Terms of Service
GENERAL TERMS OF SALE
SCOPE
These General Terms of Sale apply to all sales made by COUSIN TRESTEC.
ORDERS
Sales, including those negotiated by our agents or representatives, shall only be complete upon explicit written
acceptance of Customer’s order materialized by a return receipt.
TERMS OF PAYMENT
Our invoices are payable to WERVICQ-SUD, according to the indications on the invoice sent to the purchaser.
The time in which payment must be made starts to run on the shipping date from our plants or warehouses, or in
case of deferred delivery requested by the purchaser, from the date that the goods are placed at the disposal of
the purchaser.
NO DISCOUNT FOR PRE-PAYMENT IS GRANTED.
Non-payment of an invoice on its due date makes the payment of all other invoices due immediately, even if they
have given rise to already circulated drafts; in this case, accepted bills will be returned in exchange of payment. Nonpayment of an invoice gives COUSIN TRESTEC the ability, either to demand cash payment before shipment of any
new merchandise, whatever the conditions of the order to which it relates either to postpone or cancel without
compensation or notice period, all orders recorded by us in the name of the defaulter, and remaining to run. Failing
the payment of invoices on their due date, interest shall be charged at three times the legal interest rate in force,
with a minimum of 3%.
Furthermore, a fixed compensation fee of €40,00 (forty euros) for administrative processing will be charged in
conformity with the decree N° 2012 - 1115 of October 2nd, 2012 for any late payment exceeding 10 days.
Any expenses incurred in the purchaser’s country not effectively foreseen upon conclusion of the contract, including
taxes, duties and collection charges, are at the purchaser’s expense. If, after conclusion of the contract, circumstances
capable of casting doubt on the customer’s solvency were to be brought to our knowledge, we reserve the right,
according to our choice, to demand an advance payment or the provision of a guarantee.
If the agreed currency is not the euro, we reserve the right to cancel the part of the contract that has not yet been
delivered if, in the seller’s country, the exchange rate of the agreed currency devaluates by more than 3% (three
percent) from its rate on the day the contract was concluded, for as long as such variation occurs.
TRANSPORT OF GOODS
Our goods are sold ex works or warehouse and always travel at the risks and perils of the addressee, whatever the
terms of sale or mode of transport, notably in the case of carriage free shipping.
TITLE RETENTION CLAUSE
In case the purchaser defaults on payment of all or part of the order’s price, COUSIN TRESTEC reserves, until complete
payment, the property rights on the products sold, allowing it to recover possession of the said products. Any deposit
paid by the acquirer shall be kept by COUSIN TRESTEC as compensation, without prejudice to any other related action
that it may intent against the purchaser.
The transfer of the property of COUSIN TRESTEC products to the purchaser shall only take place after complete
payment of the price thereof by the purchaser, whatever the delivery date of the said products.
On the other hand, the transfer of risks relating to loss and deterioration of the COUSIN TRESTEC products shall take
place upon delivery and reception of the said products by the purchaser.
DELIVERY
All products or services will have to be delivered in accordance with the dates and pieces in the order accepted by
COUSIN TRESTEC.
If COUSIN TRESTEC knows the company will not be able to comply with the dates and / or locations agreed: COUSIN
TRESTEC shall notify the purchaser in writing as soon as possible, upon receipt of such notice the purchaser may give
additional time under the conditions which seem appropriate.
If such an extension is not granted by the purchaser, and in that the delay are not due to the fault of the purchaser, the
latter shall be entitled to claim a compensation of 2% of product prices not supplied by months of delay. COUSIN
TRESTEC shall not be liable to the purchaser for any delays or non-deliveries arising from a case of force majeure,
such as breaking of machines, strikes, epidemics, flooding, lack of raw material, etc.. The purchaser is required to
check the apparent condition of the products at the time of delivery. If the purchaser fails to issue specific reservations
at the time of delivery, the product delivered by COUSIN TRESTEC shall be considered compliant with the order with
respect to their quantity and quality. From the time of delivery and reception of the ordered products, the purchaser
shall have a period of eight days in which to issue written reservations to COUSIN TRESTEC. No claim shall be validly
accepted in case of non-respect of these formalities by the purchaser. COUSIN TRESTEC shall replace as soon as
possible and at its own expense any products delivered that are duly proven as being defective by the purchaser. The
return of goods that were specially manufactured, or subject to dyeing or special processing, shall in no case be
accepted.
PACKAGING and P.O.S. ADVERTISING
Our packaging and P.O.S advertising, even when deposited, constitute industrial equipment that remains our property
and is exclusively reserved for the placing of our products. The deposit does not constitute a sale but represents the
payment by our customers of a guarantee deposit that is reimbursed as soon as the equipment is returned to our plant,
postage paid and in good condition.
SUPPLIER’S WARRANTY
The guarantee In compliance with legal provisions, COUSIN TRESTEC guarantees the purchaser against any hidden
flaws arising from a material, design or manufacturing fault affecting the products and rendering them unfit for use. Any
guarantee is excluded in case of improper use, negligence or lack of care on the part of the purchaser, as in case of
normal wear or force majeure. In order to assert his rights, the purchaser must, under penalty of forfeiture or any related
action, inform COUSIN TRESTEC in writing of the existence of flaws within a maximum delay of ten days from discovery
thereof. COUSIN TRESTEC shall replace or repair the products or parts under guarantee that are judged defective.
LIMITATION OF LIABILITY
COUSIN TRESTEC, except otherwise public order will not be responsible for the occurrence of any damage of any
kind resulting directly or indirectly from the use, or from the inability to use the products, including:
- COUSIN TRESTEC will not be responsible for the occurrence of any indirect damage, such as in particular,
decreased production, loss of profits…
- COUSIN TRESTEC will not be responsible for loss or destruction of any goods, damages, or expenses which directly
or indirectly derived from the use, misuse or inability to use the products by the customer, and that of independently or
in combination with another product, or for the business loss of any nature whatsoever and shall have no obligation to
provide a replacement product;
- In any case the contractual liability of our company as it could be committed under this contract shall not exceed the
amount paid by the customer for the purchase of products.
PROCESSING OF PERSONAL DATA
Subscription to a sale, service or agreement is subject to the Company collecting personal data from the Client when
the processing of such data is a prerequisite for conducting the business relationship or fulfilling legal obligations. Our
data protection policy is available on our website cousin-trestec.com or can be sent by email on request to
rgpd@cousin-group.com
VENUE
All litigation arising from the purchasing or sales transactions considered by these General Terms of Sale shall be
submitted to the Commercial Court of Lille; this is explicitly accepted by the purchaser.
APPLICABLE LAW
All the clauses contained in these General Terms of Sale, as well as all the purchasing or sales transactions considered
therein, shall be governed by French law