EXTRACT – GENERAL CONDITIONS OF SALE 2023

The present specific conditions cancel and replace all previous conditions of sale and complete the professional GTS of the SIO also applicable to the relations between SAM OUTILLAGE and its customers.

All the general conditions and specific conditions of sale communicated to customers with the evolution of the price list and published on our website www.sam.eu are the only ones valid, even in the event of contrary indications in the general purchase conditions of our customers, and the sole fact of placing an order with us implies the unreserved acceptance of each of them, including the so-called reservation of ownership clause.
Commitments made by our representatives are only valid after official acceptance by SAM OUTILLAGE

Logistical and administrative services

Administration costs, free postage and packing are granted for all orders where the net amount excluding VAT per order reaches or exceeds 250€ (metropolitan France and Corsica) and only if the shipment is made to a single recipient and in a single operation. Any order below this amount is automatically increased by 15€. In case of express shipment, the costs are to be paid by the addressee. Outside metropolitan France and Corsica, unless otherwise stated in writing by SAM OUTILLAGE, delivery is made FCA factory or customs St Etienne in accordance with Incoterms 2020.

Orders

Orders, once acknowledged by SAM OUTILLAGE, become binding and cannot be cancelled; products cannot be taken back by us. For all non-catalogued products that are specially manufactured, we reserve a delivery tolerance of 10% of the quantities ordered, plus or minus.

Mode of shipment

Our customers must always specify very clearly on their orders the desired method of shipment. The products, even if sent carriage paid, travel at the risk of the recipient. A fixed weekly day can be agreed for the handing over of the goods to the carrier in order to facilitate the organisation and the service of SAM with its customer.
In no case can this day be considered as a contractual commitment.
In the event of packages, missing or damaged products during transport, the customer must formulate precise and detailed reserves on the transport note and have them countersigned by the carrier. In order to be accepted, these reservations must also be confirmed to us by registered letter with acknowledgement of receipt 72 hours after delivery at the latest.
We are never responsible for delivery times and only the date of dispatch determines the due date. In case of carriers or express shipments imposed by the customer, the shipping costs are always at the expense of the recipient.

Other complaints

Our customers must check each delivery.
No complaints will be accepted after a period of eight working days from the date of receipt.
In case of fault attributable to our company, our liability shall be limited to direct material damage caused to the customer. Our civil liability for all causes, with the exception of personal injury and gross negligence, is limited to the price of the product in question. Any claim or action on the part of the customer relating to the commercial relationship with our company, of whatever nature, must be formulated at the latest within three years following the expiry of the calendar year in respect of which the claim or action arose. Failing this, and in derogation of the provisions of Article L110-4 of the French Commercial Code, any request or action shall be considered inadmissible and the customer's action shall be time-barred.

Deadlines

Our delivery times are given for information purposes only and cannot be held against us in the event of a delay or as a pretext for any cancellation or claim for compensation.
All cases of force majeure justify for our Company the cancellation or suspension of orders and contracts or the delay of their delivery, without any compensation.

Force majeure

The occurrence of a case of force majeure has the effect of suspending the execution of our contractual obligations. A case of force majeure is any event beyond our control that prevents the normal functioning of the manufacture and shipment of the products. In particular, cases of force majeure include total or partial strikes hindering the proper functioning of our company or that of one of our suppliers, subcontractors or carriers, as well as interruptions in transport, energy supply, raw materials or spare parts.

Prices

Our products are invoiced at the prices in force on the date of the order, expressed in euros. Our customers must apply the new price communicated by SAM% OUTILLAGE within 60 days of receipt.
The column excluding tax in the price list corresponds to the base price for the calculation of our discount.
These sprices are exclusive of tax, customs, insurance and transport costs, in standard packaging and ex works.
Any special packaging requested by the customer will be invoiced in addition.

Return

No returns, except for warranty claims, will be accepted without our prior agreement. In case of agreement, the products must be returned to us in perfect condition in their original packaging, carriage paid. Only products listed in our current catalogues may be accepted. Credit notes will always be established at the cost of acquisition minus 20%, taking into account, among other things, the handling costs for restocking.

Warranty

The guarantee is reserved for customers who have an account with SAM OUTILLAGE. The products are guaranteed against any manufacturing defect or hidden defect. The warranty is limited to defective parts and excludes all damages. Each product has its own code and level of guarantee; the conditions of application of the guarantee are set out in the GUARANTEE text appearing in the price list and can be consulted on the sam.eu website (heading SERVICES / product guarantee).
Any guarantee ceases if the product is used in an abnormal way or if it has been subjected to an intervention outside our workshops or approved stations

Availability of spare parts

The availability of spare parts for all products (power tools, technical tools, torque tools and ratchets) is 5 years from the date of delivery, as evidenced by the delivery note or invoice.

Registration in the producers' register

In application of article L.541-10 of the Environmental Code: registration number FR000228_10CKD6 (Valdelia DEA sector) and FR000228_05CL9G (Ecosystem D3E sector).

Method of payment, invoicing and interest on arrears

All payments must be made in the same currency as the invoices by bank transfer. Unless otherwise agreed in writing, all our invoices are payable in cash and without discount, by bank transfer, remittance or irrevocable credit. A deposit of up to 50% of the sales price, or even full payment, may be requested from the customer before the goods are dispatched.
Failure by the customer to comply with any of the deadlines set shall automatically entail a late payment penalty, determined by applying the refinancing rate of the European Central Bank plus 10 points, as from the due date shown on the invoice, and a fixed indemnity of 40 euros for collection costs (legal provisions in force).
In the event of higher collection costs, we shall be entitled to request additional compensation.
In the event of legal action, an indemnity of 20% of the outstanding amounts will be applied as a penalty clause.
In the event of late payment, SAM OUTILLAGE reserves the right to suspend the execution of orders in the order book and to demand guarantees even during the execution of orders.
SAM OUTILLAGE does not accept any penalties from the customer unless previously agreed in writing and reserves the right to deduct from the rebates any amount that the customer may have deducted automatically.

Retention of title clause

All products and parts delivered remain the property of SAM OUTILLAGE until full payment of the price. In the event of total or partial non-payment of the price on any of the due dates, SAM OUTILLAGE may, without any formality, demand the return of the products sold.
In this respect, the products in stock are deemed to be the last ones acquired. These provisions do not preclude the transfer to the purchaser, upon delivery, of responsibility for the products, the risks of loss and deterioration of the products sold and any damage they may cause. Any resale before full payment is deemed to have been made on behalf of SAM OUTILLAGE, to whom shall belong the debts arising from such resale, up to the limit of the sums still due, increased by the corresponding late payment interest.

Resale on the internet

Any resale of SAM OUTILLAGE's products on the Internet requires the request for a specific account opening.
Without this authorisation, it is strictly forbidden to resell our products on the Internet.

Law and jurisdiction

All sales and services provided by SAM OUTILLAGE are subject to French law and to the exclusive jurisdiction of the Tribunal de Commerce de Saint Etienne (42).

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