The present purchasing terms applies to any of the goods or the service offer taken place by the company TECHNOMARK, if they appear on the order form. By accepting an order from us, the supplier accepts without reserve, of the same fact, the present general conditions of purchase.
Only our document of order form drafted by authorized people will have value of commitment for TECHNOMARK. The supplier or the subcontractor owes Please turn us a signed acknowledgement of receipt of order confirming us: prices and deadlines by Fax, mail or e-mail under 48 at 72 hours. After this deadline, the order is considered accepted by the Supplier in the whole of the particular conditions. After this deadline, TECHNOMARK reserves the right to cancel it without opening straight ahead to the Supplier or Subcontractor of any compensation.
After the sending of the order, TECHNOMARK reserves the right to modify the quantities and/or the specifications. TECHNOMARK will have to inform the supplier about it or Subcontractor in writing. The latter will have to make known its acceptance or its refusal within two calendar days following the reception of the information. In the absence of a reply for this deadline, the supplier will be considered for having accepted the modifications.
We admit no reserve or prices modification, unless they are accepted expressly in writing by the company TECHNOMARK. The prices get on carriage prepaid and packing paid.
In case of delay on one of the contractual deadlines expressed with order and validated by both parties, the Supplier will pay penalties equal to 0.5 % per working day of delay of the price of the batch of goods and it is true from a manufactured week. The amount of these penalties is limited to 5 % of the price of the late supply. TECHNOMARK reserves the right to modulate the delivery dates and the quantities of delivery a month scheduled orders (in the respect of the claim quantity) of all or part of the goods for an advance notice of three weeks. For the anticipated deliveries earlier than asked and without agreement not accepted in writing by TECHNOMARK, this one reserves the right to return the goods to the seller at its expenses or to retain the payment up to the applicable agreed date.
Except written agreement, the supplier will take at under his responsibility the costs of freight and to the packaging of the goods until the acceptance of the goods at TECHNOMARK or every subcontractor indicated by TECHNOMARK. The goods must be perfectly packed by the supplier so that they undergo no deterioration during the transport and the storage. The supplier has to close to the shipping in a dress handkerchief stuck on an external face of the packaging, a delivery slip in duplicate, reminding: the quantity, the name, and the reference of the product and the number of the order. The exceed quantity not ordered can be returned to the supplier at his expenses and risk.
Our payments are made after reception and acceptance of the goods. Invoices must be dated the month of the reception of the order at TECHNOMARK and have to contain all the mentions planned in the commercial law. The payment is made in 45 days the month end except other agreement negotiated between the parties.
Cannot be reproduced in whole or in part, nor communicated with third party without its authorization:
- Drawings, plans and specifications supplied by TECHNOMARK for the execution of the orders. These documents must be returned to TECHNOMARK in the first request, without having been copied. They can be used only for the manufacturing of parts or sets ordered by TECHNOMARK and can be destroyed only with its agreement.
- Mold, equipment, models and other prototypes realized in whole or in part from the specifications TECHNOMARK. Tools and molds must be marked as exclusive property of TECHNOMARK. They can be destroyed only with the agreement of TECHNOMARK.
Technomark applies the law 2016 / 679 / EU relative to the RGPD and may thus collect personal data concerning you during the treatment of your orders. These treatments are systematically made within the framework of the execution of a contract. The addressees of your personal data are the services in charge of the marketing, of the promotion and of the administration of sales. We preserve these data during all the duration of the contract, then for statistical purposes and of archiving. According to the applicable regulations regarding personal data protection, you have a right of access, rectification, opposition, limitation of the treatment of disappearance and portability of your data which you can exercise by e-mail at the address rgpd@technomark.fr; or by mail at the address: 1 Allée du Développement, 42 350 Talaudière by specifying your name, first name, address and by joining a copy both sides of your ID card. In case of non-answer on behalf of Technomark under a legal deadline of month, you can send a complaint with the CNIL (NATIONAL COMMISSION FOR INFORMATION TECHNOLOGY AND CIVIL LIBERTIES) or with quite different competent authority.
The supplier is responsible for the quality of products and/or services and sets up a system of control and adapted quality management. TECHNOMARK reserves the right to have the possibility to require to the supplier, before every expedition, a form of control of the goods respecting the requirements of TECHNOMARK (ex: dimensional control, ...).
The delivered goods have to be in accordance with the specifications, with the plans, and with any definition documents of the ordered goods which were put at the disposal of the supplier. No technical modification, even minor, must be made without the agreement in writing by TECHNOMARK. In particular, the supplier has to prevent us of any transfer of manufacturing, of the use of a new equipment or of a new process. We save ourselves the possibility of delegating a representative of TECHNOMARK to follow the execution of our order within the framework of the realization of the order or to take one of the serial part. A free access during the working hours and any opportunities to fill completely his mission must be assured him.
