Purpose of these Terms:
These general terms and conditions (hereinafter "GTC") apply to the products, services, and provisions (hereinafter the "Products") marketed by CATEQUIP SAS (RCS TROYES 380 863 571 – 19 rue de la Paix – 10320 Bouilly) to all legal entities (hereinafter the "Client") placing an order with it. The Client acknowledges having read and unreservedly accepted these GTC at the time of ordering Products from CATEQUIP SAS. The GTC prevail over any other Client document (GCA, etc.), which will be declared unenforceable against CATEQUIP SAS, unless expressly agreed otherwise in writing and in advance.
They may be accompanied by specific conditions (hereinafter "SC") unique to each Client. The contractual relationship between CATEQUIP SAS and the Client is referred to as the "Contract".
Any other document, including catalogs, prospectuses, advertisements, manuals, or the website www.catequip.fr and its content (photographs, diagrams, drawings, or videos), are for informational, indicative, and non-contractual purposes only. CATEQUIP SAS reserves the right to make any technical modifications to the Products necessitated by circumstances or technical evolution.
Any modification to these GTC is immediately applicable to new orders.
2. Orders and Contract Formation:
Upon receipt of an order from the Client, it is considered firm and definitive upon written acceptance by CATEQUIP SAS, notably in the form of an order acknowledgment.
When a quote is issued by CATEQUIP SAS, it constitutes the specific conditions that modify or supplement the GTC. The Client's tacit or formal acceptance of a quote necessarily implies acceptance of the GTC.
The Products to be supplied by CATEQUIP SAS are those precisely and restrictively mentioned, either on the quote issued by CATEQUIP SAS and accepted by the Client, or on CATEQUIP SAS's order acknowledgments.
Any order confirmed by CATEQUIP SAS cannot be modified (no quantity changes, no product additions, etc.). Any modification request must be submitted as a new order.
3. Prices:
The applicable rates (hereinafter "Prices") for the Products are those in effect on the day the order is placed or those appearing on the accepted quote. All Prices are indicated in Euros, exclusive of any current or future tax, duty, or levy, ex-works from our warehouses, and are understood to be net of any discount.
Each order must be for an amount equal to or greater than one hundred and fifty (150) euros excluding tax to be processed by CATEQUIP SAS. Consequently, CATEQUIP SAS may refuse any order for a lower amount without needing to inform the Client.
Shipping and handling charges are free for any shipment with a minimum value of 700 euros excluding tax; for any shipment below this amount, packaging, order processing, and shipping costs are borne by the Client.
4. Shipments and Deliveries:
All risks, particularly loss or damage to Products, as well as any damages they may cause, are transferred to the Client upon shipment from CATEQUIP SAS's factories or warehouse.
The Client must perform all checks before discharging the carrier. In case of shortages or damages, the Client must notify the carrier by registered letter with acknowledgment of receipt within a maximum of 48 hours following delivery, to make all necessary reservations. Reservations must be noted on the waybill in the presence of the carrier. In the event of a recognized defective delivery, CATEQUIP SAS's liability is strictly limited to the replacement of the ordered Product or an equivalent Product if the concerned Product's production has ceased, excluding all costs or compensation.
Delivery times are provided for informational purposes only and CATEQUIP SAS makes no commitment to meet them. Non-compliance with these deadlines cannot lead to order cancellation or compensation, nor give rise to damages of any kind, particularly for loss of enjoyment.
CATEQUIP SAS is notably released from any obligation in the event of unforeseen circumstances or force majeure preventing either the manufacture, shipment, or introduction of the Products into France.
Any valid claim must be addressed to CATEQUIP SAS within eight (8) days following receipt of the Products. In the case of direct delivery to the end-user carried out on behalf of the Client, the Client remains responsible for the proper receipt of goods and for making any necessary reservations to the carrier.
In case of non-compliance with this procedure, CATEQUIP SAS cannot be held responsible for any damages incurred during transport.
5. Packaging:
Packaging, when invoiced, will not be taken back unless otherwise specified in the quote.
6. Retention of Title Clause:
The goods remain the property of CATEQUIP SAS until full payment of their principal price and accessories (Law No. 80-335 of May 12, 1980).
The submission of a document creating a payment obligation (bill of exchange or other) does not constitute payment within the meaning of this clause. Failure to pay any installment by the agreed date may result in CATEQUIP SAS reclaiming the Products.
The pledging or contribution of Products subject to this retention of title is formally prohibited to the Client. The Client undertakes to notify CATEQUIP SAS, on the same day (and at the latest the next business day) and by registered letter, of any protest, injunction, precautionary seizure, and generally any event that may prejudice CATEQUIP SAS's property rights over the Product(s) which must remain its unseizable property. The Client is authorized, within the normal operation of its establishment, to resell the delivered Products. In the event of resale, transformation, or if the Product no longer exists in its original form, the Client undertakes to immediately settle the balance of the sale price due to CATEQUIP SAS.
