General terms and conditions of sales
By placing an order, the buyer unconditionally agrees to these General Terms and Conditions of Sale of CTRMAT, set forth below.
1 • AREA OF APPLICATION
These General Terms and Conditions of Sale apply to all sales concluded by CTRMAT, a company with a capital of €20,000, whose registered office is located at 6 Chemin de la Bourgogne, 95590 Presles, and which is registered with the Pontoise Trade and Companies Register under number 982 225 161, SIREN: 982 225 161, APE CODE: 4663Z, Intra-Community VAT: FR86 982 225 161.
These Terms and Conditions apply:
• Regardless of any clauses that may appear on the customer’s documents, including their General Terms and Conditions—regardless of the method used to place the order (phone, email, or mail).
• Also to orders placed on our online store www.ctrmat.fr, owned by SAS CTRMAT.
2 • PRICES
The prices listed are net prices excluding tax in €, and are provided for informational purposes only, without obligation. In the event of significant fluctuations in exchange rates, customs duties, purchase prices from our suppliers, or transportation costs, prices will be revised without notice, even after orders have been placed. Any order constitutes acceptance of our prices.
3 • PAYMENT
The first order is payable in advance, without discount. Furthermore, no discount is offered for “early” payment.
A customer account is opened upon the second order, provided that it is placed within 12 months of the first order and subject to the submission of several required documents (complete contact information, bank details, etc.).
Once a customer account is opened, the payment terms for France are as follows:
• Invoices under 200 euros: payable upon receipt without discount,
• Invoices over 200 euros and under 5,000 euros: 30 days net by LCR without acceptance—subject to conditions
The due date is always determined based on the invoice issuance date, not the date of receipt of the invoice or the goods. Credit notes are deductible and non-refundable.
The customer expressly agrees to receive invoices electronically, in accordance with current regulations on electronic invoicing between businesses.
4 • PAYMENT TERMS
All orders that CTRMAT agrees to fulfill are subject to the customer’s financial situation and their ability to pay the amounts due by their due dates. Furthermore, if CTRMAT has serious or specific reasons to fear payment difficulties on the part of the customer at the time of the order or thereafter, or if the customer no longer provides the same guarantees as at the time of the order, CTRMAT may make the opening of a customer account, the acceptance of the order, or the continuation of its fulfillment contingent upon cash payment or may require guarantees from the customer.
5 • METHODS OF PAYMENT
Accepted payment methods include bank checks, wire transfers, accepted or automatic drafts, and credit cards.
6 • ORDER
Orders become final only after acceptance by our company. Acceptance may be implied by the shipment of the products.
Any cancellation or modification of a customer order must be notified to us in writing and must be expressly accepted in writing by us, which we reserve the right to refuse.
CTRMAT reserves the right to refuse orders in the event of the customer’s failure to fulfill any of its obligations and, more generally, to refuse any order that is of an abnormal nature for any reason whatsoever.
7 • DEPOSIT
All orders of an exceptional nature due to the quantities or specific characteristics of the items (custom manufacturing, non-catalog items, personalized items, etc.) will be subject to a deposit at the time of ordering, which may amount to up to 100% of the total purchase price. If a balance remains, payment may be requested prior to delivery.
8 • PRICE QUOTES
Price quotes are valid for 30 days, unless otherwise clearly stated in the quote.
9 • DISCOUNTS AND REBATES
The customer may be eligible for discounts and rebates, based on specific offers, depending on the items and quantities ordered in a single transaction and at a single location, or on the regularity of their orders.
10 • EXCLUSION OF ALL PENALTIES
Notwithstanding any contrary clauses or provisions that may appear in terms of purchase, listing contracts, logistics terms, and specific agreements (etc.), no penalty of any kind shall be accepted by CTRMAT, regardless of the reason for the penalty. Any contrary clause is deemed null and void. As such, CTRMAT does not accept automatic debits.
1 1 • SHIPPING COSTS AND INSURANCE
Shipping, packaging, and insurance costs are the customer’s responsibility. These are calculated based on the order amount—a flat rate in mainland France and based on weight for other destinations. Special packaging fees remain due regardless of the order amount, the shipping method, and even if the order was shipped with free shipping.
12 • SHIPPING
Goods are shipped at the recipient’s risk regardless of the shipping method, and even if they were shipped with free shipping.
It is the customer’s responsibility to inspect the package upon arrival, to file the necessary claims with the carrier in the event of an incomplete or damaged package, and to confirm via certified mail within 48 hours. The company cannot be held liable under any circumstances.
13 • DELIVERY
13·1 • Delivery Method
The risk of transport is borne entirely by the buyer. Delivery is made either:
• By carrier to the customer’s address or any other location indicated by the customer on the order form,
• By pickup of the goods by the buyer’s carrier,
• By hand delivery to the customer at our premises.
13·2 • Delivery Times
Delivery times average 10 business days, except for machinery, where delivery times may vary and will in such cases be communicated to the customer. CTRMAT reserves the right to make full or partial deliveries without incurring penalties of any kind. Our company strives to meet the delivery times indicated upon order acceptance, provided that the delivery time is given for informational purposes only. Delivery times are provided for informational purposes only, particularly for deliveries outside mainland France, which are subject to the uncertainties of international transport and customs formalities.
