Article 1: Generalities
Products sold on the PROVOST site are reserved for business customers (companies, authorities, the liberal professions, artisans, traders, associations). Any order implies, on the part of the customer, the unreserved acceptance of these general conditions of sale.
These conditions of sale, as well as the prices contained in this electronic catalogue, cancel and replace those previously published.
PROVOST reserves the right to change its sales prices in line with changing raw material costs.
Article 2: Order
The order only becomes definitive after:
- collection of the down payment requested
- and confirmation from the vendor in the form of notification of receipt of the order.
An accepted order may not be cancelled without the consent of PROVOST.
Changes by the customer to a definitive order are subject to the agreement of PROVOST, which reserves the right to request an indemnity to cover the costs incurred, without this being less than 30% of the order.
Article 3: Technical specifications and packaging
The characteristics, dimensions, weight, photographs, as described in the electronic catalogue or any other advertising medium, have merely indicative value. The vendor reserves the right to make any change it deems appropriate, even after receipt of the order, although characteristics deemed to be essential must not be affected.
The letter " V " affixed to a reference/ product indicates a bulky product with specific transport costs (contact the agency on 0810 725 725)
The symbol " * " affixed to a reference/ product indicates a product made to order, with specific delivery deadlines (contact agency on 0810 725 725)
In the absence of a special request from the purchaser, the need for packaging and the type of packaging may be decided on freely by PROVOST. Packaging is always paid by the purchaser and not PROVOST. If the purchaser himself designs the packaging or designates the company to create it, PROVOST may not be held liable for damage due to faulty or unsuitable packaging.
Article 4: Quotes, studies and prototypes.
All quotes are valid for a month after being drawn up.
Quotes requiring significant preparatory work and studies may be invoiced. The parties will agree on the financial conditions for making them.
These studies, principally those which notably modify the customer’s technical specifications, remain the exclusive property of the vendor, and may not be disclosed, executed or reproduced without prior written authorisation.
Likewise, when the order bears on the creation of a prototype, the preparatory work, methods and procedures carried out remain the exclusive property of the vendor.
In this respect, the customer is prohibited from directly or indirectly:
- using any element whatsoever of said studies, and using in any way whatsoever the prototype and the results of studies carried out and developed by the vendor.
- from carrying out any total or partial reproduction and/or adaptation of the prototype
- from disclosing to third parties the information provided or elements passed on (plan, prototype…) by the vendor.
Article 5: Delivery, Deadlines
Deadlines are given for indicative purposes and as precisely as possible. Any delays will not give the customer the right to cancel the order, reject the material or claim any damages whatsoever.
What ever the case, deadlines may only be respected if the customer provides, subject to the agreed conditions and deadlines, plans and/or elements of any type necessary to execute the order.
In any event, the agreed deadlines will be extended in the event of force majeure.
The following are, in particular, deemed to be cases of force majeure: the total or partial cessation of work on the part of the vendor’s staff or one of its suppliers or haulers due to a strike, fire, flood, production accident, lack of raw materials, the breakdown of machinery or tools.
TERMS: The material travels at the risk of the customer, whatever the destination and whatever the means of transport.
In the event that delivery is entrusted to a hauler, It is the responsibility of the customer, in the event of damaged or missing items, to make all observations necessary on transport documents, and to confirm any reserves by recorded mail with notification of receipt sent to the hauler within three days of receipt of goods.
Except in the case of special agreements, unloading is the responsibility of the customer.
RECEIPT: Without prejudice to measures to be taken vis a vis the hauler, claims relating to apparent defects or non compliance of the material delivered must be lodged within 48 hours of the arrival of the material, by registered mail with a request for notification of receipt. It is the responsibility of the customer to provide any evidence proving the existence of defects or anomalies. In the event of acknowledged non compliance, the material in question may be repaired or replaced, or a credit worth at least the value of the material may be given, without any other compensation whatsoever by the vendor, who reserves the right to choose the most appropriate solution. Anomalies will only be acknowledged after the customer has allowed the vendor to observe the condition of the material.
