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General Terms of Sale

(as at 01/01/2019)
1/ General provisions
Except by special or written agreement, any order automatically entails the customer's compliance with the following general terms, notwithstanding any provision to the contrary that might appear in the customer's general terms of purchase. Acceptance of an order is subject to the return of an accepted quotation or a purchase order referring to the quotation issued by PVP. In all cases, it shall be the customer’s responsibility to check the contents of any quotations or plans provided by the vendor and to certify that they satisfy the intended conditions of use. PVP reserves the right to mark its visual identification on its creations.

2/ Design and mock-up offers
Les devis, documents de toute nature remis ou envoyés par PVP restent toujours la propriété entière de PVP et ne peuvent être communiqués ou reproduits sans son autorisation expresse sous peine de dommages et intérêts. Les devis et documents, maquettes réalisés par PVP ne donnant pas lieu à commande doivent être restitués sans préjudice de son droit de facturer les frais de déplacements.

3/ Catalogues, prices, transportation
Because PVP's advertising material has no contractual value, the vendor reserves the right to make any changes to the shape, dimensions, materials, or weight of the products represented or described in its advertising materials, without any obligation to modify products already delivered or orders in progress. All of our offers are calculated based on the prices in force at the time of the offer. The company nevertheless reserves the right to modify these prices on 1st July of each year in accordance with the changes in the prices of raw materials. Prices are understood to be exclusive of tax, ex works, including packaging, except for special packaging, which is subject to supplementary charges. Our goods, even when sent carriage paid, travel at the recipient's risk, and so the recipient should express reservations in case of any defective or missing items. The customer is responsible for the costs of unloading.

4/ Orders, delivery times
PVP cannot be held liable in cases of force majeure, which release the vendor as of right from its obligation to deliver. The delivery details are indicated for information, but depend on the vendor's supply and transportation possibilities. The clock does not start to run on the delivery time until the day that PVP has all the technical information required to execute the work and, in particular, the approved drawings and the duly signed final proof. Overdue deliveries cannot give rise to damages, withholding, or cancellation of the order in progress.
For any order in an amount below €60 ex tax and ex delivery, a processing and invoicing charge of €15 ex tax shall be applied.

5/ Terms of payment
All of our invoices are payable at company head office. Except by special agreement, payment takes place within 30 days following the delivery date. Upfront payment can however be demanded in the absence of approved references at the time of a first order, or for any other reason. Invoices sent to the State or to local authorities and their public establishments are payable according to the rules laid down in the public procurement code, including the provisions concerning interest on arrears, which shall be due as of right in the event of overdue payments. Default on the payment of just one installment gives rise to any amount due becoming immediately payable, whatever the terms of payment initially agreed upon, and payment of a penalty equivalent to one and a half times the legal interest rate in force on the initially planned due date of the installment. PVP reserves the right to suspend further deliveries and releases the customer from all commitments.

6/ Reservation of ownership
All PVP sales agreements include a reservation of ownership clause. Consequently, transfer of ownership of the goods sold is suspended until the price (principal and any accessory charges) has been paid in full. The parties agree that insurance liability rests with the purchaser from the moment of delivery.

7/ Guarantee
This covers the replacement of defective parts only. Any parts that are broken or damaged following misuse by the purchaser or the purchaser's personnel shall be replaced at the purchaser's expense. Repair charges for labour are calculated on the basis of the price lists in force at the time of the repair. Under all circumstances, PVP's guarantee is limited to replacing defective items and excludes any other compensation or associated costs. For the services of installation of equipment at our customers, we are committed to respecting requests and needs with all means in the rules of the art and on time. We are committed to rectifying and re-intervening if any wrongdoings are found at meetings. These additional benefits, if they are our doing, will be fully taken care of us.

8/ Jurisdiction clause
Jurisdiction over all disputes is assigned to the courts having jurisdiction over PVP head office, which have jurisdiction irrespective of the nature, cause, or location of the dispute, even in a case of guarantee and plurality of defendants.