Should a different term be agreed, it shall be interpreted in accordance with the provisions of Incoterms 2010 relating to that term.
Any change in the tax or customs regime in force on the date of our quotation, which may directly affect the selling price, shall be passed on in full to our prices without exception, as well as to any sales that may exceptionally be concluded on an FOB, CIF or delivered to the buyer\u2019s factory basis.
In the event of a change in the factors contributing to the determination of our prices between the date of their establishment and the date on which the equipment is made available, the final invoiced price shall be calculated by applying the following formula:<\/p>\n\n
![\"\"](\"https:\/\/web.archive.org\/web\/20240723195810im_\/https:\/\/www.thibaut.fr\/wp-content\/uploads\/2022\/04\/Sans-titre.jpg\")
<\/figure>\n\nwhere:
P = Revised price;
Po = Price quoted in the estimate or proposal;
S. So = Labour cost index for the mechanical and electrical engineering industries published by INSEE.
BIXC, BIXCO
Tma, Tmao Indices published monthly in the BOSP
PsdB, PsdBo
For the calculation of the formula, the indices used are:
Original indices: those of the third month preceding the establishment of the price Po;
Revision indices: those of the third month preceding the date of delivery of the equipment. \u00bb
3. (2) Unless otherwise agreed, our prices are subject to a deposit of forty per cent (40%) payable upon order; the balance is payable upon receipt of the notice of availability of the equipment sold, notified by THIBAUT S.A.S.. In the event of cancellation of the sales contract by the buyer, for whatever reason, the deposit paid by the buyer shall in any event be retained by us as a penalty clause, without prejudice to our right to exercise any other remedies available to us under the law and this contract.
3. (3) In the event of an agreement to grant credit, the portion not paid in cash shall be subject to bills of exchange accepted and guaranteed by a French bank on behalf of the drawee.
3. (4) Our invoices are payable by bank transfer. Our bills of exchange or acceptances of deferred payment shall not constitute a novation or a derogation from the jurisdiction clause set out in Article 8 below.
3. (5) The purchaser undertakes to insure, at its own expense, the goods sold by us against all risks of loss, theft, accident and fire with a reputable insurance company until the purchase price, including both principal and interest, has been paid in full, with subrogation in our favour.
The purchaser further undertakes to provide THIBAUT S.A.S. with the insurance policy no later than the day on which the sold equipment is collected; failing this, and without the need for any further notice, such equipment shall be insured by THIBAUT S.A.S. at the buyer\u2019s expense, and the cost of such insurance shall be added to the price of the equipment sold.
3. (6) THIBAUT S.A.S. may, in exceptional circumstances, enter into a contract of carriage on behalf of the buyer for the transport of the goods sold to the buyer\u2019s premises, without this constituting a novation of the terms and conditions of sale set out in the first paragraph of clause 3 (1).
The cost of transport, calculated in accordance with the standard terms and conditions in force at the time of dispatch, and the cost of insurance will be added to the price of the goods sold.
3. (7) Packaging is always charged separately and is never accepted for return.
3. (8) Any disputes shall not constitute grounds for refusing payment. In the event of non-payment of a bill of exchange or any other form of payment when due, the sums remaining due from the purchaser shall become immediately due and payable.
3. (9) In the event of late payment, interest shall be charged on the sums due at a rate equal to one and a half times the statutory interest rate in force, without this clause affecting the enforceability of the debt, which shall be increased by ten per cent (10%) as a penalty clause.
Conversely, a discount of 0.75% shall apply for each month of early payment.
3. (10) Retention of title clause. THIBAUT S.A.S. retains title to the goods sold until full payment of the principal and ancillary costs has been made. The delivery of a document creating an obligation to pay (bill of exchange or other) does not constitute payment within the meaning of this clause. Failure to pay any instalment may result in the goods being reclaimed.
The above provisions shall not prevent, from the date of delivery ex works or from the date of notification by THIBAUT S.A.S. of the notice of readiness for collection of the goods sold referred to in Article 3. (2) the transfer to the buyer of the risks of loss or deterioration of the equipment, as well as any damage that may result therefrom.
