General Purchasing Conditions (GPC) - Belmar
Article 1 - Acknowledgement of receipt
These terms and conditions apply to the exclusion of all other terms and conditions, in particular the supplier's general terms and conditions of sale, unless otherwise agreed in writing between Belmar and the supplier.
The supplier is obliged to acknowledge receipt of the order, in any case before delivery and at the latest within one week of the order.
Failing this, the order is deemed to have been accepted by the supplier.
In the case of international sales, the most recent version of INCOTERMS and other publications of the International Chamber of Commerce ("ICC") shall also apply.
Article 2 - Delivery - Delivery times
All deliveries must be made free of all charges to the place of destination and must be accompanied by a delivery note ("B.L.") in duplicate, showing our order number, the delivery line number, the references and descriptions of the supplies and the quantities delivered.
The delivery time stated in the order is always applicable.
The delivery date refers to goods delivered to the delivery location indicated by Belmar in its order.
Article 3 - Transfer of risk
Ownership of the supplies delivered shall vest in our Company upon actual delivery to our workshops or to any other location indicated by Belmar in its order.
Any retention of title clause is unenforceable against our Company unless expressly agreed in writing by Belmar.
The transfer of risk is subject to the agreed terms of delivery. Unless otherwise agreed, the risk shall pass to Belmar when the goods are handed over at the agreed point of acceptance.
Article 4 - Clauses, documents and certificates
Unless special conditions have been negotiated and stipulated on the order, no delivery can be paid for unless the supplier has first supplied all the documents requested on the said order: in particular, certificates of conformity, certificates of origin, various certificates, manuals and documentation...
Article 5 - Transport
Supplies covered by our orders travel at the risk of the supplier, who will take out the appropriate transport and insurance contract in accordance with the incoterms shown on our orders.
Article 6 - Refusal - Non-compliance
Any supplies that do not comply with our order specifications will be rejected and must be taken back by the supplier, at his expense, within three weeks of notification of rejection. After this period, rejected goods will be returned returned to the supplier at his own risk, carriage forward.
Article 7 - Billing
Invoices must be sent to us in duplicate within 5 days of delivery.
They must show the order number, delivery line number and delivery note number(s).
For deliveries made between the 25th and the last day of the month, invoices will be settled at the value of the following month.
Article 8 - Regulations
Payments will be made within 45 days of the end of the month of delivery, unless otherwise stipulated on the order.
Article 9 - Advance / late delivery - Penalties
Any delivery made after the contractual date automatically entitles the supplier to cancel
the order.
Article 10 - Warranty - Liability
The supplier is obliged to guarantee the products sold for one year under the conditions of the French Civil Code, supplemented as follows:
- the supplier is liable not only for hidden defects, but also for apparent defects, notwithstanding receipt of the products;
- the supplier undertakes to indemnify our Company against any action arising from an apparent or hidden defect in a supply delivered by him;
- Furthermore, the supplier shall be fully liable for any damage caused by the equipment or goods delivered pursuant to the provisions of Articles 1386 et seq. of the French Civil Code governing product liability. Any clause limiting the scope of this liability in any way whatsoever shall be unenforceable against Belmar.
Article 11 - Confidentiality - Industrial property
The supplier is obliged to take all measures to prevent the disclosure of information received for the execution of an order.
Under no circumstances and in no form may our orders give rise to direct or indirect advertising, without our prior written authorization.
Drawings, documents, model plans and samples communicated to the supplier remain our exclusive property.
The supplier is prohibited, without our express authorization, from transferring to a third party, whether in return for payment or free of charge, any supplies manufactured according to our specifications, data or using our tools.
Article 12 - Cancellation of order
Any breach of any provision of these General Terms and Conditions of Purchase may, at our discretion, result in the cancellation of the order, all our rights to damages for direct or indirect prejudice remaining reserved.
Such termination shall take effect on the date of receipt of the registered letter with acknowledgement of receipt informing the supplier of the decision
and the reason therefor. Belmar shall be entitled to demand full reimbursement of any deposit paid.
Article 13 - Applicable law - Jurisdiction
Contracts arising from our orders are governed by French law.
It is expressly agreed that in the event of any dispute concerning the interpretation or execution of the provisions of these conditions and our orders, the Courts of our Head Office in Brest shall have exclusive jurisdiction.