General Sales Conditions 2012

1. ORDERS
When the customer places an order with Cima, this involves his total respect of the general sales conditions mentioned below without any limits.
When the customer places an order, he must respect the conditions mentioned in the price list in his interest in order to allow a quick treatment of the order. Our prices are net ex-works and the order will be approved and confirmed by acknowledgment of account.
Each order must be imperatively transmitted by post, fax or mail (written document) and must include the stamp of the purchasing company as well as the name of the contact person who is authorized to sign official documents.

2. PACKAGINGS
In any case, the orders must respect the packagings in cases, batches or boxes corresponding to the price list, otherwise they won’t be delivered.

3. PRODUCTS
All our offers are valid as long as our stock of goods is available. We are not responsible for a possible mistake from one of our subcontractors. Moreover, the technical specifications of the material presented can be changed by the manufacturer at any time without any previous notice.

4. ADDITION OF ORDER
Every addition on a pending order must be made within 48 hours maximum (after the date of order registration).

5. SPECIFIC ORDERS
For each order of specific medical material and furniture, 50 % advance payment will be requested. And for every other order > 10 000 € net , 30 % advance payment will be requested.

6. DELIVERY TERMS

Transport costs are invoiced in addition to NET amount of the order according to weight of the sent goods and according to carrier's price list.

7. PAYMENT TERMS

CASH PAYMENT
1 % discount will be granted for a settlement by cheque or bank transfer if this one is made within height days after date of invoice.
If payment is not settled in the granted deadline, late payment penalties corresponding to the latest interest rate applied by European Central Bank for refinancing and raised by 10-point percentage will be due (LME Art. 21 ; modified Art 441-6 of Commercial Law).
It is agreed that the goods delivered will remain our ownership until the last day of total payment in accordance with the law of 12/05/1980.
Payment deadlines are mentioned above as information because our company reserves the right to ask for cash payments without any previous notice if the financial data about the customer transmitted by special establishments would be worse and worse.

NEW CUSTOMER
It will be asked for the first order from every new customer a cash payment in advance before loading the goods as well as the bank details of the customer.

PAYMENT FAILURE
In case of payment failure, we reserve the right to interrupt our deliveries at any time. Moreover, the customer will have to pay by bank transfer before shipment of the goods for the next orders.

8. DISPUTES
Every dispute appeared during a transport must be urgently communicated to our company. Our company does not undertake any responsibilities if cases or pallets are lost or damaged by the carriers. Regarding this matter, we would like to point you out that any remarks must be clearly written on the carrier’s delivery note without any ambiguity. Please note that the mention “subject to unpacking” is neither valid nor agreed by insurance companies. For more convenience or any additional service concerning our customers, we can replace the customer himself for any refund request. This step does not commit our company to any responsibilities and if the remarks have not been written – or have been wrongly made -, it is clear that the customer will have to undertake his own responsibilities. The goods sent back to us with due transport won’t be valid except if agreed with us before.
Any disputes will be investigated by the Trade Court of our Head Office.
The clause of property reserve will be applied in all our contracts.

9. GOODS SENDING BACK
In case of order mistake from our customers, an exchange will only be possible after a written approval from our part confirming that new goods with new packaging will be sent back at customers'charges. The issued credit note will take in account a basic 10% decrease corresponding to treatment costs as follows : sending, control, re-packaging, re-integration in stock.
Custom-made products or specific products may not be returned neither exchanged.

10. PRICE MODIFICATION
The price list is valid for the current calendar year. It is indicative and not contractual in any case..
As a result of the international economic activity (unforeseen changes in the manufacturers’prices as well as in the exchange rates), the purchase prices can considerably change from one delivery or one import to another.
Therefore, the current price list can be changed at any time. However, only increases exceeding 5% will be applied.

11. PROPERTY CLAUSE AND LAW
The goods property is transferred when total payment is made by customer on due date. However, the risks are transmitted on delivery date.
If payment is not made in the foreseen deadline, the seller has got the right to take the delivered goods back and to cancel the contract if necessary.

In case of non-payment on due date, our company has got the right to proceed to following actions at customer's charges and risks:
. To establish the list of the unpaid goods.
. To take the delivered goods back which must always be identified. The goods in stock are supposed to be the unpaid ones. The customer may re-sell the goods as normal activity of his company.
However, he loses this right in case of suspension of payments or if payment is not made on due date. The customer must then in both cases and on request from our company give following information :
- Complete names and addresses of his buyers;
- The total amount due by his buyers.
Any disputes, whatever nature or cause, will be investigated by Trade Court of COUTANCES, despite delivery place or accepted way of payment and even in case of warranty appeal or plurality of Counsel for the Defense.