unless otherwise specified, the goods are deliverable and billable as soon as they are completed. No compensation or penalty for delay can be accepted by the Seller if it was not provided for in the contract.

3-5 MAGASINAGE : Tout stockage par le vendeur au-delà de ce qui a été prévu dans la confirmation de commande entraînera une majoration de prix des marchandises restant à livrer, de minimum 2 % par mois calendaire commencé, représentant des frais de stockage et les frais financiers.

3-6 RÉSERVES CONCERNANT LES LIVRAISONS : Toutes les commandes enregistrées comportent une réserve nous autorisant à suspendre, sans indemnité, nos engagements prix, dans les cas suivants : grèves, lock-out, incendie, intempéries et autres cas de force majeure se présentant chez le Vendeur aussi bien que chez ses fournisseurs.

3-7 IDENTIFICATION : Sauf stipulation contraire de l ‘Acheteur, nous sommes autorisés à imprimer sur les produits de notre fabrication, le nom, le logo ou le numéro de notre entreprise dans la mesure où ils figuraient préalablement sur le bon-à-tirer.

4 – INTELLECTUAL PROPERTY

4-1 LITERARY, ARTISTIC and INDUSTRIAL PROPERTY – REPRODUCTION: When we carry out work in any form whatsoever, involving a creative activity within the meaning of the intellectual property code, the copyright arising from this creation and in particular the right of reproduction remain with us and are transferred to the customer only by means of a written agreement to this effect. On the basis of the above mentioned provisions, as the creator of a computerized data system, images of a graphical tool, a matrix, a sketch, a model, diagrams, designs, etc. We have copyright protection under the intellectual property code.

4-2 LITERARY, ARTISTIC and INDUSTRIAL PROPERTY – ASSIGNMENT: The written agreement of assignment of copyright and in particular the right of reproduction must be express: it cannot result, nor from the fact that the creative activity was provided for in the order, neither because it is subject to special remuneration, nor because the ownership of the material medium of the copyright is transferred to the client.

4-3 LITERARY, ARTISTIC and INDUSTRIAL PROPERTY – REPRODUCTION RIGHTS – COUNTERFEITS: The placing of an order for the reproduction of an object or a nomination that benefits from the protection of the intellectual property code implies, on the part of the customer, the assertion of the existence of a graphic reproduction right for its benefit. It guarantees us, accordingly, of right, against any contestation of which this right of reproduction could be the object.

5 – RECEIPT AND USE OF GOODS

5-1 COMPLAINT – REFUSAL: The Buyer has the duty to examine the goods upon receipt. Disputes on the delivered quantity must be made to us by the Buyer within 3 days of the delivery date. Quality statements must be made by the Buyer within the shortest period and not exceeding 2 weeks from the date of delivery. Disputes shall not be admissible if the goods have been stored in conditions prejudicial to their proper preservation. Under no circumstances can we be sought for damages for hidden defects or made liable beyond the value of the goods recognized as defective.

5-2 USE OF GOODS: After acceptance, the goods are deemed to be used within one month of delivery. Given the specificity of the material used and its sensitivity to climatic and atmospheric fluctuations, we cannot be held responsible for the disadvantages resulting from late use.

6 – LEGAL COMPETENCE

In the event of a dispute, and in the absence of an amicable agreement, French law and the Tribunal de Grande Instance de Bordeaux shall have sole jurisdiction.