No material may be returned without the written agreement of the vendor.
Article 6: Liability - Guarantee
PROVOST guarantees, pursuant to the law, the customer against any hidden defect deriving from faulty materials, design or manufacture affecting the products delivered and rendering them unfit for use.
All guarantees are excluded in the event of improper use, negligence or lack of maintenance on the part of the customer, as well as in the case of normal wear and tear affecting the item, or force majeure, and are excluded for equipment sold which includes salvage from the customer.
It is the responsibility of the user to put in place the necessary security measures, in particular according to the specificity of the products stored, and for which the user is responsible for respecting our user instructions to ensure full satisfaction with PROVOST goods.
If PROVOST's liability is acknowledged in respect of materials provided or a service rendered, the maximum amount of the compensation which can be paid to the customer may under no circumstances exceed the price paid by the customer for the material or the service in question.
Under no circumstances may PROVOST’s liability be sought due to errors in the plans or other elements supplied by the customer. PROVOST is not responsible for the effects of its material on other goods and/or any direct or indirect damage, with the exception of damage to persons.
The customer guarantees, under his sole liability, the ceilings and foundations on which PROVOST material will be installed, and in particular he must check or have checked that they comply with the tolerances required by PROVOST, and are capable of bearing works and maximum loads, and undertakes to inform PROVOST, when ordering, of any obligation and/or legislation, standards and specific regulations applicable to his professional sector, in particular to stored products..
Article 7: Price - Payment
Material is supplied at the rate in force on the day of the order, or at the price fixed in the quote, the quote nevertheless being valid for only one month being drawn up.
These prices are understood to be pre-tax, ex works and excluding assembly.
For any order bearing on an amount of less than €100 Euros excluding tax, as well as for any first order from a new customer, payment will be made in cash, before the delivery of goods.
In other cases, invoices are payable as follows:
- 1/3 of the order by cheque,
- the balance within 30 days of the billing date by cheque.
There will be no discount for early payment of the invoice.
Any sum not paid when due will give rise to:
- the payment of late interest at a rate equivalent to 3 times the legal interest rate, until effective payment has been collected.
- the immediate enforceability of the entire debt in the event of payment by instalments
- the immediate enforceability of all invoices not yet due
- the suspension or cancellation, at the choice of the vendor, of any current order.
Any invoice recovered by the legal department will be increased by a fixed indemnity set at 12% of the sums owed, with a minimum of €100.
In the event of deterioration of the customers credit, a downwards review or cessation of the guarantee granted by the vendor’s credit insurance company, the latter may, if deemed appropriate, modify payment deadlines or require a guarantee.
Article 8: Cancellation
If the customer cancels the order, and if he has not withdrawn it within the necessary deadline, or if he does not meet his contractual obligations, the contract, as well as any orders currently being executed will be cancelled ex officio and without formalities eight days after notice has fully or partially gone unheeded during this period.
Any down payment will be kept by PROVOST as an initial indemnity. An indemnity for an amount equivalent to on third of the order will be owed to PROVOST, which reserves the right to dispose of the goods.
ARTICLE 9 : RESERVATION OF TITLE CLAUSE
PROVOST retains full and exclusive ownership of the material sold until full payment of the price, but the customer will bear risks once it leaves the vendor’s warehouse.
In the event of a claim for the restitution of the material, PROVOST will keep any sums paid to it in return for use of the material by the customer. In the event that the customer wishes to resell the material, he agrees to inform the sub-purchaser of the existence of the reservation of title clause and PROVOST’s right to claim the return of either the material or the retail price to the amount of the debt in terms of principal, interest and costs.
ARTICLE 10 : ASSIGNMENT OF JURISDICTION
Any dispute, of any type whatsoever, will be subject to the exclusive jurisdiction of the ROUBAIX-TOURCOING commercial court, which must apply French law.