GENERAL CONDITIONS OF SALE
The present general conditions of sale (hereafter the "CGV") have vocation to govern all the sales of products under the brand [Nodus Factory] of the company Nodus Factory SAS (hereafter the "Products"). Any order implies the acceptance without reserve of the purchaser of each clause of the present GCS which prevail on any contrary stipulation contained in another document of the purchaser, in particular its general conditions of purchase and with the exception of the only accepted derogations, expressly written of Nodus Factory SAS.
2.1 The purchaser will place order of the Products at Nodus Factory SAS at the following address [5 rue Ella Maillart 56000 Vannes].
2.2 The order will be considered final, only when it will have been the object of a written confirmation in the form of an acknowledgement of receipt, within a maximum period of fifteen days after its reception.
2.3 Any modification of order requested by the purchaser must reach Nodus Factory SAS in writing [forty-eight (48) hours] at least before the delivery date stipulated on the order form. The new order will be considered final only after a written confirmation of Nodus Factory SAS.
2.4 No cancellation of order by the purchaser will be accepted less than [fifteen (15) days] calendars before the delivery date of the Products.
2.5 The prices and information carried on the whole of the advertisements carried out by Nodus Factory SAS (catalogs, leaflets, tariffs, Internet site) do not engage Nodus Factory SAS which reserves the right to bring all the modifications of arrangement, form, dimensions, or material of the products whose descriptions appear on these advertisements.
2.6 The weights given in the estimates, letters, contracts or acknowledgements of receipt are only approximate, they cannot in no case be the cause of complaints.
3. INTELLECTUAL PROPERTY
All the rights of intellectual property, in particular the rights of mark and patent, relating to the Product are and remain the exclusive property of Nodus Factory SAS. Consequently, the purchaser is forbidden to reproduce or to imitate the Product and the brands of Nodus Factory SAS, directly or by the intermediary of any third party, and this in any country and in any capacity.
4. USE OF THE PRODUCTS
The Buyer is forbidden to promote, use, modify or resell the product alone. It may not promote, use or sell the product except as expressly agreed between the parties.
5.1 The prices stipulated in the tariffs, offers and quotations of Nodus Factory SAS are binding on Nodus Factory SAS only for acceptance within [ten (10) calendar days], except for a different option period specified by Nodus Factory SAS. The prices are always expressed net of tax for material put on truck, ex factory of manufacture. Unless otherwise stipulated, the prices are for unpacked goods. All the accessory expenses are chargeable to the addressee. Packaging shall not be taken back, unless otherwise agreed in advance.
5.2 Prices are charged in accordance with the price list valid on the date of the order, which is an integral part of these GTC.
5.3 Prices are subject to revision at any time. When an order provides for successive deliveries over a period of more than  months, the agreed prices may be revised in accordance with a formula attached to the order confirmation to take into account, in particular, changes in the cost of raw materials as well as the fiscal, social or monetary context.
6. TERMS OF PAYMENT
6.1 Unless otherwise agreed in writing by the Parties, invoices are payable within [thirty (30) days end of month], invoice date and without discount. The payment must be addressed to the head office of Nodus Factory SAS.
6.2 The terms of payment cannot be delayed, under any pretext whatsoever, even litigious.
6.3 Any delay of payment involves application of interests representing three (3) times the legal interest rate as from the first day of delay and until the complete payment.
6.4 Nodus Factory SAS reserves moreover the right to suspend to the wrongs of the purchaser any new delivery until the integral payment of all the sums due by the purchaser with the related interests.
6.5 In case of sale, of transfer, of pledge or of contribution in company of its business or its equipment by the purchaser, the due sums will become immediately payable.
7.1 The delivery periods indicated by Nodus Factory SAS on the estimates or offers or any other document emanating from Nodus Factory SAS are purely indicative.
7.2 In any assumption, the delivery periods run only as from the day when Nodus Factory SAS is in possession of all the technical or administrative information necessary to the execution of the order (definitive plan, quantities, etc.).
7.3 Delays in delivery of less than [five (5)] calendar days shall not in any case justify the cancellation or termination of the order accepted by Nodus Factory SAS nor give rise to any penalties or indemnities whatsoever, unless otherwise stipulated in the order acknowledgement.
8. TECHNICAL RECEPTION
8.1 All our materials are considered received by the purchaser [in the workshops of Nodus Factory SAS] before forwarding, according to the standards of reception in force. No later complaint will be accepted.
8.2 Without prejudice of the provisions to be taken with regard to the carrier, the complaints on the apparent defects or the nonconformity of the delivered Products or ordered Products, must be formulated in writing within eight (8) days following the delivery of the products of the purchaser.