Delivery delays shall not give rise to any penalty or compensation, nor shall they justify the cancellation or termination of the order. Penalty clauses appearing on commercial documents are not enforceable against us.
14 • RETURNS AND NO RIGHT OF WITHDRAWAL
Any return must be subject to prior written approval from CTRMAT. As these sales are exclusively intended for professionals for the purposes of their business, no right of withdrawal applies, in accordance with Article L221-3 of the French Consumer Code (except in exceptional cases involving a contract concluded off-premises, outside the main business activity, and by an entity with fewer than 5 employees). In the absence of an error on the part of CTRMAT, any accepted return will be subject to a discount on the original price. Return shipping costs remain the sole responsibility of the customer.
15 • RETENTION OF PROPERTY
CTRMAT retains exclusive ownership of the delivered goods until full payment of the price and any associated charges has been made; this clause is also enforceable against third parties in the event of the buyer’s liquidation or judicial settlement.
16 • WARRANTY
16·1 • Scope and Duration of Warranty
Products are warranted for one year from the invoice date (issued by CTRMAT) and up to their expiration date. The warranty covers parts and labor (excluding batteries). It covers:
• Any original defect,
• Any defect in conformity or operation.
The warranty is void in the event of defects resulting from:
• Use or maintenance not in accordance with the instructions or, failing that, with standard industry practices,
• Inappropriate storage conditions,
• Failure to follow the installation and/or connection instructions,
• Accidental external causes resulting from the incorrect use or installation of a product.
The warranty does not cover normal wear and tear of the product, nor any repairs or modifications made to the products by anyone outside of CTRMAT. Batteries, power supplies, motors, and other electrical parts, as well as probes and sensors (considered wear-and-tear parts and consumables), are excluded from the warranty.
Repair, modification, or replacement of the product during the warranty period shall not extend the product’s warranty period.
Any inspection of a product returned to our After-Sales Service that does not fall within the scope of the warranty conditions will be billed at 8 euros per product.
16·2 • Terms for Exercising the Warranty
The warranty is exercised at the discretion of CTRMAT, following an inspection of the defective product:
• Either by providing a new replacement product free of charge,
• Either by providing a new replacement product free of charge,
To this end, defective parts or products must be returned to CTRMAT at the buyer’s expense within 30 days of the product being found to be defective.
CTRMAT will cover the return shipping costs for products under warranty.
17 • NON-PAYMENT / INSOLVENCY
Unless a deferral is requested in a timely manner and granted in writing by our services, failure to pay a single installment will result in the acceleration of all outstanding debts. CTRMAT reserves the right to demand immediate payment of all other invoices, regardless of their due dates, and to suspend all deliveries and/or cancel any pending orders until all outstanding invoices have been paid in full.
Any deterioration in the customer’s creditworthiness may, at any time and depending on the risks involved, justify the setting of a limit on the customer’s authorized overdraft, the requirement of specific payment terms and methods, cash payment for current and future orders, and certain guarantees.
17·1 • Penalties for Non-Payment
Late payment penalties are due after the payment deadline indicated on the invoice at a rate of 3 times the statutory interest rate divided by 365 per day of delay. In addition, a penalty clause of 15% of the unpaid amount applies.
17·2 • Fixed-Amount Collection Fee
In the event of late payment, the customer shall also be liable for the fixed-amount collection fee of 40 euros provided for in Article L. 441-10 of the Commercial Code. It is specified that this fixed compensation does not limit other costs that may be incurred by our company for the purpose of collecting our invoices.
18 • ILLUSTRATIONS AND DOCUMENTATION
Illustrations, photos, and texts are for informational purposes only. CTRMAT is not liable for any printing errors in texts, photos, or prices.
Since the product photos presented on our website and in our catalog are not binding, the graphic representation of a product shall not engage the liability of CTRMAT, nor shall it affect the validity of the sale.
CTRMAT is only bound by the information appearing on its own letterhead documents. It cannot be held liable for any error, of any nature whatsoever, contained in a customer document.
19 • DISPUTES
Any dispute regarding the interpretation and execution of these specific and general terms and conditions of sale shall not give rise to the payment of any compensation by CTRMAT, unless expressly agreed to by CTRMAT.
Right of Withdrawal
In accordance with Article L221-3 of the French Consumer Code, the right of withdrawal between professionals applies only if the following three conditions are met:
- The contract is concluded off-premises.
- The subject matter of the contract does not fall within the scope of the professional’s main business activity.
- The company employs five or fewer employees.
Outside of these conditions, no order for professional equipment confirmed on www.ctrmat.fr may be subject to a right of withdrawal.
20 • JURISDICTION
All contractual relations between CTRMAT and the customer arising from the application and interpretation of these Terms and Conditions, as well as any specific agreements that may be entered into, and all disputes arising therefrom, regardless of their nature, shall be governed in all respects by French law, even if the products were sold to a customer located outside of France.
Any dispute arising from the performance of the contractual relationship between CTRMAT and the customer, as well as any resulting actions, shall be subject to the jurisdiction of the competent courts of Pontoise, notwithstanding any incidental claims or third-party proceedings, or in the event of multiple defendants. The application of the United Nations Convention on Contracts for the International Sale of Goods (1980 Vienna Convention) is expressly excluded.