Second hand machines
We buy any machine per unit or in batch
Tel : + 33 (0)4 37 45 11 00
1 - ORDER
The present order form is firm and definitive.
However, the scope of this undertaking is limited to what is expected on the order form.
2 - DELIVERY TIME
We endeavor to adhere to the agreed times for delivery. The times are given as a general model and any delay cannot be the overtaking of delivery deadlines cannot establish a justifiable and acceptable cause, neither for delivery refusal nor for refunds.
The company is released from the obligation of delivery for any fortuitous event or force majeure, such as strikes, floods and fires, etc.
3 - PRICE
For imported goods included in this order form, prices are guaranteed against any rate increase, subject to the change in the exchange-rate causing an increase in their value.
4 – ORDER CONFIRMATION
Orders are only considered after a down payment, which is determined between the parties. Any quantitative or qualitative final changes can only be accepted to the extent that it does not interfere with the production or supply.
5 - TRANSPORTATION AT CLIENT'S EXPENSE
Transportation is provided by us at the customer’s expense until the actual take-over of the customer characterized by the signature of delivery form provided by the carrier. From the takeover there is transfer of custody and therefore, responsibilities.
6 - CLAIMS
The customer is responsible for verifying the condition, contents, and quantity of the packages when they are delivered. After a period of three days from the receipt, no claim will be accepted. In no case, may the client rely on the existence of a dispute to delay the payment of an invoice.
7 - DOWNPAYMENT
All amounts paid at the time of the order are not considered as deposit within the meaning of Article 1590 of the Civil Code, but is the first act of payment on account of the price remaining due under the commitment agreed that is firm and final. They definitely remain ERMO's property. The buyer will not be able to request restitution following his refusal to perform the contract.
8 - PAYMENT METHOD
Payments are always due when goods are made available. They must be payable in cash, net or by effects that we draw on customers and increased costs caused by their manufacturing.
Express agreement and except deferral granted by us, failure to pay by the deadline will run its own right, regardless of the payment method, providing an interest of 1% per month on overdue amounts owed.
In case of payment in installments, failure to pay any of the installments agreed leads to immediate repayment of the full amount due.
If no amicable agreement is reached, we will also add damages and penalty clauses of 20% of the amount due for unreasonable and unjustified resistance in accordance with Article 1229 of the Civil Code. This penalty clause cannot be less than 1,000.00 €
Any delay in payment not reported at least 15 days in advance allows us to suspend or cancel the remaining deliveries.
9 - WARRANTY
Our warranty starts the day of the delivery. It can only be applied if the orders were used for their intended purpose.
Used equipment may in no case be subject to a guarantee, it is sold as seen and as approved by the buyer.
We disclaim all liability and warranty when a startup or commissioning of the machine has not been done by ERMO.
10 - SPECIFIC CLAUSE « RESERVE OF PROPERTY » (loi du 12 mai 1980)
Items provided by us shall remain our property until the buyer has paid the full amounts due, as detailed on the order form and by the agreements reached between the buyer and seller after the signing of the purchase order.
The buyer undertakes, until full payment, to:
- Adequately fulfill these risks against fire, water damage, electrical hazards, as accidental damage of any elements remain in any case to the responsibility of the buyer.
11 - PLACE OF PAYMENTS
Our invoices are payable at our office. Drafts drawn by us, to facilitate payment, do not in any case novation to the place of payment.
12 - TERRITORIAL JURIDICTIONS
In case of any dispute and express agreement, the Tribunal de Commerce de Lyon is sole qualified even in the case of incidental requests, introduction of third parties and/or multiple defendants. even if call warranty.
13 - LANGUAGE
The present contract has been drawn up in English and French, however in the case of discrepancies between the different versions, the French version shall prevail.