GENERAL CONDITIONS OF SALE L.S.E.
GENERAL CONDITIONS OF SALE L.S.E.
List of concerned companies
Chaux et Dolomies du Boulonnais SAS with share capital of 3 811 225 €, registered with « Registre du Commerce et des Sociétés de Nanterre » under number 348 943 846 whose head office is located at Tour W – 000 Xxxxxxxx Xxxxxxxxx – 00000 Xxxxx Xx Xxxxxxx Xxxxx
Carrières et Fours à Chaux de Dugny SAS with share capital of 3 811 225 €, registered with « Registre du Commerce et des Sociétés de Nanterre » under number 349 020 271 whose head office is located at Tour W – 000 Xxxxxxxx Xxxxxxxxx – 00000 Xxxxx Xx Xxxxxxx Xxxxx
Société des Fours à Chaux de Sorcy SAS with share capital of 2 286 735 €, registered with « Registre du Commerce et des Sociétés de Nanterre » under number 342 399 797 whose head office is located at Tour W – 000 Xxxxxxxx Xxxxxxxxx – 00000 Xxxxx La Défense Cedex
Chaux de Boran SAS with share capital of 762 245 €, registered with « Registre du Commerce et des Sociétés de Nanterre » under number n° 348 943 606 whose head office is located at Tour W – 000 Xxxxxxxx Xxxxxxxxx – 00000 Xxxxx La Défense Cedex
Magnésie et Dolomies de France SAS with share capital of 457 347 €, registered with « Registre du Commerce et des Sociétés de Boulogne sur Mer » under number n° 572 223 469, whose head office is located at Elinghen- Ferques – 00000 Xxxxxxxx
Xxxxxx Xxxxxx SAS with share capital of 152 450 €, registered with « Registre du Commerce et des Sociétés de Nanterre » under number 352 326 763 whose head office is located at Tour W – 000 Xxxxxxxx Xxxxxxxxx – 00000 Xxxxx Xx Xxxxxxx Xxxxx
Financière Lhoist France SAS with share capital of 2 055 000 € registered with « Registre du Commerce et des Sociétés de Nanterre » under number 845 780 758 whose head office is located at Tour W – 000 Xxxxxxxx Xxxxxxxxx – 00000 Xxxxx Xx Xxxxxxx Xxxxx
Xxx Xxxxx de la Tour SAS with share capital of 826 804 €, registered with « Registre du Commerce et des Sociétés de Aix en Provence » under number 572 621 142, whose head office is located at 0 Xxxxxx xxx Xxxxx de la Tour
– 00000 Xxxxxx-xx-Xxxxxxx
Chaux de Provence – SACAM SAS with share capital of 762 500 €, registered with « Registre du Commerce et des Sociétés de Aix en Provence » under number 721 621 357, whose head office is located at 0000 Xxxxxx xxxxxx xx Xxxxxxxxx xx Xxxxxxxx – 00000 Xxxxxxxxxxx-xxx-Xxxxxxxxx
Carrières et Chaux Balthazard et Cotte SAS with share capital of 1 220 000 €, registered with « Registre du Commerce et des Sociétés de Grenoble » under number 331 278 309, whose head office is located at Rue de Pra Paris – 00000 Xxxxxxxxx
Xxxxxx Xxxxxx Ouest SAS with share capital of 394 692 €, registered with « Registre du Commerce et des Sociétés de Grenoble » under number 000 000 000, whose head office is located at 00 Xxx Xxxxx Xxxxxxxxx – 00000 Xxxxxxxx
BCB SAS with share capital of 220 353 €, registered with « Registre du Commerce et des Sociétés de Grenoble » under number 450 910 021, whose head office is located at 00 xxx Xxxxx Xxxxxxxxx - 00000 Xxxxxxxx.
Chaux de Bretagne, SNC with share capital of 76 250 €, registered with « Registre du Commerce et des Sociétés de Laval » under number 384 355 590, whose head office is located at Xx Xxxxx – 00000 Neau.
1. GENERAL PROVISIONS
Our sales are governed by these GENERAL CONDITIONS which prevail over any purchasing conditions, clauses and conditions, printed or otherwise, included in orders and correspondence with our clients, excluding our formal written derogations. Non-enforcement of any of our conditions shall not result in its future waiver.
2. OFFERS
All our offers constitute SPECIAL CONDITIONS which amend or supplement these GENERAL CONDITIONS.
3. ORDERS
Orders shall be made out in the name of our Company and sent to our Registered Office. They bind our Company only after written confirmation by our departments and the sale is agreed exclusively according to the conditions of said confirmation and these General Conditions.
Requests for amendments or termination of Purchaser’s order shall not be considered unless they are made
in writing at least 48 hours prior to delivery of the goods and must also be accepted in writing.
4. PRICES
Our prices are stipulated net, ex-works, ex-taxes, unless otherwise agreed and stipulated in the SPECIAL CONDITIONS. Our prices are based on changing economic and market conditions. We therefore reserve the right to change our prices at any time.
5. TAXES
All direct or indirect taxes, as well as all equivalent costs or levies (with the exception of corporate income taxes) that are currently imposed or may be imposed in the future and that are related to the quarrying/extraction, the processing, the manufacturing, the sale or the delivery of products by the Company to the Purchaser (inclusive of the energy consumption tax, and generally any other charges relating to the environment in the broad sense) shall be charged to the Purchaser.
6. DELIVERY DEADLINES
The delivery deadlines and/or delivery times are given for guidance. Deliveries delayed by events beyond our control, notably traffic conditions, shall not invoke our liability or justify payment of any indemnity.
