Terms and conditions
ARTICLE 1 - Scope of agreement
Pursuant to Article L 441-1 of the French Commercial Code, these General Sales Terms form the sole basis for the business relationship between the parties.
Their purpose is to set out the terms and conditions under which FRANCE POULTRY SASU provides professional buyers (hereafter referred to as the "Buyer(s)") on request through direct contact, by letter or email, with the poultry or poultry products listed in a pricelist attached to these General Sales Terms (hereafter referred to as the "Product(s)") for delivery outside mainland France and DROM COM.
A Buyer who orders any Products is deemed to have accepted these General Sales Terms of FRANCE POULTRY SASU fully and without reservation. Any condition stipulating otherwise, particularly any general or special terms and conditions of the Buyer, including any purchase terms and order forms, shall therefore not be binding upon or enforceable against FRANCE POULTRY SASU, save with its prior written consent.
Pursuant to the applicable regulations, these General Sales Terms shall be made available and provided to every Buyer to allow such Buyer to place orders with FRANCE POULTRY SASU. In the case of cooperatives or franchise holders with independent affiliates, these General Sales Terms shall be sent to the purchase centre of such cooperatives or franchise holders, which agrees to make sure all affiliates are informed of them, making them binding and enforceable.
Les renseignements figurant sur les catalogues, prospectus et tarifs de la société FRANCE POULTRY SASU sont donnés à titre indicatif et sont révisables à tout moment. La société FRANCE POULTRY SASU est en droit d'y apporter toutes modifications qui lui paraîtront utiles.
Pursuant to the applicable regulations, FRANCE POULTRY SASU reserves the right to deviate from certain provisions in these General Sales Terms and to adopt Special Sales Terms reflecting the negotiations conducted with the Buyer. FRANCE POULTRY SASU may moreover issue General Sales Terms for different categories deviating from these General Sales Terms, depending upon the type of customer, based upon objective criteria. In this case, the Category-based General Sales Terms shall apply to all operators with these criteria.
In any event, FRANCE POULTRY SASU cannot be subjected to obligations establishing a material imbalance between the rights and obligations of the parties in breach of Article L 442-1 of the French Commercial Code. Any advantage granted under Special Sales Terms shall be granted subject to a "balanced" consideration.
ARTICLE 2 - Orders - prices
Orders may be placed by postal mail, email, fax or EDI. Orders shall only become fixed and final once they have been expressly accepted in writing by FRANCE POULTRY SASU, which shall in particular check the availability of the ordered Products.
FRANCE POULTRY SASU shall only consider orders weighing at least 100 kg.
Sauf accord particulier convenu préalablement avec le client, ces tarifs sont nets et HT, départ usine. Ils ne comprennent pas le transport, ni les frais de douane éventuels et les assurances qui restent à la charge de l'Acheteur.
ARTICLE 3 - Terms of payment
FRANCE POULTRY SASU shall not have an obligation to deliver Products ordered by the Buyer if the Buyer is behind on its payment obligations.
The penalty calculation formula is: late-payment penalty = [(key rate of the European Central Bank + 10 points) x amount including VAT] x (number of overdue days/365).
ARTICLE 4 – Deliveries
ARTICLE 5 - Transfer of ownership – transfer of risks
ARTICLE 6 - FRANCE POULTRY SASU's liability – Warranty
The warranty shall be inseverable from the Products sold by FRANCE POULTRY SASU. The Product may not be sold or sold on in corrupted, processed or modified form.
This warranty shall be limited to replacement or reimbursement of non-conform or defective Products.
In order to claim its rights, the Buyer shall inform FRANCE POULTRY SASU in writing of the existence of defects within maximum 3 (three) days from their discovery. Failing this, it shall forfeit all right to legal actions or remedies with regard to such defects.