3. (11) Software ownership: the licensed software or any copy thereof shall be the exclusive property of THIBAUT S.A.S.. The software must be treated by the customer as confidential information, regardless of whether it is patented, protected by copyright or otherwise. It may not be assigned, modified or transferred without the consent of THIBAUT S.A.S.. <\/p>\n\n
4. CONDITIONS PRECIPITATING TERMINATION<\/h3>\n\n
Our sales are made in accordance with Article 1183 of the Civil Code concerning the condition subsequent, and it is expressly agreed that, in the event of failure to pay, by the due date, any part of the principal sum, ancillary charges (including the costs of installation and commissioning incurred by our agents, as well as any costs we may have incurred) or interest, the sale shall, if we so wish, be immediately and retroactively rescinded by a simple registered letter, without the need for formal notice or any other formality, in accordance with the discretion granted to us by Article 1139 of the Civil Code, the equipment sold by us being deemed never to have become part of the purchaser\u2019s assets.
As any sale terminated in this manner will result in costs and expenses for us, any sums already paid at the time of termination of the sale shall be retained by us in full as a penalty clause, without the need for formal notice, as compensation for such costs and expenses, without prejudice to our right to seek payment of damages (at the rate set out above) which are not covered by the sums retained by us in any event, as stated above, by way of a penalty clause.
In the event of the sale being rescinded, the buyer must, without delay, return to us the equipment that was the subject of the rescinded sale in good working order, failing which they shall be liable for additional damages; the costs of return shipping and insurance shall be borne by the buyer. They must also return to us the studies, plans, drawings and models referred to in paragraph 1 above, without retaining any copies.
Consequently, should the stipulated price not be paid in full by the agreed due date or dates, the buyer shall refrain from selling, transferring, disposing of, letting or pledging this equipment, either directly or through an intermediary. <\/p>\n\n
5. DELIVERY<\/h3>\n\n
Delivery times are indicative and will be adhered to as far as possible. They commence from the latest of the following dates: (i) the Seller\u2019s unconditional acceptance of the order; (ii) the Seller\u2019s receipt of certain information to be provided by the Buyer which is necessary for the fulfilment of the order; (iii) receipt of the deposit which the Buyer has undertaken to pay.
The Seller shall be automatically released from any commitment regarding delivery times in the event of force majeure or events occurring at the Seller\u2019s premises, or those of its subcontractors and\/or suppliers, which are likely to disrupt the organisation or operations of the business, such as, for example, lockouts, strikes, war, embargoes, fire, flooding, pandemics, machinery breakdowns, the scrapping of parts during manufacture, interruptions or delays in transport or the supply of raw materials, energy or components, or any other event beyond the control of the Seller, its subcontractors and\/or its suppliers.
Delays shall in no circumstances justify the cancellation of an order, nor give rise to penalties or damages, unless otherwise stipulated. <\/p>\n\n
6. SERVICES PROVIDED BY THIBAUT AND\/OR ITS AGENTS<\/h3>\n\n
The installation and commissioning of the equipment sold at the purchaser\u2019s premises shall be carried out by staff of THIBAUT S.A.S. and\/or its agents under the purchaser\u2019s authority and sole responsibility, and at the purchaser\u2019s expense.
The purchaser acknowledges that THIBAUT S.A.S. shall not be held liable should any incident occur during the installation and commissioning of the equipment sold, even if it is proven that such an incident was caused solely by the fault of its staff and\/or agents.
The costs of installing and commissioning the equipment sold, as well as any work carried out by our After-Sales Service, including travel and accommodation expenses incurred by agents of THIBAUT S.A.S. and\/or THIBAUT S.A.S. staff, shall be invoiced to the purchaser, who undertakes to settle them upon receipt of the invoice from THIBAUT S.A.S. agents or THIBAUT S.A.S. prior to the commissioning of the equipment sold and\/or the intervention of our After-Sales Service.<\/p>\n\n
7. WARRANTY<\/h3>\n\n
The warranty applies only if the purchaser has fully complied with the terms of payment in respect of the principal, ancillary charges and interest.
