General Conditions of Purchase
General Conditions of Purchase
Article 1 – Acknowledgment of receipt
These conditions are compulsory, to the exclusion of all other conditions and in particular the general conditions of sale of the supplier, unless there are contrary written agreements between Belmar and the supplier.
The supplier must acknowledge receipt of the order, in all cases, before the delivery and at the latest within eight days following the order.
In the absence of this, the order is deemed to have been accepted by the supplier.
In the case of international sales, the INCOTERMS will also be applicable in their most recent version and other publications of the International Chamber of Commerce (“ICC”).
Article 2 – Delivery – Delivery Times
Any delivery must be made all fees prepaid to the place of destination and be accompanied by a delivery slip (“B.L”) established in duplicate recalling our order number, the line number of the delivery and the references and designations of the supplies and quantities delivered.
The delivery time that features on the orders is strict.
The date of delivery means goods delivered to the place of delivery indicated by Belmar in its order.
Article 3 – Transfer of Ownership of Risks
The ownership of supplies delivered is acquired by our Company at the time of the actual delivery to our workshops or to any other place indicated by Belmar in its order.
Any reserve of ownership clause is unenforceable against our Company unless there is express written agreement from Belmar.
The transfer of risk is subject to the agreed conditions of delivery. Except when an agreement provides for this, the burden of risk is transmitted to Belmar during the handover of the goods at the agreed place of reception.
Article 4 – Clauses, Documents and Certificates
Except when special conditions have been negotiated, and stipulated on the order, no delivery cannot be paid for unless the supplier has previously provided all of the documents requested on the said order: In particular – certificates of conformity, certificates of origin, miscellaneous certificates, user manual and documentation, etc.
Article 5 – Transport
The supplies that are the object of our orders travel at the risk of the supplier who would have underwritten the appropriate contract of carriage and insurance following the incoterms that appear on our orders.
Article 6 – Refusal – Non-compliance
Any goods that are non-compliant with the specifications of our orders will be refused and should be taken back by the supplier at its own expense, within a period of three weeks following the notice of refusal. Further to this period the goods refused will be returned to the supplier at its own risk in freight due.
Article 7 – Invoicing
Invoices must be sent to us in duplicate within 5 days following the delivery.
They must feature the order number, line number of delivery and the number of the delivery slip(s).
For any delivery made between the 25th and the last day of the month, the invoices will be settled on the value of the following month.
Article 8 – Payments
Payments will be made 45 days following the end of the month of delivery, except when special arrangements have been stipulated in the order.
Article 9 – Advance / Late Delivery – Penalties
Any delivery carried out after the contractual date rightfully places the supplier in a position to incur a cancellation of an order.
Article 10 – Warranty – Liability
The supplier is required to guarantee the products sold for one year under the conditions of the French Civil Code, supplemented as follows:
- the supplier is responsible not only for hidden defects, but also for apparent defects, notwithstanding receipt of the products;
- the supplier undertakes to guarantee our Company against any action which originates in the apparent or hidden defect of goods delivered by the supplier;
- furthermore, the supplier will be fully responsible for damage caused by the equipment or goods delivered in application of the provisions of Articles 1386 and following of the French Civil Code governing the liability of products. Any clause that limits the scope of this responsibility will be unenforceable with regard to Belmar.
Article 11 – Confidentiality – Industrial Property
The supplier is obliged to take all measures to prevent the disclosure of information received in order to execute an order.
Our orders may not give rise to direct or indirect advertising, in any case or in any format, without our prior written permission.
The drawings, documents, template models and samples communicated to the supplier remain our exclusive property.
The supplier is prohibited, without express permission from us, from transferring to a third party, for a consideration or free of charge, any supplies manufactured according to our specifications, data or through the means of our tools.
Article 12 – Order Cancellation
Any breach of any provision of these General Conditions of Purchase may, on our decision, lead to the cancellation of the order. All our rights to damages for any direct or indirect loss or damage remain reserved.
This cancellation will take place on the day of the receipt of the registered letter with acknowledgment of receipt informing the supplier of the decision and the reason for it. Belmar will be entitled to request the full refund of any eventual deposit paid.
Article 13 – Applicable Laws – Attribution of Jurisdiction
The contracts arising from our orders are governed by French law.
By express agreement, in the case of a dispute about the interpretation or the execution of the provisions of these terms and conditions and of our orders, the courts of our headquarters in Brest will be the sole competent courts.