GENERAL TERMS & CONDITIONS OF SALE APPLICABLE TO CUSTOMERS
1-The following conditions of sale shall apply to all sales by Altentaive Products and/or its subsidiaries (the “Seller”) and shall override any Buyer's condition of purchase. 2-All quotations and offers are issued subject to these conditions and all orders accepted imply acceptance of these conditions. Alterations or amendments of these terms and conditions must be accepted by the Seller in writing otherwise they should be null and void.
PLACING AND CONFIRMATION OF ORDERS
No order shall be binding unless confirmed by the Seller in writing by letter, fax or e-mail (“Confirmation of Order”), faxes and e-mails being accepted by mutual agreement as proof of the commercial transaction. Each time that the Seller deems the financial status of a Buyer unsatisfactory, rendering uncertain the payment of receivables, or for any new customer or for any unusually large order, the Seller may require, prior to processing the order, a deposit or satisfactory financial guarantee or full payment of the goods prior to delivery. In the event of non-compliance with those conditions within the time limit specified by the Seller, the Seller is entitled to rescind the contract and the order shall be deemed null and void. Seller may, without liability, cancel or suspend its obligations in part or whole, during any period where Seller is hindered in manufacturing or supplying the goods by normal means by reason of force majeure occurring after Confirmation of Order, which shall include (but not be limited to) general or partial strike and other forms of industrial action, machinery breakdown, shortages of supply and/or transport or any circumstances beyond Seller's reasonable control.
3-PACKAGING
Unless otherwise specified, packing of goods shall be in conformity with Seller’s practice for the transport involved we also sending through Royal Mail or another supplier. Costs for special packing at the request of the Buyer are not included in the price of goods and shall be paid by the Buyer.
4-DELIVERY AND TRANSPORT
The period for delivery shall commence on the date on which Confirmation of Order is given. The delivery date mentioned in the Confirmation of Order is an estimate. The Seller shall have no liability in respect of any failure to deliver by any such estimated date, unless through deliberate negligence on the part of the Seller. If there is no Confirmation of Order prior to delivery, the Seller shall inform the Buyer in advance on the intended delivery date orally or in writing. In all cases, the Seller only carries out shipment and other accessory operations to transportation on behalf and in the name of the Buyer who, on receipt of the invoice, shall reimburse the Seller for expenses incurred for shipments carriage paid. It is the responsibility of the Buyer, who assumes all the risks of shipment, to verify upon reception the quality, quantity, condition, weight of the goods and their conformity to the shipping documents, to make all reservations and to transmit any claims to the carrier, and take appropriate action against the latter within the legal period if necessary. The Buyer shall also communicate any such claims to the Seller for information. If the Buyer has placed an order giving rise to successive deliveries according to an agreed time line, the Buyer shall not be entitled to request any suspension of deliveries or a different distribution of them.
5-PRICE AND PAYMENT
The Seller reserves the right to revise its price list at any time with prior notice of 1 month to the Buyer . Unless otherwise specified, the new prices become applicable to all orders invoiced from the date on which the new prices become effective. Payment terms will be mentioned on the invoice and they will start to run from the date of receipt of the invoice by the Buyer. By acceptance of these conditions, the Buyer accepts and agrees on the right of the Seller to unilaterally determine the payment terms applicable to the given order, which does not constitute and does not require any amendment to the relevant order. No discount for anticipated payment will be applicable unless with the prior written acceptation of the Seller. In case of insolvency, bankruptcy, liquidation, or similar proceeding or arrangement with creditors, or the appointment of a receiver, all outstanding balances shall be deemed immediately due and payable. In case of non-payment, even partial, of any invoice at maturity date, all outstanding debt shall become payable in full.
6-RETENTION OF TITLE
The Seller shall retain title to the goods delivered and ownership of the goods sold shall remain the property of the Seller until payment in full of the principal and accessories has been made. Presentation of documents creating an obligation to pay (such as promissory note or cheques), draft or other, shall not constitute payment. In order to facilitate the identification of goods, the Buyer shall not remove distinctive marks from the goods before their use. If identification of the said goods proves impossible, all goods answering to the same specifications as those of the Seller and not themselves identified shall be deemed to be goods of the Seller, up to the amount of the debt owed to the Seller. The Buyer agrees to transfer the ownership of such goods to the Seller. If the goods have been resold, the Seller shall have a direct claim on the proceeds of sale in the hands of all holders. These latter shall be liable to pay to the Seller all sums which they may owe to the original Buyer on account of the sale of the said goods. Payments effected by the Buyer shall be deducted, as agreed, from invoices issued by the Seller for goods which have been already utilized. All risks related to sold goods (loss, deterioration, damage) including those resulting from conditions of force majeure are passed on to the Buyer on their delivery to the transporter according to the above-mentioned stipulations.
7-FAILURE TO PAY
In the case of non-payment on due date, the Seller reserves the right to cancel ipso jure without prior notice, any orders which have been placed and/or rescind a sale contract.
8-FAILURE TO TAKE DELIVERY
It the Buyer fails to take delivery of the goods delivered in conformity with the order, the Buyer shall be liable for any corresponding costs incurred by the Seller, in particular costs of storage and warehousing. If the Buyer fails to collect the goods at the agreed day of delivery, the Seller shall be entitled to charge warehousing costs of 1 POUND a day from every 100 pounds of orders . Upon arrival of goods at their destination, the Buyer shall promptly examine the conformity of the goods to the order. In case of non-conformity, claims shall only be admissible if received in writing and: - before any utilization of the goods and at the latest 10 days as of delivery date if irregularity can be revealed by elementary check; - within 4 months from the delivery date if the goods present hidden defects. After the above-mentioned period, the goods shall be deemed duly delivered in conformity with the order. If a claim is deemed acceptable by the Seller, our liability shall be limited to the purchase price of the goods, at the exclusion of all other costs and in particular loss of profit or indirect damages.
9- INDUSTRIAL PROPERTY
The Buyer is not entitled to refuse any delivery in case he has requested the Seller to place the Buyer's own trademarks on goods. The Buyer holds harmless the Seller from all liability which may arise from action against the use of any design, pattern or registered trademark or any kind of proprietary right on the said trademarks whatsoever.