The machines sold are guaranteed against any defect, manufacturing fault or malfunction of the equipment for a period of 12 months, it being understood that, in any event, this warranty shall not exceed a period of 1,600 hours of use, starting from the date of notification that the equipment is ready for use.
For equipment, accessories and, in general, items not manufactured by THIBAUT S.A.S., the warranty period is six months from the date of delivery, it being understood that, in any event, this warranty shall not exceed 800 hours of product use and that the warranty period may not exceed that provided by the suppliers.
The warranty does not cover wear parts or damage resulting from improper or inexperienced use, inadequate maintenance, the use of unsuitable tools, components or materials, or chemical, electrochemical or electrical influences.
In the case of machines fitted with tapered tool holders, these must be genuine Thibaut S.A.S. products; otherwise, the spindle will be excluded from the warranty.
For spare parts, the warranty period is three months from the date of delivery, on the understanding that, in any event, this warranty cannot exceed that provided by the suppliers.
However, the warranty does not apply to the consequences of work carried out by a technician not accredited by us, nor does it cover work necessitated by the supply and fitting of additional parts not specified in the order, minor repairs sometimes carried out by operating staff, the lack of competence of operators not trained by our services, or, in general, any cause external to the equipment. Nor does the warranty apply to replacements or repairs resulting from misuse, lack of supervision or maintenance of the equipment, or negligence.
The warranty does not cover routine maintenance costs arising from normal use of the equipment, nor damage resulting from abnormal use.
The warranty is honoured by replacing parts found to be defective or by repairing them at our discretion, without this extending the warranty period. The application of the warranty is always subject to an assessment by our Quality Department of the parts presumed to be defective, which must be sent to the THIBAUT S.A.S. factory carriage paid, including insurance. No compensation may be claimed as damages for machine downtime or for any other reason whatsoever. In particular, all indirect and consequential damages (such as, in particular, loss of turnover) are expressly excluded.
We are also released from all liability and the warranty ceases immediately, in particular in the following cases:
a) where the fluids and energy sources used do not comply with the specifications;
h) where parts fitted by us have been replaced by parts of a different origin;
c) where the machine has undergone modifications outside the specifications provided by us;
d) where damage is due to negligence, lack of maintenance, operator inexperience, or repairs carried out externally and without our consent or that of our After-Sales Service network.
(e) where the transport and storage of the goods sold have not been carried out in accordance with THIBAUT S.A.S.\u2019s instructions
In any case, this warranty applies only if the purchaser has strictly followed the installation and usage instructions provided by us. \u201d
In any event, THIBAUT S.A.S. cannot be held liable for appliances, \u201caccessories\u201d and, generally speaking, equipment not manufactured by them, to a greater extent than the warranty cover they might obtain from their own suppliers. The warranty is personal to the purchaser. Where the purchaser is not the end user, they shall bear the cost and responsibility for the warranty obligation towards their own customer. <\/p>\n\n
8. JURISDICTION<\/h3>\n\n
Sales throughout France \u2013 In the event of a dispute concerning a supply or its payment, or the interpretation or performance of the sales contract, the Court of Caen (within whose jurisdiction the registered office of THIBAUT S.A.S. falls) shall have exclusive jurisdiction, regardless of the terms and conditions of sale and the method of payment accepted, even in the event of third-party proceedings or multiple defendants.<\/p>\n\n
9. LEGISLATION<\/h3>\n\n
The applicable law shall be that of the seller\u2019s country, unless the seller decides to apply the law of the buyer\u2019s country, to the exclusion of any international conventions from which the seller might be able to derogate.<\/p>\n","protected":false},"excerpt":{"rendered":"
THESE TERMS AND CONDITIONS APPLY TO SALES IN GENERAL AND TO THE PROVISION OF SERVICES 1. PREAMBLE The prices, information and descriptions contained in our catalogues, leaflets and advertising material are provided for information purposes only and are not binding on us in any way. We reserve the right, without prior notice, to make any […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-16797","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n