9. TRANSPORT, INSURANCE, CUSTOMS
9.1 Delivery shall be made in accordance with the order either by direct handover of the Product to the purchaser, or by simple notice of availability, or by delivery of the parts to a shipper or carrier designated by the purchaser.
9.2 Unless otherwise specified, the Products travel at the risk of the Buyer, who is responsible, in the event of damage, loss or shortage, for making clear reservations within three (3) working days following receipt of the Products or for making all necessary claims against the carriers responsible and for insuring the Products for the purposes of transport.
9.3 If the delivery is delayed at the request of the purchaser or for any other cause attributable to this last one, the products will be stored and stored if necessary at the expenses and risks of the purchaser, Nodus Factory SAS declining any consecutive responsibility for this delay.
If the order supposes the accomplishment of an assembly, this one will be by principle carried out by the care of the purchaser, under his whole responsibility.
11. WARRANTY - LIABILITY
11.1 The Products are guaranteed against any material or manufacturing defect for a period of one (1) year, starting from the date of delivery. Interventions under the warranty shall not have the effect of extending the duration of the warranty.
11.2 Under this guarantee, the only obligation incumbent on Nodus Factory SAS will be the free replacement of the element recognized defective by its services, with the exclusion of any other obligation.
11.3 The guarantee of Nodus Factory SAS could not be brought into play for (i) the apparent defects of the delivered Product and by (ii) the defects and deteriorations caused by the natural wear or by an accident external to Nodus Factory SAS, by a modification of the Product not in conformity with its destination, or by a use not in conformity with the use or not in conformity with the aforementioned article 4.
11.4 The responsibility of Nodus Factory SAS could not be committed for the direct or indirect damage of any nature undergone by the purchaser because of the delivery, of the installation or of the use of the defective Product, in particular (but not exclusively) the impossibility of use of the Product, the loss of profit, of savings, of turnover or of clientele, or the damage undergone by a third party of which repair is requested from the purchaser.
12. RETENTION OF TITLE
12.1 Whatever the destination of the Products and notwithstanding any stipulation to the contrary, Nodus Factory SAS keeps the whole property of the material until the complete payment of the price, in principal, taxes and accessories.
12.2 Until this date, the delivered Products will be considered as consigned, the purchaser will support the risk of the damage that the Products could undergo or cause for some cause that it is. The buyer must always allow the identification of the delivered goods. To this end, he shall refrain from removing, by any means whatsoever, the elements allowing the identification of the Products sold. Any modification, transformation or alteration of the Products under reservation of title is therefore prohibited. If the purchaser contravened this prohibition, Nodus Factory SAS would be, after a formal demand remained without effect, authorized to take again possession of the Products.
12.3 In case of cessation of payments or opening of procedure of safeguard, recovery or legal liquidation, and in case of intervention of a third party, in particular in case of seizure of the delivered Products, the purchaser obliges to inform Nodus Factory SAS without delay by registered letter with acknowledgement of receipt, by transmitting to him all documents and useful information for the needs of the defense of his interests.
12.4 During the duration of the property reserve, the purchaser will have to insure the Products against third parties and all risks, for an amount equal to its total value with a solvent company, and will have to justify it at the first request of Nodus Factory SAS.
12.5 Nodus Factory SAS will be able, without losing any of its other rights, to prevail itself of the game of the present clause of property reserve eight (8) calendar days after a formal demand by registered letter with acknowledgement of receipt addressed to the purchaser and remained in all or partly without effect during this period, in case of non-fulfilment by the purchaser of any of his obligations towards Nodus Factory SAS.
12.6 The value of resumption of the whole of the materials and the goods is fixed contractually to twenty percent (20%) of the original value, this to take into account its depreciation. In addition, the expenses of resumption, removal, procedure, will justify the retention of an additional fixed amount to five percent (5%) of the original value.
13. PENALTY CLAUSE
Violation of any of the clauses of these general conditions of sale, and more generally of any agreement between the parties, will give rise to the payment of a penalty fixed at ten percent (10%) of the total amount of the order.
14. ATTRIBUTION OF JURISDICTION
14.1 These GTC and the orders subject to them are governed by French law.
14.2 Any dispute relating to the interpretation of the present terms and conditions or to the execution of the order, even in the event of recourse to a guarantee or multiple defendants, shall fall under the exclusive jurisdiction of the Commercial Courts of Vannes, regardless of the place where the contract was concluded and regardless of the place of shipment, the place and the method of payment.
> You can also find the terms and conditions of the website here