Terms and conditions

PREAMBLE :

Any firm order, and having been the subject of an express acceptance by our company, implies for the purchaser the adhesion to the present general conditions of sale to the exclusion of any other provisions, and in particular of the general conditions of purchase of our customers.

1 – PRICE :

Our prices are exclusive of tax, ex works, excluding all accessory costs, postage, delivery costs, fixed invoicing costs. The information and prices given in our catalogs and price lists are given as an indication.

2 – OFFER :

Unless otherwise agreed, our price quotations become void 30 days after the date on which they were made.

3 – ORDERS :

All orders are valid only after confirmation by the company ORA. Any order implies by right the buyer’s unreserved acceptance of all the conditions of this document and his waiver of any stipulation of his general conditions which would be incompatible with ours.

4 – DEADLINES :

Our deadlines are given as an indication, depending on the conditions of supply and can in no case give rise to compensation for delay, nor justify the cancellation of the order.

5 – TRANSPORT :

In all cases, our goods travel at the risk of the customer, who is responsible for verifying the condition of the goods upon arrival and to make any necessary reservations with the carrier by registered letter with acknowledgment of receipt within 3 days of receipt of the goods.

6- FORCE MAJEURE :

All registered orders include a reservation authorizing ORA to suspend, without compensation, the commitments made in the following cases: strikes, lockouts, fires, bad weather and other cases of force majeure occurring at ORA as well as at its own suppliers.

7- PAYMENT:

Payments must be made in accordance with the agreements made with the buyer and confirmed by the head office. No claim or dispute shall entitle the buyer to defer payment of an invoice. Penalties for late payment, equal to three times the legal interest rate, are applicable from the first day after the due date. In accordance with articles 441-6 c. com. and D. 441-5 c. com., any delay in payment automatically entails, in addition to the late payment penalties, an obligation for the debtor to pay a fixed indemnity of 40 € for collection costs. For orders below l00 € excl. payment by check upon receipt of invoice.

8 – RESERVATION OF OWNERSHIP :

The goods remain our property until their complete payment. The buyer is obliged not to dispose of them by any means whatsoever, neither in full ownership, nor by pledge or collateral before full payment. In the event that payment is not made within the stipulated period, the supplier reserves the right to physically take back the goods delivered in all places and hands where they are located.

In the event of resale of the goods before their complete payment to the company ORA, the customer undertakes to inform the sub-purchaser of the reservation of ownership to which it is affected.

9 – GUARANTEE :

Unless otherwise stipulated, our equipment is guaranteed for 2 years from the date of delivery.

The Vendor guarantees the products delivered, provided that they are installed, used and maintained under normal conditions of use and in accordance with our written recommendations. Seller will replace or repair defective parts at its factory or any other location of its choosing. Shipping costs are at the buyer’s expense. All defective parts will be assessed by the seller and will only be covered by the warranty if they have been subject to normal use.

No compensation can be claimed in the event of the equipment stopping. Any intervention must be carried out in our workshops.

10 – JURISDICTION :

In case of dispute, the Court of BOURG is only competent, even in case of plurality of defendants. For goods intended for export, French law is the applicable law. Any dispute relating to the interpretation and execution of the present general conditions of sale is subject to French law, to the exclusion, in international matters, of the United Nations Convention on the International Sale of Goods, done in Vienna on April 11, 1980.