Terms and Conditions
of Sale

Article 1Pricing

The applicable price is the one in force on the day of delivery, in order to account for any increase in the cost of raw materials and/or labour between the date of order registration and its execution. Unless otherwise agreed, prices are quoted net, transport not included, excluding taxes on the basis of the rates communicated to the customer. Any tax, duty, fee or other charge payable in accordance with French regulations or those of an importing or transit country shall be borne by the customer.

Article 2Orders

The contract is finalised upon dispatch of the order acknowledgement by 3T Transmissions, with 3T Transmissions reserving the right to modify a forecast delivery date according to circumstances related to the production of said order. The order, which expresses the customer's consent irrevocably, cannot be revoked by the customer.

The customer is responsible for the implementation of the product under normal foreseeable conditions of use and in accordance with applicable safety and environmental legislation. In particular, it is the customer's responsibility to select a product matching their technical requirements and to confirm with 3T Transmissions the suitability of the product for the intended application. The customer shall have ensured to validate the entire offer made so that the standard products proposed by 3T Transmissions correspond to their request, which they shall have validated by placing the order.

Article 3Payment

All payments must be made in cash. Exceptionally, 3T Transmissions reserves the right to grant or refuse a payment term without discount. This credit is granted on a precarious and revocable basis and may be withdrawn in the event of serious and concordant signs affecting the customer's financial credibility, or in the event of payment incidents (non-compliance with the deadline, notice of non-payment…).

Any sum not paid when due shall bear interest as of right at a rate of 2 % per month of delay. In the event of non-payment of any due date, all other instalments become immediately due even if they have given rise to bills of exchange, without prejudice to our right to terminate the contract and/or suspend deliveries until full settlement of sums owed.

As a penalty clause, a fixed surcharge of 10 % on sums thus due, in principal and interest, would be payable as compensation for the prejudice suffered. The absence of total or partial payment when due shall entail the payment of a fixed indemnity of €40 per unpaid invoice, this amount being subject to increase in the event of incurred costs exceeding said amount.

Accepted payment methods: bank transfer or credit card. For any order over €1,500 and/or for any special manufacture or made-to-order, a deposit of 30 % may be required to initiate the order. Services paid by credit card incur a 2 % surcharge.

Article 4Retention of title

Goods sold remain our property until full payment of the price in principal and accessories, even in the event of payment terms being granted. Any clause to the contrary shall be deemed unwritten. However, the risks are transferred to the buyer upon delivery of the products to the carrier or upon leaving our warehouses.

By express agreement, 3T Transmissions may exercise the rights it holds under this retention-of-title clause for any of its claims, on the totality of its products in the customer's possession, the latter being conventionally presumed to be the unpaid ones, and 3T Transmissions may take them back or claim them as compensation for any unpaid invoices, without prejudice to its right to terminate sales in progress.

In the event of non-payment, and unless 3T Transmissions prefers to demand full performance of the sale, 3T Transmissions reserves the right to cancel the sale after formal notice and to reclaim the delivered goods, with return costs remaining at the buyer's expense and giving rise to payment by the buyer of a fixed indemnity equal to 1 % of the price of the sold equipment, per day elapsed between the delivery date and the day of the equipment's return. This indemnity shall be offset against the deposit paid by the customer.

Article 5Delivery

3T Transmissions endeavours to respect delivery times, subject to force majeure or circumstances beyond its control, such as strikes, fires, floods, tooling accidents, without this list being exhaustive.

Delivery is deemed to have been carried out either by direct handover to the customer, by simple notice of availability, or by delivery at 3T Transmissions' factories or warehouses to a carrier designated by the customer or, failing that, chosen by 3T Transmissions. Delivery delays cannot give rise to any penalty or indemnity, nor justify the cancellation or termination of the order.

Article 6Acceptance

In the event of apparent defects or missing items, any claim concerning the products delivered must be made by registered letter with acknowledgement of receipt within 3 days of their receipt by the customer, under penalty of forfeiture. In the event of apparent defects or missing items, the customer may only request the replacement of non-compliant items and/or the supplement to make up for missing items at the expense of 3T Transmissions, without being able to claim any indemnity or termination of the order.

A transport insurance is offered for any order over €1,500. This insurance guarantees a complete transfer of ownership upon delivery of the goods to the customer. If the customer waives this insurance at the quote and/or order stage: in this case, the transfer of ownership takes place upon departure from the warehouses or factories serving as suppliers for 3T Transmissions. Any damage or loss during transport would be entirely at the customer's expense, with the latter having to claim against the carrier.

Article 7Returns / Refunds / Cancellation

Any return request is subject to our agreement. After determination of the error and return of goods to our premises, a credit note will be issued as compensation, except in case of error on our part, reduced by a discount of 25 %. No return of merchandise is accepted if the value is less than €50 net excluding shipping and packaging.

Any cancellation of an order entails management costs on a pro rata basis of a minimum of €50, excluding factory order cancellation fees, material or production commitment, travel for representation. The conditions for settlement of credit notes are governed under the rule of 30 days end of month on the 15th.

Article 8Disputes

The Commercial Court of Bobigny alone has jurisdiction, regardless of the terms of sale and payment method accepted between the parties. No derogation can replace this attributive clause of jurisdiction. In the case of sale abroad, the contract shall be governed by French law. These General Terms and Conditions of Sale may be modified without notice.