The supplier guarantees to TECHNOMARK that the delivered goods or the realized service is conform to the order, to the specifications and is exempt from any vice (hidden or visible) or defect.
In case of non-compliance or vice, TECHNOMARK will have the possibility:
Only if the order mention other thing, the duration of the guarantee is twenty four (24) month as from the reception of products. Any replaced, repaired or corrected part will be the object of a new warranty period of 24 months from the date of replacement, repair or correction.
The supplier cannot subcontract, give up or transfer to thirds all or part of an order nor change manufacturer or subcontractor without the written prior authorization of TECHNOMARK. In case of change of direct or indirect control of the supplier or the asset disposal contributing to the execution of its obligations which can cause a damage to TECHNOMARK, this one will have to request beforehand the express agreement of TECHNOMARK to pursue their commercial relation. For lack of such an agreement, TECHNOMARK reserves the right to cancel the contract and\or the order as from the realization of the operation without the supplier can claim to the payment of any compensation.
Products have to satisfy the laws, the regulations and the existing standards in the European Union regarding environmental protection. During the design of the product and his packaging and\or the choice of materials, the supplier makes a commitment to take any useful or necessary arrangement to satisfy the legal or statutory requirements regarding environmental protection.
The supplier makes a commitment for himself, his personal and his subcontractors to respect strict confidentiality of all the information concerning us, he would have been able to collect within the framework of his relations with TECHNOMARK. If the supplier has an agreement of confidentiality, he has to refer to it. In any case, the orders can give rise to a direct or indirect advertising with third parties, without the prior written consent of TECHNOMARK. In case of violation of the present clause, TECHNOMARK can cancel one or several current orders.
The supplier is kept to TECHNOMARK, in his quality of specialist and professional, the obligation of advice and information. The supplier recognizes to be assured against all the risks which can arise on the occasion of the present order.
The general conditions of purchase are submitted to the French Law.
For any disputes concerning the present, the parts give competence in Saint Etienne"s commercial court (Loire), even in case of plurality of defendants or for guarantee disputes.
Download generals conditions of purchase
The General Terms of Sale are systematically addressed to each buyer will allow to place purchase order. As a consequence, the fact of placing order implies the whole membership and without reserve of the buyer in these general terms of sale with the exception of all other documents which have only an indicative value (flyer, catalogue,...).
No particular condition can, except formal and written acceptance of Technomark, prevail against the General Terms of Sale. The present terms will prevail over any possible condition of purchase of the buyer appearing on any order form or any other document. Any clause or opposite condition will be considered as null and void.
Any order placed by any client shall only be binding on Technomark after said order has been accepted by Technomark, and Technomark has issued an Order Acceptance to the client.
Any disagreement concerning the terms indicated in the Order Acceptance must be indicated within a period of 7 (Seven) days after dispatch of the Order Acceptance.
Unless otherwise stipulated, the offers summits by Technomark are actual only hanging thirty (30) days following their establishment. They cannot be considered on no account as neither firm or definitive nor commit Technomark, the order having validly passed only by an order form of the buyer identical to the offer and confirming it in all its elements (produced, price, quantity, deadline, etc. ...). Technomark is not responsible for delays, interruptions or difficulties met by the parts in their correspondences and communications (mails, faxes, e-mails, etc. ...).
Any modification of order accepted by the Technomark will have to receive expressly and in writing the agreement of Technomark which reserves the right to see again the before given conditions. Without preliminary agreement, in writing of Technomark, no cancellation of order, even partial, will validly be made. In case of cancellation, this one will give rise to a compensation knowing that the paid deposit will remain acquired by Technomark.
Unless otherwise clearly indicated in special clauses of our Order Acceptation prices are indicated excluding all transport costs, all taxes, all insurance and all duties. All these transport costs, taxes, insurance and duties shall be incumbent to the client.
Technomark shall not be bound by any availability date on an Order Acceptance and no delay in such availability is sufficient reason for the client to either cancel the order, or request compensation from Technomark.
We reserve the right to deliver early deadline with regard to the wanted.
