General conditions of sale
1- Scope of application:
Any order shall automatically imply the buyer’s full and unconditional acceptance of FranceBattery’s general terms and conditions of sale. No clause contrary to these terms and conditions of sale shall be valid unless it has been previously agreed upon in writing by FranceBattery. This applies in particular to any clause formulated by the purchaser at the time of an order, including clauses or general conditions of purchase appearing on the purchaser’s printed materials.
FranceBattery reserves the right to modify the present sales conditions in the future. However, the modification shall not have any effect on orders in progress.
2- Order :
No order is accepted for an amount less than 500 EUROS exclusive of tax, unless FranceBattery has given its prior written consent. FranceBattery reserves the right not to accept orders whose payment is not covered by credit insurance, such as COFACE, SFAC or any other credit insurance organization.
Transactions negotiated by FranceBattery’s agents or representatives shall only be binding upon FranceBattery after written confirmation by FranceBattery. No total or partial cancellation of an order shall be accepted without prior agreement from FranceBattery.
Costs already incurred by FranceBattery at the date of FranceBattery’s acceptance of the order cancellation (start-up costs, tooling, etc.) shall in any event be borne by the buyer. In the event a buyer wishes to postpone delivery, such postponement may not exceed 3 months.
3- Delivery :
– Delivery times: delivery times are given as an indication only and are ex works. Delays in delivery shall not give rise to any financial compensation whatsoever, to withholding or cancellation of the order.
– Packaging and transport: the packaging of the products ordered and the choice of carrier are the sole responsibility of FranceBattery.
In the event of damage, loss or delay in delivery due to the fault or negligence of the carriers, even those chosen by FranceBattery, it is the recipient buyer’s responsibility to make any reservation in the presence of the driver on the duly dated and signed delivery slip, with confirmation to the carrier by registered letter within three (3) days of delivery in accordance with Article L 133-3 of the French Commercial Code.
4- Pricing conditions:
The rates mentioned on the quotations are given for the period of validity of the quotation. If the order is placed prior to the period of validity of the quotation, the products may be invoiced at the rate in effect on the day of shipment. The quantity of products actually delivered is invoiced, it being understood that, within the limits of the tolerances in use in the profession, this quantity may be greater than the quantity specified on the order form.
The payment of our invoices is carried out under the conditions indicated on the front of these, and at the latest at 30 days end of month or 60 days net as from the date of emission of the invoice. The sums paid by the purchaser will be charged first to the oldest products sold.
In accordance with Article L. 441-6 of the French Commercial Code, late payment penalties are due in the event of failure to pay on the day following the payment date indicated on the invoice. The interest rate for late payment penalties is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. Late payment penalties are due without the need for a reminder.
Any delay in payment, postponement of the due date or non-payment on the due date shall render all invoices issued by our company immediately due and payable; shall automatically suspend our delivery obligations or other commitments and may justify the modification of the payment terms (maximum authorized amount outstanding and/or payment period) granted by FranceBattery to the buyer.
FranceBattery shall in no event be liable for, and shall not be entitled to claim any compensation for, any direct or indirect harmful consequences resulting from the suspension of deliveries due to the buyer’s late payment or deterioration of its credit and/or payment guarantee conditions.
5- Force majeure :
In the event of a force majeure event, such event shall suspend the performance of FranceBattery’s obligations for the duration of the force majeure event, without FranceBattery’s liability being engaged by the buyer in this respect, nor any related compensation being claimed.
Any event beyond FranceBattery’s control or partially beyond FranceBattery’s control shall be deemed force majeure. In particular, the following shall be considered as force majeure events: a total or partial strike hindering the normal operation of FranceBattery or one of its suppliers, carriers or subcontractors; the interruption or blockage of transportation; pandemic ; the interruption of the supply of energy, raw materials or spare parts; and, in general, any event likely to hinder the normal operation of the manufacture and/or shipment of the products, this list not being exhaustive.
6- Warranty :
FranceBattery only guarantees the conformity of its products to the specifications mentioned on the Technical Data Sheet or in the specifications validated with the customer. Without prejudice to the measures to be taken with respect to the carrier, claims concerning the non-conformity of the delivered product with the ordered product must be made in writing by registered letter with acknowledgement of receipt within THIRTY (30) days of receipt of the products.
FranceBattery does not guarantee a minimum number of cycles of the marketed batteries. The information provided on the lifespan (number of cycles) is information resulting from tests carried out by the cell and/or battery manufacturers. These tests are carried out by the manufacturers under laboratory conditions (constant temperature, constant charge and discharge current, standardized cycles). The use of the batteries by the customer cannot reproduce the laboratory conditions and the real conditions of use can influence the real life of the marketed batteries. Cycling information provided by FranceBattery is given as an indication only and does not constitute a contractual commitment by FranceBattery.
Any return of products is subject to prior agreement from FranceBattery. Any product returned without FranceBattery’s agreement will be held at the buyer’s disposal and will not give rise to the replacement of the product or to its reimbursement. The costs and risks of the return are at the buyer’s charge.
If it is proven that the products do not meet FranceBattery’s specifications, FranceBattery’s only obligation shall be, at FranceBattery’s option, the free replacement or refund of the price of the non-compliant products. FranceBattery makes no other warranties and, in particular, does not warrant the performance of the product or the safety of the product in combination with other accessories or electrical equipment. Specifically, FranceBattery does not warrant the products for any purpose (whether or not the product is intended for that purpose), nor does it warrant their compatibility or suitability for any other component, or for any industrial application.
7- Product usage :
The data and characteristics contained in the offers and Technical Data Sheets issued by FranceBattery are based on tests deemed reliable by FranceBattery, but without any guarantee of accuracy or exhaustiveness. The values communicated are standard values that vary according to the conditions of application. It is reminded that tests are performed in laboratories and under standardized conditions and that, consequently, the results obtained for a specific application may differ from the results presented in these offers and Data Sheets.
In all cases, prior to using a product, Buyer shall independently determine whether the product has characteristics suitable for its specific use (including Buyer’s specific conditions of use of the product) by means of any tests it deems necessary. The products must be stored under normal conditions and used within 6 months of their delivery date.
Under no circumstances shall FranceBattery be liable for any direct, indirect, material or immaterial consequences (including loss of profit) related to the use of the product.
8- Disputes :
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, are subject to French law.
In case of dispute or contestation, the courts of Versailles city (France) shall have exclusive jurisdiction, notwithstanding any other clause attributing jurisdiction.
9- Reservation of title clause :
DELIVERED GOODS REMAIN FRANCEBATTERY’S PROPERTY UNTIL FULL PAYMENT, IN PRINCIPAL AND IN ACCESSORIES. THUS, IN CASE OF NON-PAYMENT BY THE BUYER OF ALL OR PART OF THE ORDER PRICE, FRANCEBATTERY RESERVES, UNTIL FULL PAYMENT, A PROPERTY RIGHT ON THE SOLD PRODUCTS, ALLOWING IT TO REPOSSESS SAID PRODUCTS. ANY DEPOSIT PAID BY THE BUYER SHALL REMAIN THE PROPERTY OF FRANCEBATTERY AS A LUMP SUM COMPENSATION, WITHOUT PREJUDICE TO ANY OTHER ACTION IT MAY BE ENTITLED TO TAKE AGAINST THE BUYER.
THE ABOVE PROVISIONS DO NOT PREVENT THE TRANSFER TO THE BUYER OF THE RISKS OF LOSS OR DETERIORATION OF THE PRODUCTS SUBJECT TO RESERVATION OF OWNERSHIP AS WELL AS ANY DAMAGE THEY MAY CAUSE