Terms and Conditions - Belmar

General

All orders automatically imply the buyer's unreserved acceptance of all the conditions below and his waiver of any stipulation in his general terms and conditions that may be incompatible with the clauses below:

Unless otherwise agreed, our quotations become null and void 30 days after the date on which they are made.

The prices shown in our catalogs and price lists may vary at any time, depending on our suppliers' prices. For all orders, the buyer must request the applicable price.

BELMAR reserves the right to make changes to the layout, dimensions or materials of the equipment shown in our publications.

Goods travel at the consignee's risk, even in the case of carriage paid shipments. The consignee must check shipments on arrival, and in the usual way, establish a claim against the carriers if necessary.

Article 1 - PRICES AND CONDITIONS

Our prices, generally expressed in euros unless otherwise indicated, are ex-works and exclusive of tax.
Delivery times run from the date of receipt of the order or from the moment when all questions relating to execution are definitively settled.

Delivery times are given as an indication only. They are respected to the best of our ability, but delays, whatever the cause, do not justify cancellation of an order or the application of a penalty on the part of the purchaser.
Orders received and accepted cannot be completely or partially cancelled without our written consent. 

Article 2 - RETURN OF GOODS

Returned goods are only accepted with our prior authorization.
They must be sent to us, free of all charges, at the customer's domicile.

BELMAR will issue a credit note, reserving the right to apply a discount, depending on the age, the condition of the packaging or the manufacturer's returnability.

Material defects as well as errors in dimensions, quality, quantity or weight shall only oblige BELMAR to replace the products in question.

Article 3 - CLAIMS

Complaints must be made within 3 days of receipt of goods, and within a maximum of 3 months from the date of issue of our invoice, failing which they will not be accepted. The carrier must be notified of receipt of a package in poor condition before accepting delivery.

Article 4 - SHIPMENTS

Delivered parcels travel at the consignee's risk, even in the case of carriage paid. As the carrier is responsible for damage and delays in delivery, the consignee must make any necessary reservations before taking delivery of the package(s).

Article 5 - PAYMENTS

  • Our invoices, issued on the day of shipment or availability, are payable within 30 days, unless otherwise agreed, by bill of exchange, promissory bill, cheque or bank transfer. Early payment of the invoice will not give rise to any discount, unless otherwise agreed.
  • Any invoice unpaid on its due date, in whole or in part, will give rise to a late payment interest invoice equal to the current refinancing rate of the European Central Bank (ECB), increased by 10 points and a fixed indemnity for collection costs of €40 in accordance with article D.441-5 of the French Commercial Code.
  • In the event of collection by legal action, in addition to any compensation the customer may be ordered to pay under Article 700 of the French Code of Civil Procedure, any unpaid sums will be increased by 15%, which the debtor undertakes to pay as a Penalty Clause.
  • Retention of title: The goods delivered remain the property of BELMAR until full payment of our invoice (law n° 80335 of 12/05/1980).
  • The purchaser bears all risks which the goods delivered may entail until the price has been paid in full.
  • Any cancellation or change in the conditions of an order by the customer will only be effective after written acceptance by BELMAR. The customer shall be liable for any damages resulting from such changes.

Article 6 - GUARANTEE

We apply and pass on our suppliers' manufacturer's warranty with replacement of defective parts within the limit of the contractual duration from the time the equipment is made available.

Article 7 - DISPUTES

For all disputes, whatever the subject, French law is the only applicable law and the Commercial Court of Brest (France) has sole jurisdiction, even in the event of a warranty claim or multiple defendants.