Unless otherwise specified in any other written contract all our products are guaranteed for a period of 1 (one) year from the date of delivery when properly used and maintained and if correctly assembled and installed. The only obligation for Technomark under warranty consists of the replacement of any pieces that are recognised to be faulty except in the case of subcontracted manufactured units in which case that subcontractor's warranty will apply. Warranty does not extend to replacement or repair of parts subjected to normal wear and tear, nor in case of abnormal use, nor in the case of insufficient or incorrect maintenance. The use of the products in an inappropriate environment, excessive use, or the non respect of the prescribed usage techniques or connexions or maintenance as indicated in the manuals provided shall constitute an invalidation of the warranty terms. Technomark and the Distributor shall determine together the conditions of proper usage in case of disagreement by a Distributor's client concerning warranty conditions. In no case will repairs under warranty constitute a prolongation of the warranty period. Transportation charges and customs duties for the return of products under warranty shall be borne by the client. The costs of return to the client associated with installation of replacement parts under warranty shall be borne by Technomark on the basis of standard freight forwarding. For the return of goods, customs duties will be at the client's charge. Return of goods using Express delivery will incur extra charges which will have to be accepted by the purchaser by returning a written quotation acceptation before delivery.
Technomark's responsibility is strictly limited to the obligations linked to the supply of products as described in our price lists and brochures. Technomark can be kept only in the refund of the defective material and it is true whatever is the nature or the importance of the defect or the adduced negligence. Technomark cannot be held responsible for any indirect or immaterial damages such as loss of earning, loss of profits or lost production, nor for contingent and speculative damages.
Technomark applies the law 2016 / 679 / EU relative to the RGPD and may thus collect personal data concerning you during the treatment of your orders. These treatments are systematically made within the framework of the execution of a contract. The addressees of your personal data are the services in charge of the marketing, of the promotion and of the administration of sales. We preserve these data during all the duration of the contract, then for statistical purposes and of archiving. According to the applicable regulations regarding personal data protection, you have a right of access, rectification, opposition, limitation of the treatment of disappearance and portability of your data which you can exercise by e-mail at the address rgpd@technomark.fr; or by mail at the address: 1 Allée du Développement, 42 350 Talaudière by specifying your name, first name, address and by joining a copy both sides of your ID card. In case of non-answer on behalf of Technomark under a legal deadline of month, you can send a complaint with the CNIL (NATIONAL COMMISSION FOR INFORMATION TECHNOLOGY AND CIVIL LIBERTIES) or with quite different competent authority.
All the goods are sent freight and packing in the responsibility and at the expense of the buyer (ex-works EXW) except particular conditions accepted by Technomark. The buyer supports all the risks and the dangers bound to the goods as from the delivery. From then on, he has to insure them and answers it exclusively. The buyer is responsible for verifying, in the delivery, the state of the goods. No recourse can be exercised against Technomark, the forwarder or the carrier, for losses, damage or damage undergone by the goods if reserves for visible deteriorations with reception were not formulated with the carrier, and if this constant having irrefutable probative value was not sent to the carrier or the forwarder for a maximum deadline of two (2) days with formal notification to Technomark for the same deadline.
Any delay in payment will result in the application of the European directive 2011/7, making payable:
1/ Delay charges, determined pursuant the refinancing rate of the European Central Bank equal with three times the legal interest rate.
2/ A 40 Euros allowance for recovery charges,
By virtue of that directive when recovery charges are higher than the allowance, it will be within our right to ask for a justified complementary allowance.
Any delay in payment will result in the application of interest charges on the basis of one and one half per cent (1.5%) per month which will be invoiced by Technomark to the client.
Transfer of ownership from Technomark to the client shall not occur until total payment has been received including interest or any other unpaid debts to be paid by the client. In case of non-payment of products by the client or in case of doubt concerning the solvability of the client Technomark reserves the right to reclaim the products delivered or the monies received in the case of their resale. This right having been established as an integral part of these terms of sale any employee, agent or other person authorized by Technomark shall be authorized to enter the client's premises in order to obtain restitution. A bank draft that has not been credited to the vendor's account shall not be considered as payment in the case of litigation under this clause.
In spite of, the application of the clause of retention of title, the buyer is the guard of the sold material and supports all the risks and the dangers.
Visible signs of deterioration must be specified on the delivery ticket at reception of the goods and copy sent to Technomark. All other complaints concerning goods delivered must be made to Technomark within seven (7) days of delivery. Beyond that period and without justification of visible signs of deterioration indicated on the delivery ticket no complaints may be considered.
The conditions of use of the goods and the software which are integrated are the ones stipulated on the documentations supplied by the Technomark. Technomark cannot be held responsible for possible harmful consequences which can result from a manipulation against the specifications of Technomark.
These general sales conditions and any particular conditions applied after mutual consent to orders received shall be considered binding.
The parties shall try to settle all disputes concerning orders transmitted and delivered by private agreement
Unless otherwise specified in writing any unresolved dispute shall be submitted to the courts sitting in St Etienne, France. All parties accept personal jurisdiction of said courts. All disputes will be settled under French Law
大阪府東大阪市本庄西2-3-12
TEL: 06-6747-5288 FAX: 06-6744-1150
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