7. Liabilities:
CATEQUIP SAS cannot be held liable for any damages to the Client resulting from force majeure events:
natural disasters, floods, storms, epidemics, explosions, civil unrest or riots, popular movements, strikes, military occupations, hostilities, civil or foreign wars, requisitions, machine breakdowns, power outages, thefts, fires, floods, and generally all unforeseen events or causes not resulting from a fault of CATEQUIP SAS that caused the damage.
CATEQUIP SAS cannot be held liable to either the Client or third parties for any direct or indirect damages whatsoever (including, but not limited to, loss of profit or revenue), resulting from the failure or refusal to fulfill an order, any delivery delay, any error in order execution, any product defects, or any statements, conditions, illustrations, or specifications made by its subordinates or agents. CATEQUIP SAS shall not be held responsible for the infringement of any third-party rights.
8. Payment Terms – Penalties:
Payment for orders is accepted exclusively in euros. All invoices are payable without discount at CATEQUIP SAS headquarters, within 30 days from the invoice issue date. Initial orders are payable in advance or cash on delivery.
Any other payment method is only possible after opening a client account, which requires a copy of the extract from the trade and companies register (KBIS extract), commercial and banking references, and bank account details (RIB) compliant with the international IBAN standard to facilitate payments without acceptance.
Any delay in payment, regardless of the cause, will automatically and without any further formality incur an additional flat-rate compensation charge of 40. This is in addition to existing penalties for any professional experiencing payment delays.
A bill of exchange, if subject to acceptance, must be accepted upon presentation or at the latest within 48 hours of its presentation. Payment of bills of exchange cannot be refused or deferred for any reason whatsoever.
Should CATEQUIP SAS agree to payment by documentary credit, it will be irrevocable and confirmed by a first-tier French bank.
Failure to meet a payment deadline will automatically and without any further formality or prior notice result in the termination of the Contract, the immediate enforceability of the entire debt, including sums not yet due, and the suspension of shipments for ongoing orders, even if these have been confirmed by CATEQUIP SAS.
CATEQUIP SAS also reserves the right to reclaim Products delivered to the Client without further formality.
9. Returns:
Any return of Products can only be made after the written agreement of CATEQUIP SAS, at the Client's expense. CATEQUIP SAS will issue a credit note to the Client corresponding to the invoiced value of the Products (excluding packaging, order processing, and shipping costs) reduced by 10% of this value, to cover restocking fees. This amount shall in no case be less than 20 euros excluding tax.
10. General Warranty:
CATEQUIP SAS warrants the Products against defects covered by the legal warranty for hidden defects resulting from a material, design, or manufacturing flaw affecting the delivered Products and rendering them unfit for use. This warranty is strictly limited to the free replacement of any part or Product deemed defective by CATEQUIP SAS.
For certain Products, CATEQUIP SAS may grant specific warranty conditions under a commercial warranty, the terms of which are decided on a case-by-case basis.
Excluded from the warranty are defects and deteriorations caused by transport issues (impact, etc.), unsuitable installation or assembly, non-compliant or abnormal use, failure to follow operating instructions, natural wear and tear, faulty maintenance, lack of supervision, inadequate electrical protection, or any other circumstance detrimental to the proper functioning of the Products (including frost, lightning, or floods), or by any modification of the Product not foreseen or specified by CATEQUIP SAS.
Warranty parts for which the Client requests replacement must be returned (dispatch date) within eight days of the defect's discovery for examination by CATEQUIP SAS, allowing it to effectively pursue any recourse against its own supplier. In any event, the return of said parts by the Client must occur before the expiration of this period.
11. Personal Data:
CATEQUIP SAS declares and warrants that it respects and fulfills all its obligations under European and/or international regulations concerning the protection of personal data and/or national transposition regulations, including, in France, the 1978 law applicable to personal data and Regulation 2016/679, which it may process in the context of the Contract's execution.
CATEQUIP SAS will only retain collected data to ensure Product deliveries and to propose commercial offers, for a period of 2 years. CATEQUIP SAS undertakes to take all necessary precautions to preserve data security, and in particular to prevent them from being distorted, damaged, or accessed by unauthorized third parties.
12. Jurisdiction:
In the event of any dispute whatsoever, the applicable law is French law, and the competent courts are those of the registered office of CATEQUIP SAS. These courts shall have exclusive jurisdiction even in the event of multiple defendants or third-party claims. This attribution of jurisdiction is accepted without any restriction or reservation by the Client. CATEQUIP SAS and the Client shall attempt to amicably resolve any dispute prior to any legal proceedings.