7. DISPUTES
The Purchaser undertakes to read the specifications for our products prior to use. The goods are deemed accepted by the Purchaser having regard to their apparent condition, packaging, quantities or weight on delivery; no complaints shall be accepted on such matters unless made in writing in the presence of both parties at the time of delivery.
Any returned products will be rejected, unless formally agreed on between the Purchaser and the Vendor and shall not give rise to the issue of credit notes. The risks and costs of returned goods shall be paid by the Purchaser.
8. TRANSPORTATION
All goods and packaging are conveyed at the recipient’s risks and perils irrespective of the delivery location and method of transportation, including goods sold franco, unless otherwise stipulated in the SPECIAL CONDITIONS.
9. PAYMENT AND LATE PAYMENT
All invoices shall be paid in cash, unless otherwise expressly agreed in writing between the parties, it being specified that payment deadlines shall not extend beyond that stipulated in article L441-10 of the Commercial Code, and in the event of periodic invoicing pursuant to article 289 of the General Tax Code, said deadline shall not exceed 45 days from the date of issue of the invoice.
Any delay or default on payment observed after the payment date stated on the invoice shall entitle us to terminate all agreements between the parties by right and without formality, and shall result by right,
without any prior warning, in the levying of penalties for late payment equal to as a minimum, three times the legal interest rate, without prejudice to any claims for compensation which may derive from the delay, and a debt collection indemnity of €40, it being specified that supplementary indemnities may be claimed on documentary proof for higher debt collection costs pursuant to article L441-10 of the Commercial Code.
10. RETENTION OF OWNERSHIP
Ownership of goods sold is transferred exclusively after effective and full payment of the overall principal amount and any accessories, notably in the event of payment by bills of exchange. Payment default on any due instalments shall entitle us to recover the goods notwithstanding this provision, the risks of loss, destruction and deterioration of goods sold and any damage they may suffer are transferred to the Purchaser on delivery.
11. INDUSTRIAL PROPERTY
The trademarks under which our products are sold are our exclusive property. Their use, in any form whatsoever by clients, is subject to our express written authorisation.
12. PRIVACY
In the context of the sales and transactions covered by the present GENERAL CONDITIONS, the Company will deal with information about the Purchaser (if the Purchaser is a natural person) or the Purchaser’s representatives and members of the Purchaser’s staff (if the Purchaser is a legal person) constituting « personal data » as a data controller for the purpose of making the sales and intended transactions.
If the Purchaser is a natural person, the Purchaser will find more information about how the Company processes the Purchaser’s personal data in this context as well as about the Purchaser’s rights (including the right of access, rectification, opposition to the treatment to for the purposes of prospecting and, in certain circumstances, a right to erasure, limitation of treatment, portability of data and a right to oppose other forms of treatment) and the obligations of the Company in this respect in our Privacy Policy available on our website xxxxx://xxx.xxxxxx.xxx/xxxxxx-xxxxxxx-xxxxxx and which forms an integral part of these GENERAL CONDITIONS.
If the Purchaser is a legal person, given the fact that the Company is not necessarily able to inform the Purchaser’s representatives and staff with whom the Company does not have a direct relationship, the Company herein delegates to the client the obligation (and, by accepting these GENERAL CONDITIONS, the Purchaser agrees) to ensure that the Purchaser’s representatives and staff members are adequately informed in accordance with applicable data protection legislation that personal data about them may be disclosed, used and processed by the Company in accordance with these GENERAL CONDITIONS and, where applicable, have validly consented thereto. To this end, the Purchaser undertakes to communicate to the persons concerned a copy of our Privacy Policy as referred to hereabove and which forms an integral part of these GENERAL CONDITIONS.
13. GUARANTEE - LIABILITY
Complaints concerning the delivery of goods non-conform to the order specifications shall be acknowledged only if made by registered letter within three days of receipt, supported by samples if the products have been used. It is the Purchaser’s responsibility to provide all documentary proof of the defect observed. The guarantee and liability of the Company are strictly limited to replacement or a refund for goods supplied, excluding any other liability or indemnity whatsoever, the Purchaser being liable for any damage which may derive from use of the sold products and the consequences thereof.
14. HARDSHIP
The commercial conditions relating to the sales covered by the present GENERAL CONDITIONS have been established in the economic and regulatory context known at the effective date of the corresponding sales. They may be subject to adjustment in the event of the occurrence of exceptional technical and/or economic events, beyond the Company control, such as – and without this list being exhaustive – international
conflicts, and which significantly increase certain expenses of the products covered by the said sales, such as – and without this list being exhaustive – energy costs, environmental and/or significant increases in the conditions and/or costs relating to the supply, production and/or logistics. In the event of an adjustment, the parties will endeavour to reach an agreement within 30 days of the request.
15. FORCE MAJEURE
Any fortuitous event or case of force majeure shall entitle us to terminate the agreement, deferral of deliveries or suspension by right of the agreement with regard to the supply of outstanding items. By way of example and non-exhaustively cases of force majeure include general or partial strikes, interruption of transport services, interruptions in the supply of energy or raw materials, operating accidents and in general all causes which may hinder the normal operation of our manufacturing and/or our deliveries.
16. JURISDICTION AND LAW
The law applicable to any agreement with our clients is French Law and any disputes, claims or proceedings relative thereto shall fall within the exclusive jurisdiction of the Paris or Grenoble Courts at the discretion and request of the most diligent party, including for claims under guarantee or multiple defendants and after undertaking all diligences with a view to achieving an amicable resolution of the dispute.