Terms & Conditions

Ocono France SARL is committed to maintaining transparent and fair business relationships. The following terms and conditions form the basis of all contractual relationships with our customers and suppliers. Their purpose is to clearly and bindingly define the rights and obligations of both parties.

§ 1 Scope

§ 2 Preis

(1) Unless otherwise stated in the order confirmation, our prices are quoted for packaged goods, ex works. Transport costs will be charged in addition. 
2) Value Added Tax (VAT) is not included in our prices; it will be shown on the invoice at the statutory rate applicable on the date of invoicing. 
(3) Discounts may only be deducted if agreed in writing. 
(4) We reserve the right to amend our prices at any time. We undertake to invoice the goods ordered at the prices stated at the time the order was placed, except in the event of extreme fluctuations in raw material prices.

§ 3 Terms of payment

(1) All our supplies are payable 30 days net at the end of the month. 
(2) If a credit note is issued, it is valid only against the next order; we will not refund the amount of the credit note. 
(3) Failure to pay or late payment on a due date shall result in all sums due becoming immediately payable, including those not yet due.(4) In the event of total or partial non-payment, we may reclaim the goods without delay and without any specific formalities. Furthermore, at our discretion, we may, where appropriate, decide not to pursue the reclaim and instead exercise our right to be paid the sums due, plus interest, penalties and costs. 
(5) In the event of total or partial non-payment by the due date, from the day following the payment date stated on the invoice, the buyer shall pay a late payment penalty equal to three times the statutory interest rate. The statutory interest rate applied shall be that in force as set by the European Central Bank. 
(6) Late payment penalties are payable without the need for a reminder. 
(7) A fixed compensation fee of €40 for recovery costs shall be charged in the event that the sums due are settled after the due date. These costs are automatically payable. 
(8) In any event, we reserve the right at any time, even whilst a contract or order is being fulfilled, to require a guarantee approved by us of the proper performance of the customer’s obligations. The customer’s refusal or inability to provide such a guarantee entitles us to cancel the order or contract in whole or in part. 
(9) We retain title to the goods until full payment has been made. The customer may therefore not dispose of them in any way whatsoever prior to full payment. It is understood in any event that the buyer shall bear the risks associated with the goods by taking out all necessary insurance for our benefit but at their own expense until full payment has been made.

§ 4 Delivery times

(1) Our delivery times are given for information purposes only and commence once the customer has provided and clarified all technical details. 
(2) Partial deliveries are possible and shall be treated as separate deliveries for the purposes of payment and claims. We reserve the right to deliver customised (non-standard) products in quantities up to 10% above or below the ordered quantity, unless otherwise agreed in writing between us and the customer. 
(3) Any penalties for delay and/or order cancellation and/or damages payable by us are excluded in the event of a delay in delivery.
(4) The risk of transport is borne entirely by the buyer, including for carriage paid deliveries. In the event of missing items, damage or delays, it is the recipient’s responsibility to make all written and summarised reservations with the carrier at the time of delivery and to confirm these by registered letter with acknowledgement of receipt within THREE days.

§ 5 Complaints

(1) With the exception of the transport risks mentioned in paragraph 4, any goods that have not been returned or the subject of technical comments within EIGHT days of delivery shall be deemed to comply with the order in terms of both quantity and quality. 
(2) Any storage on a construction site or at a point of sale is at the customer’s own risk. 
(3) In the event that a quality defect is acknowledged by us, our liability is limited to the straightforward replacement of the goods or, where applicable, the reworking of the work carried out by us, to the exclusion of all other costs and/or compensation of any kind. 
(4) Furthermore, only complaints relating to orders placed and confirmed in writing shall be considered; it is, however, understood in all cases that slight variations in thickness or colour within the usual tolerances shall not give rise to a justified complaint.

§ 6 Property Rights

(1) We retain the property rights to the goods until all payments under the supply contract have been received. Should the Customer act in breach of the agreement, in particular in the event of non-payment, we are authorised to take back the goods. Our taking back of the goods constitutes a withdrawal from the agreement. 
(2) The Customer is obliged to treat the goods with care; in particular, they are obliged to insure the goods against fire, water and theft at their own expense. If maintenance and inspection work is required, the Customer must carry this out at their own expense in a timely manner.

§ 7 Jurisdiction – Applicable law

(1) By express agreement, the courts in whose jurisdiction the establishment is situated shall have exclusive jurisdiction over any dispute, even in the event of multiple defendants or third-party proceedings. The various methods of dispatch or payment shall not constitute a novation or derogation from this jurisdiction clause. 
(2) French law shall apply exclusively.

§ 8 Termination

§ 9 Agreement regarding Article 12g of Council Regulation (EU) No 833/2014 between Customer and Ocono France