CGV

1. General

Products sold by Zelec (the “Products”) are exclusively intended for professional use. It is the sole responsibility of the Customer to ensure that he/she has the necessary skills to purchase the Products and use them. The use of the Products is the sole responsibility of the Customer who must take all necessary precautions. When purchasing the Product, the Customer must ensure that the Product he chooses corresponds to his needs and to the use he intends to make of it and is adapted to all the constraints that may result from this use. Only the information appearing in the quotations and orders accepted by Zelec is contractual. The content of catalogues, leaflets, websites, and price lists are purely informative. These contents are not guaranteed, are not binding on Zelec, and may be modified at any time without notice.

2. Orders

Orders are binding only after they have been accepted in writing (e-mail, letter, etc.) by Zelec. Orders placed by telephone, must be confirmed in writing to Zelec. Zelec can refuse any order, whatever the reason could be (financial situation or reputation of Customer, dispute, etc.). Zelec can request full payment when the order is placed. After acceptance of the order, the Customer may only modify or cancel it with the written agreement of Zelec and provided that the Customer pays all costs arising from it, with a minimum of 10% of the total amount excluding VAT of the order to cover the processing costs.

3. Prices

The prices are in Euros, excluding taxes and charges of any kind, for delivery ex-works at Zelec premises. The price can be modified at any time and without prior notice, particularly in the event of changes in economic conditions, taxes, etc. Prices may be indexed to the price of materials, in particular certain metals such as copper. The reference value will be the LME. For all orders below 125 € net excluding VAT, a delivery charge of 30 € will be invoiced.

4. Terms of payment

Invoices are payable by bank transfer within 30 days from the date of the invoice, the end of the month. They are payable at the latest upon delivery for Customers who do not have an open account with Zelec. Any dispensation from these payment conditions must be accepted in writing by Zelec. No discount applicable.

5. Late payment

In case of late payment, a penalty of three times the legal interest rate, plus collection costs, is applicable. According to French law, an indemnity of 15% of the amount in late payment, excluding tax, with a minimum of 40 Euros, is due. All sums due to Zelec will become immediately payable. Zelec is entitled to suspend orders in progress.

6. Deliveries

Deliveries are ex-works at Zelec’s registered address, even when transportation is organised by Zelec on behalf of the Customer. Delivery times are not guaranteed and may depend on events outside of Zelec’s control (supply delays, etc.). No penalties or cancellations are applicable in the event of late delivery. If the delay exceeds 90 days, the Customer may cancel the order without charge.

Shipments made up to the 31st are invoiced at the value of the month. The transfer of risks to the Customer takes place as soon as the Products leave our premises. Products are carried at the Customer’s own risk. Customer must check the Products on delivery and, when necessary, file a claim against the carrier.

Remarks, if any, must be detailed on the delivery note and then confirmed to the carrier by registered letter within three days of the delivery date, in accordance with the legal provisions.

7. Title retention

Zelec remains the owner of the Products until the full price in principal and accessories is paid. Until full payment is made, the Customer is the custodian of the Products, and is responsible for them, particularly in the event of loss or damage. In the event of failure to make full payment on the due date, Zelec may claim for the immediate return of the Products. If Products were resold, the Customer agrees to substitute the resale price and the corresponding debt for the Products resold. Zelec can claim payment directly from the sub-purchaser of the Products. The Customer undertakes to provide Zelec, upon request, with a statement of the Products in stock and a copy of the invoices for the resale of the Products to sub-purchasers and all the elements necessary to enable Zelec to claim the price of the Products from the sub-purchaser.

8. Warranty

The Products are covered by a one-year guarantee from the date of invoice. This guarantee covers only the non-compliance of the Products to the specifications indicated in the order and manufacturing defects. Under the terms of the guarantee, Zelec undertakes only to replace the defective Products or to reimburse the purchase price minus the amount of the obsolescence. All dismantling or other costs being borne by the Customer. To benefit from the guarantee, the Customer must inform Zelec as soon as the defect appears, describing the defect precisely and making the Product available to Zelec for inspection in its premises. Zelec’s liability is, in all cases, limited to the price paid by the Customer for the Product.

9. Time limits, returns, disputes

No claim for apparent defects will be acceptable if it is made more than 48 hours after receipt of the Product. No Product may be returned without prior written agreement from Zelec. In case of acceptance, the return must be in accordance with the instructions for reshipment (in the original individual packaging, and at the buyer’s expense).

10. Liability

Zelec’s obligations are obligations of best efforts. Its liability can only be sought in the event of a proven fault on the part of Zelec, for material damage resulting directly from this fault to the exclusion of any intangible or consequential damage (loss of profit, immobilisation, etc.). Indemnification due by Zelec cannot exceed the price paid by the Customer for the purchase of the defective Products.

11. Disputes, competent courts

In the event of a dispute, Zelec and the Customer undertake to seek an amicable solution before any legal action, except to guarantee the payment of Zelec’s invoices, and to negotiate in good faith to reach such a solution. If negotiations fail, only the Commercial Court of Aix-en-Provence will have exclusive jurisdiction.